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Nov 25, 2025

Eligibility for receiving financial compensation for health conditions resulting from exposure to hazardous material in the wake of 9/11

The New York State's Court of Appeals held that for the purpose of claiming Workers' Compensation Law benefits as a result of exposure to hazardous materials while participating in 9/11 cleanup efforts, Workers Compensation Law §168 applies only to a claim by a statutorily defined participant in the recovery efforts. 

The Court noted that "[I]n the wake of the terrorist attacks on September 11, 2001, the legislature enacted Article 8-A of the Workers' Compensation Law, which was designed to ensure that both employees and volunteers who participated in rescue, recovery, and cleanup operations at the World Trade Center and other statutorily enumerated sites could recover for health conditions resulting from exposure to hazardous material". 

At issue in this action was a claim for death benefits filed by the spouse of a volunteer who had applied for and received lifetime benefits based on multiple medical conditions he contracted as the result of his working at a designated site. 

Although the statute provides benefits to both employees and volunteers and, in the words of the Court of Appeals, "has ensured that many who served in those vital response efforts received financial compensation", the Court ruled that Workers' Compensation Law §168 applies with respect to a claim by a statutorily defined "participant" in the recovery efforts. 

Click HERE to access the Court of Appeals' decision posted on the Internet.


NYPPL Publisher Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.

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