Public workers at Ground Zero will now be eligible for disability benefits

Gov. George Pataki approved legislation Wednesday, June 15, that will make it easier for public employees who were involved in September 11 rescue, recovery, or cleanup operations to qualify for disability pensions.

Under the new law, any disability resulting from specified injuries or illnesses contracted by 9/11 workers will be presumed to have been a result of performance of duty. The benefits will go to public employees and retirees who spent at least 40 hours at Ground Zero, the Fresh Kills landfill, or the city morgue as a result of the disaster. The bill covers a range of illnesses, including cancer, skin conditions, and respiratory ailments, as well as mental illness. A physical exam prior to involvement in the recovery work is required to verify that no such condition existed previously. 

"The heroes who responded to the horrific attacks of September 11 clearly put the needs of the victims first, often risking their own lives to help others," Pataki said in a statement. "This new law recognizes their tremendous efforts during that time of crisis and will ensure that they receive appropriate compensation for any disabilities they may have suffered as a result of their involvement in rescue, recovery, and cleanup efforts."

An exception will be made for firefighters, police officers, and other emergency responders who did not meet the minimum 40-hour service requirement because they suffered a physical injury during the first two days of the disaster's aftermath. They, too, will be eligible for benefits. 

Individuals have two years to apply to their retirement system to qualify for the disability pension, which is higher than a regular pension. The legislation also gives employers the right to challenge any disability application.

In addition to helping workers collect disability benefits, the legislation also calls for the creation of a September 11 Worker Protection Task Force to review and examine evidence about adverse health effects on workers who participated in the World Trade Center efforts. The task force will be responsible for assessing health impacts caused by exposure to air and other elements, examining existing laws related to disability coverage for workers, and identifying federal sources of funding to provide the benefits conferred by the bill. On June 1 of each year, beginning in 2006, the task force will issue a report on its findings and recommendations to the governor and legislative leaders.

*Photo courtesy of the Lower Manhattan Development Corporation