Authority Library / WC/NY / statute/world-trade-center-rescue-recovery-and-clean-up-operations

World Trade Center Rescue, Recovery and Clean-up Operations

Aggregated by Superinsight from public-domain sources, as of 2026-09-02.

WKC § 161 — Definitions

N.Y. Workers' Comp. Law § 161

NYS Open Legislation, revision of 2014-09-22.

§ 161. Definitions. Whenever used in this article:

  1. "Participant in World Trade Center rescue, recovery, or cleanup operations" means any (a) employee who within the course of employment, or (b) volunteer upon presentation to the board of evidence satisfactory to the board that he or she:

(i) participated in the rescue, recovery, or cleanup operations at the World Trade Center site between September eleventh, two thousand one and September twelfth, two thousand two; or

(ii) worked at the Fresh Kills Land Fill in New York city between September eleventh, two thousand one and September twelfth, two thousand two, or

(iii) worked at the New York city morgue or the temporary morgue on pier locations on the west side of Manhattan between September eleventh, two thousand one and September twelfth, two thousand two, or

(iv) worked on the barges between the west side of Manhattan and the Fresh Kills Land Fill in New York city between September eleventh, two thousand one and September twelfth, two thousand two.

  1. "World Trade Center site" means anywhere below a line starting from the Hudson River and Canal Street; east on Canal Street to Pike Street; south on Pike Street to the East River; and extending to the lower tip of Manhattan.

  2. "Qualifying condition" means any of the following diseases or conditions resulting from a hazardous exposure during participation in World Trade Center rescue, recovery or clean-up operations:

(a) Diseases of the upper respiratory tract and mucosae, including conditions such as conjunctivitis, rhinitis, sinusitis, pharyngitis, laryngitis, vocal cord disease, upper airway hyper-reactivity and tracheo-bronchitis, or a combination of such conditions;

(b) Diseases of the lower respiratory tract, including but not limited to bronchitis, asthma, reactive airway dysfunction syndrome, and different types of pneumonitis, such as hypersensitivity, granulomatous, or eosinophilic;

(c) Diseases of the gastroesophageal tract, including esophagitis and reflux disease, either acute or chronic, caused by exposure or aggravated by exposure;

(d) Diseases of the psychological axis, including post-traumatic stress disorder, anxiety, depression, or any combination of such conditions; or

(e) New onset diseases resulting from exposure as such diseases occur in the future including cancer, chronic obstructive pulmonary disease, asbestos-related disease, heavy metal poisoning, musculoskeletal disease and chronic psychological disease.

  1. "Disablement" shall have the same meaning as defined in section thirty-seven of this chapter and determined by the board in the same manner as provided in section forty-two of this chapter.

WKC § 162 — Registration of participation in World Trade Center rescue, recovery and clean-up operations

N.Y. Workers' Comp. Law § 162

NYS Open Legislation, revision of 2022-09-16.

§ 162. Registration of participation in World Trade Center rescue, recovery and clean-up operations. In order for the claim of a participant in World Trade Center rescue, recovery and clean-up operations to come within the application of this article, such participant must file a written and sworn statement with the board on a form promulgated by the chair indicating the dates and locations of such participation and the name of such participant's employer during the period of participation. Such statement must be filed not later than September eleventh, two thousand twenty-six. The board shall transmit a copy of such statement to the employer or carrier named therein. The filing of such a statement shall not be considered the filing of a claim for benefits under this chapter.

WKC § 163 — Notice; participants in the World Trade Center rescue, recovery and clean-up operations

N.Y. Workers' Comp. Law § 163

NYS Open Legislation, revision of 2014-09-22.

§ 163. Notice; participants in the World Trade Center rescue, recovery and clean-up operations. The notice requirements for injury or death resulting from a qualifying condition for a participant in World Trade Center rescue, recovery and clean-up operations shall be the same as set forth in section eighteen of this chapter, except that the notice shall be given to the employer, or in the case of a volunteer, to the board, within two years after the disablement of the participant or after the participant knew or should have known that the qualifying condition was causally related to his or her participation in World Trade Center rescue, recovery and clean-up operations, whichever is the later date.

WKC § 164 — Disablement of a participant in World Trade Center rescue, recovery and clean-up operations treated as an accident

N.Y. Workers' Comp. Law § 164

NYS Open Legislation, revision of 2014-09-22.

§ 164. Disablement of a participant in World Trade Center rescue, recovery and clean-up operations treated as an accident. The date of disablement of a participant in World Trade Center rescue, recovery and clean-up operations resulting from a qualifying condition that is causally related to such participant shall be treated as the happening of an accident within the meaning of this chapter and the procedure and practice provided in this chapter shall apply to all proceedings under this article, except where otherwise specifically provided herein. The board shall determine the date of disablement that is most beneficial to the claimant.

WKC § 165 — Reopening of disallowed claims

N.Y. Workers' Comp. Law § 165

NYS Open Legislation, revision of 2014-09-22.

§ 165. Reopening of disallowed claims. The board, upon receiving a statement duly filed as required under section one hundred sixty-two of this article, from a participant in World Trade Center rescue, recovery and clean-up operations for a qualifying condition that was disallowed as barred by section eighteen or section twenty-eight of this chapter or by section one hundred sixty-two of this article for failure to register timely shall reopen and redetermine such claim in accordance with the provisions of this article, provided that no such previously disallowed claim for a qualifying condition shall be determined to have a date of disablement that would bar the claim under section eighteen or section twenty-eight of this chapter.

