New York Revises Compensation Fund, Workers’ Compensation Claims for 9/11 Victims

Ahead of the 21st anniversary of 9/11, New York Governor Kathy Hochul signed several bills into that that seek to support to 9/11 victims and survivors and their families. This new laws target barriers and delays in the Victim Compensation Fund and workers’ compensation claims.

Legislation (S.6810/A.7425) establishes a simplified alternative method for Victim Compensation Fund awards, consisting solely of non-economic losses such as emotional damages. The VCF will issue a detailed award breakdown and allocation of the award between economic loss and non-economic loss.

Currently, under New York’s wrongful death statute, an award issued by the VCF is treated the same as any action for wrongful act, neglect or default causing the death of a decedent. Once an award is issued by the VCF, the personal representative must apply to the Surrogate’s Court for a court order allowing the compromise, collection, and distribution of the award. The Surrogate’s Court is responsible to ensure the adequacy of the award and the proper allocation of the funds to the interested parties.

Another new law (S.6812/A.7426) will require the Victim Compensation Fund Award to treat all victims of the World Trade Center terrorist attack and the processing of their claims equally without unnecessary delay, removing certain restrictions that caused delays for filers and their families. This bill minimizes the administrative burden on the family, VCF, and the Surrogate’s Court by allowing personal representatives of 9/11 decedents to file and process claims, regardless of whether the decedent died of the 9/11 illness or simply sustained a 9/11 injury but died of a different cause.

A third law S.9370/A.9922A) provides a presumption for workers’ compensation claims for any health impairment or death of individuals who participated in the World Trade Center rescue, recovery and clean-up operations. Many of the first responders and rescue and recovery workers have a timely claim for benefits with the New York State Workers’ Compensation Board, but have been denied without cause. Other dependents of workers who died of 9/11 certified illnesses are barred from filing claims for workers’ compensation benefits because the statute of limitations expired before the CDC “World Trade Center Health Program” certified illnesses was accepted as presumptive cause. This bill helps those first responders and rescue and recovery workers who contracted an illness or died of a certified illness get benefits.

The final bill (S.9294A/A.10416) allows any participant who became disabled between September 11th, 2017 and September 11th, 2021 to file a claim before September 11th, 2026. If a participant filed a claim in this period and it was disallowed, the application will be reconsidered by the workers’ compensation board. This will also extend the time period to September 11th, 2026 for filing a notice of participation in New York State’s public retirement systems.

Assemblymember Peter J. Abbate, Jr. said the enactment of the bills will “streamline the procedures for receiving awards” for victims and survivors of the terrorist attack.

Topics Claims Workers' Compensation Talent New York