Workers Comp

Governor Paterson Signs Law to Expand Disabiltiy Benefit Eligibility to More 9/11 Rescuers

GOVERNOR PATERSON SIGNS LAW TO EXPAND DISABILITY BENEFIT ELIGIBILITY TO MORE 9/11 RESCUERS AND TO EXTEND REGISTRATION DEADLINE TO SEPTEMBER 11, 2010.

BALCONY, the Business and Labor Coalition of New York, commends Governor David Paterson for signing into law the bill (S.8676 Golden / A.11730 Silver) that expands eligibility for benefits for those who helped clean up the World Trade Center site, and that extends the registration deadline for presumptive accidental disability retirement benefits from June 14, 2009 to September 11, 2010.

BALCONY also congratulates the sponsors of the bill, Assembly Speaker Sheldon Silver and Senator Martin Golden, and co-sponsors, including Assembly members Richard Gottfried and Jonathan Bing. The legislation was introduced on June 13 and was passed by the New York State (NYS) Assembly and the NYS Senate on July 8. 

The bill is based on recommendations made in March by the September 11th Worker Protection Task Force. Under the proposed legislation, certain persons who were involved in the rescue, recovery and clean-up operations following the terrorist attack on the World Trade Center (”WTC”), who are not eligible for presumptive eligibility for accidental disability benefits, to be entitled to such presumption.

This bill expands the list of first responders who can file for benefits to include the following:

• Non-uniformed first responders not required to undergo a pre-employment physical examination
• First responders who worked for any amount of time in the first 48 hours after the terrorist attacks of September 11, 2001
• Vested members of a public pension system who stopped working prior to filing a claim
• Workers who became disabled more than two years after the WTC disaster but before the Workers’ Compensation Law was extended to cover them
• 911 dispatchers
• Emergency vehicle radio repair mechanics
• State and county correction officers and deputy sheriffs

“Because many non-uniformed City and State employees who took part in the rescue and recovery operation at Ground Zero were not required to undergo pre-employment physicals, this requirement was dropped from the bill introduced by Governor Paterson”, according to the news release posted on the website of the New York City Department of Health. “Instead, employees can obtain a disability pension by providing access to medical records and demonstrating the lack of any pre-existing conditions prior to September 11, 2001. The geographic boundaries for filing a disability claim have also been expanded beyond four WTC sites to include employees who worked in emergency vehicle garages and emergency call centers.”

The same news release reports that “the law now requires that individuals who file disability claims must have worked for at least 40 hours in the rescue and recovery operation following the WTC disaster. The new legislation withdraws this requirement for responders who worked at Ground Zero in the first 48 hours after the collapse of the WTC because the Task Force gathered medical evidence demonstrating that early arrival at the site increased the health risks associated with WTC exposure.”

In October 2006, BALCONY produced a series of 9/11 Workers’ Compensation television, radio and internet Public Service Announcements (PSAs), in both English and Spanish, featuring actress Sigourney Weaver, director Jim Simpson, and former boxing champion José Torres, all of whom work or live in Lower Manhattan. BALCONY 9/11 Workers’ Compensation PSAs were funded by The Center on Workers’ Injury Policy, Inc., among others, and have already been disseminated throughout New York on TV and radio stations, distributed to business and trade associations, and streamed on union websites.

The information needed to register for these benefits can be found at

www.nyc.gov/html/doh/wtc/html/rescue/workcomp.shtml.

NYS Assembly and Senate Passed Legislation to Expand 9/11 Benefits to September 11, 2010. Awaits Governor’s Signature!

New York, NY, July 8, 2008 – BALCONY, the Business and Labor Coalition of New York, commended the legislation introduced by Governor David Paterson to expand disability benefits to City and State employees injured while responding to the collapse of the World Trade Center (WTC). The new legislation, introduced on June 13, is based on recommendations made in March by the September 11th Worker Protection Task Force. Under the proposed legislation, disability retirement benefits would be available to more first responders than are currently covered by State law. In addition, the deadline to register for Workers’ Compensation and disability would be extended to September 11, 2010.

Both the New York State (NYS) Assembly and the NYS Senate passed the legislation. However, the bill will not officially become law until the Governor signs it, which is expected to happen sometime this month.

State Bill Expands Pool of Possible 9/11 Benefit Recipients

by Anthony DePalma

Even as New York City battles thousands of ground zero workers over their health claims in federal court, New York State is making more workers eligible for health care benefits.

The State Legislature has passed a bill that will make hundreds of public service workers who labored at the World Trade Center site during the nine-month cleanup after the attacks of Sept. 11 eligible for state disability payments.

Aides to Gov. David A. Paterson said on Wednesday that as many as 1,800 such workers who had already been denied disability benefits could now be eligible to receive them.

2008 YouthSafe Poster Contest Winner

Gov. Paterson proclamation of June as “Teen Worker Safety Month”

Bethanie Lethbridge (second from left), 17, a student at T-S-T BOCES in Ithaca, is shown with her winning poster in the 2008 YouthSafe Poster Contest, jointly sponsored by the New York Committee on Occupational Health and Safety (NYCOSH) and the New York State United Teachers (NYSUT). The contest is held annually to promote workplace safety and education for young workers. Bethanie received a $400 award in Albany following Governor David Paterson’s proclamation of June as Teen Worker Safety Month.

Also shown in photo are NYCOSH Executive Director Joel Shufro (left), M. Patricia Smith (right), New York State Commissioner of the Department of Labor (DOL), and Assemblymember Susan John (second right), Chairperson of the New York State Assembly Committee on Labor. Commissioner Smith has announced new initiatives on youth worker safety as part of Teen Worker Safety Month.

State Seeks Way to Save Benefits for Workers

by Steven Greenhouse

State officials say they may have to create a $200 million emergency fund to finance workers’ compensation benefits for thousands of injured New Yorkers because 12 trusts that provided insurance to their employers have failed financially.

The self-insured trusts provide workers’ compensation insurance to groups of small- to medium-size employers in the same industry, and the failure of so many of them in recent months has sparked fears of a cutoff in benefits to thousands of injured workers. It has also generated criticism that the State Workers’ Compensation Board was lax in regulating the trusts. There are 50 group trusts remaining in the state that provide insurance to more than 20,000 businesses with a total of about 500,000 employees.