World Trade Center Workers’ Compensation

The collapse of the World Trade Center on September 11, 2001 released a wide range of toxic contaminants which blanketed lower Manhattan and Brooklyn creating an environmental disaster. Thousands of workers, volunteers, community residents who were exposed to the dust and the fumes from the fires which burned for approximately four months after the attack have developed debilitating and sometimes fatal illnesses.

Most recently, a study conducted by the Mt. Sinai School of Medicine of more than 9,000 workers who worked at or near Ground Zero, the City Morgue, the transfer station, on the barges or the landfill where the debris was taken has found illness among more than 70% of the study’s participants.1 What is of particular concern is the persistence of the symptoms reported by the participants five years later and the appearance of new illnesses among the population five years after the exposure.

A second study dealing with the prevalence of mental health illness among the same population will be released soon. Initial indications are that similar rates of illness as found in the study of physical symptoms will be reported.

Many workers and volunteers who participated in the rescue, recovery and clean up of lower Manhattan who became ill and who applied for New York State Workers’ Compensation medical and wage replacement benefits had their claims denied because they exceeded the laws time limits for filing. Since there were, until recently, no additional sources of funding for treatment and medications available, workers and volunteers were unable to get appropriate treatment.

Legislation has recently been enacted which would create a one year window for those whose claims were denied by the New York State Workers’ Compensation Board which would allow workers and volunteers to register and have their claims reheard. In addition, the law allows those who were exposed to the toxic dusts and fumes in lower Manhattan who may develop an illness related to their exposure in the future to register within this one year window to preserve their right to file a workers’ compensation claim.

Since workers and volunteers came from all over the country to assist in the rescue, recovery and clean up operations, it is imperative that the State engage in an public outreach campaign so that participants are aware of the necessity of registering by August 14th, 2007 to preserve their right to file a workers’ compensation claim which would provide them with medical treatment and compensation if they become sick.