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.