WKC § 166 — Liability of employer and insurance carrier

N.Y. Workers' Comp. Law § 166

NYS Open Legislation, revision of 2014-09-22.

§ 166. Liability of employer and insurance carrier. The employer in whose employment an employee participated in World Trade Center rescue, recovery and clean-up operations shall be liable for any claim for a qualifying condition that is causally related to such participation provided that such participation arose out of and in the course of such employment. For the purpose of determining which carrier has insurance coverage of such claim, the date of accident shall be considered the last day of such participation.

WKC § 167 — Claims of volunteers

N.Y. Workers' Comp. Law § 167

NYS Open Legislation, revision of 2016-04-22.

§ 167. Claims of volunteers. For persons who participated in World Trade Center rescue, recovery and clean-up operations as volunteers, the uninsured employers' fund shall be deemed to be the employer for the purposes of administering and paying claims pursuant to this article. Benefits under this chapter shall be payable to such volunteers in the first instance and to the extent that funds are available out of funds appropriated to the United States Department of Labor under Public Law 109-148 to reimburse the uninsured employer's fund for the payment of such benefits and thereafter from the uninsured employers' fund. The uninsured employers' fund may pay for volunteers' medical treatment notwithstanding such medical expenses having been denied by the World Trade Center Health Organization.

WKC § 168 — Additional period for filing certain claims

N.Y. Workers' Comp. Law § 168

NYS Open Legislation, revision of 2022-09-16.

§ 168. Additional period for filing certain claims. 1. A claim by a participant in the World Trade Center rescue, recovery or cleanup operations whose disablement occurred between September eleventh, two thousand three, and September eleventh, two thousand eight, shall not be disallowed as barred by section eighteen or section twenty-eight of this chapter if such claim is filed on or before September eleven, two thousand ten. Any such claim by a participant in the World Trade Center rescue, recovery or cleanup operations whose disablement occurred between September eleventh, two thousand three, and September eleventh, two thousand eight, and was disallowed by section eighteen or twenty-eight of this chapter shall be reconsidered by the board.

  1. A claim by a participant in the World Trade Center rescue, recovery or cleanup operations whose disablement occurred between September twelfth, two thousand eight, and September eleventh, two thousand twelve, shall not be disallowed as barred by section eighteen or section twenty-eight of this chapter if such claim is filed on or before September eleventh, two thousand fourteen. Any such claim by a participant in the World Trade Center rescue, recovery or cleanup operations whose disablement occurred between September eleventh, two thousand eight, and September eleventh, two thousand twelve, and was disallowed by section eighteen or twenty-eight of this chapter shall be reconsidered by the board.

  2. A claim by a participant in the World Trade Center rescue, recovery or cleanup operations whose disablement occurred between September eleventh, two thousand twelve, and September eleventh, two thousand fifteen, shall not be disallowed as barred by section eighteen or section twenty-eight of this chapter if such claim is filed on or before September eleventh, two thousand eighteen. Any such claim by a participant in the World Trade Center rescue, recovery or cleanup operations whose disablement occurred between September eleventh, two thousand twelve, and September eleventh, two thousand fifteen, and was disallowed by section eighteen or twenty-eight of this chapter shall be reconsidered by the board.

  3. A claim by a participant in the World Trade Center rescue, recovery or cleanup operations whose disablement occurred between September eleventh, two thousand fifteen, and September eleventh, two thousand seventeen, shall not be disallowed as barred by section eighteen or section twenty-eight of this chapter if such claim is filed on or before September eleventh, two thousand twenty-two. Any such claim by a participant in the World Trade Center rescue, recovery or cleanup operations whose disablement occurred between September eleventh, two thousand fifteen, and September eleventh, two thousand seventeen, and was disallowed by section eighteen or twenty-eight of this chapter shall be reconsidered by the board.

  4. A claim by a participant in the World Trade Center rescue, recovery or cleanup operations whose disablement occurred between September eleventh, two thousand seventeen, and September eleventh, two thousand twenty-one, shall not be disallowed as barred by section eighteen or section twenty-eight of this chapter if such claim is filed on or before September eleventh, two thousand twenty-six. Any such claim by a participant in the World Trade Center rescue, recovery or cleanup operations whose disablement occurred between September eleventh, two thousand seventeen, and September eleventh, two thousand twenty-one, and was disallowed by section eighteen or twenty-eight of this chapter shall be reconsidered by the board.

WKC § 169 — Presumptive evidence

N.Y. Workers' Comp. Law § 169

NYS Open Legislation, revision of 2022-09-16.

§ 169. Presumptive evidence. 1. The board shall accept the certifications of the Centers for Disease Control and Prevention World Trade Center Health Program as presumptive evidence of causation of certified illnesses pursuant to 42 USC 300mm for claims filed for conditions of impairment of health or death pursuant to a qualifying condition.

  1. Notwithstanding section eighteen or twenty-eight of this chapter, any claimant who filed a claim or claims that were denied prior to the effective date of this section may refile such claim or claims within two years of the effective date of this section.