Tag Archives: first responder

Injured As A Result of 9/11? The World Trade Center Accidental Disability Deadline Is Approaching

I recently traveled to Virginia with most of my immediate family to celebrate my father’s 80th birthday. While he is not in the best physical shape, he was clearly touched that we all came to wish him well as he celebrated this milestone birthday. As an added bonus, we also got to visit with my grandmother, Mary Walsh, who will celebrate her 109th birthday in August. 

My dad was a New York City firefighter for many years. Unfortunately, quite a few of his current health issues were caused by his exposure to smoke while battling fires during the worst years – the 1970s and 1980s – the City of New York has seen in terms of firefighting calls. Along with the smoke inhalation, years of carrying heavy packs, rescuing people and sustaining burns, broken bones, and other injuries have wreaked havoc on his body. While he saw more than his share of death and destruction, it pales in comparison to the losses the City sustained on September 11, 2001, when 411 emergency responders, including 343 firefighters, lost their lives. Even more distressing is that according to statistics, more than 850 additional first responders have died as a result of 9/11 related illness since that day. Just two weeks ago in fact, retired firefighter Robert Newman from Patchogue, Long Island, died from cancer as a result of breathing in toxins at the World Trade Center.

Many of these first responders initially retired without realizing the extent of their illnesses, and that they were entitled to compensation for their injuries. While Workers’ Compensation benefits are not available to uniformed employees of the FDNY or NYPD who participated in the rescue, recovery, or cleanup operations, they are still eligible for certain benefits.

In 2005, the World Trade Center (WTC) Disability Law took effect in New York State. This law establishes a presumption that certain disabilities for those who participated in the rescue, recovery, and cleanup at the World Trade Center and other specified sites would entitle them to accidental disability retirement benefits subject to certain criteria including when, where, and for how long they worked at a WTC site. Subsequent amendments expanded the list of individuals eligible, extended the filing deadline, and added qualifying conditions.

The bill allows many police officers and firefighters who retired with non-WTC accidental disabilities to have their retirement reclassified as an accidental disability related to the WTC disaster. Death benefit legislation enacted in 2006 provides an accidental death benefit to certain city and state employees within this same eligibility group. If approved, World Trade Center accidental disability retirement will become effective as of the date of reclassification and not retroactive to the date of retirement.  

If you are disabled, you should file an Application for World Trade Center Accidental Disability

Presumption. If you have not already done so, you must file this Notice on or before September 11, 2018. In order to preserve your right to file at some time in the future if you are presently not disabled, you will also need to file an Application for World Trade Center Notice on or before September 11, 2018.  While you do not need an attorney to represent you, it may be in your best interest to seek the advice of a professional as there are certain restrictions, deadlines, various forms, and qualifying conditions that could make filing the application difficult. 

The after effects of 9/11 continue to take their toll even after all these years, with no immediate end in sight.  We are grateful that there is at least some small consolation for our first responders who should at least not have to be worried about financial issues for themselves and their families. 

 

Catherine M. Stanton is a senior partner in the law firm of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP. She focuses on the area of Workers’ Compensation, having helped thousands of injured workers navigate a highly complex system and obtain all the benefits to which they were entitled. Ms. Stanton has been honored as a New York Super Lawyer, is the past president of the New York Workers’ Compensation Bar Association, the immediate past president of the Workers’ Injury Law and Advocacy Group, and is an officer in several organizations dedicated to injured workers and their families. She can be reached at 800.692.3717.

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Applicants Whose WTC Claim Was Dismissed As Untimely May Be Entitled To Reopen Claims

Previously, any claims for which the associated Form WTC-12 was received after September 13, 2010 were time-barred. Those workers were not entitled to benefits. These claims will now be reopened and considered timely.

On November 13, 2013, Governor Andrew M. Cuomo signed significant protections for World Trade Center workers into the Workers’ Compensation Law under Article 8-A. The legislation extends and enhances workers’ compensation eligibility and benefits for World Trade Center workers. Most notably, the legislation reopens the World Trade Center Registry; extends the deadline period for filing Form WTC-12, Registration of Participation in World Trade Center Rescue, Recovery and/or Clean-up Operations, with a deadline to September 11, 2014; reopens previously time-barred World Trade Center claims and considers them timely; and adds qualifying conditions to the law.

If your claim was previously dismissed as untimely, contact us immediately to review for a reopening since you may be entitled to benefits.

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New Deadline For September 11th Claims

As we approach another anniversary of September 11, we will mark the day with a true feeling of sadness and tremendous loss, as that was a day that changed us all forever. Some of us lost loved ones, some sacrificed their health, and all of us lost our sense of security. Once again we will see the news coverage of those who perished on that fateful day and see the grim procession of officials, family, and friends of those who were lost as they make their way down to Ground Zero.

We will hear the heartbreaking countdown of the more than 2,000 names of those who died read aloud by their loved ones. We will cry with them as we watch their struggles with grief, and we will recall exactly where we were and what we were doing on that dreadful day. We will have trouble remembering what our lives were like before the Twin Towers fell, when the fear of flying was the fear of a plane malfunction or pilot error.  

We will have trouble remembering what it was like not removing our shoes at the airport or of restrictions on liquids in our carry-on luggage. Now, almost 13 years later, there still are thousands who have been affected by the aftermath of that horrific day. For those who sacrificed their health for the rescue, recovery and clean up of the World Trade Center for the first year through September 12, 2002, first and foremost I want to continue to extend my gratitude for what you did for our city and our country. Your service will not, and should not, ever be forgotten.

But, I also want to encourage you to preserve your right to Workers’ Compensation. If you are an employee or member of an entity that participates in the New York State Workers’ Compensation system, you should file a WTC-12 form whether or not you were injured, and whether you were a worker or volunteer. This applies to those who worked directly at Ground Zero, or at the Fresh Kills Landfill, on the barges and piers, and at the morgues. Unfortunately, there are slow-starting diseases and cancers that have been known to occur as a result of exposure to the toxins and carcinogens in the rubble and in the air.  

As a practitioner in Workers’ Compensation, my office continues to handle new claims regularly for serious medical conditions as a result of harmful exposures. Even if you have no symptoms currently, you still should preserve your future rights. The deadline to file this WTC-12 form is fast approaching – September 11, 2014. While New York State has previously extended the deadline, there is no guarantee that this will happen once again.

Please visit the New York State Workers’ Compensation Board website at www.wcb.ny.gov/WTC12, where you will find a link for the registration form. This form can be filled out on line, but then must be printed out, notarized, and received by the Board by September 11, 2014.  The Workers’ Compensation Board has set up a special hot line for any questions you might have regarding these issues. You can call tollfree, 1-855-WTC-2014. 

You have a right to protect your future as well as the future of your loved ones. If this doesn’t apply to you, I would ask that you please share this information with all those who might qualify so that no one is left worrying about their future.

 

 

Catherine M. Stanton is a senior partner in the law firm of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP. She focuses on the area of Workers’ Compensation, having helped thousands of injured workers navigate a highly complex system and obtain all the benefits to which they were entitled. Ms. Stanton has been honored as a New York Super Lawyer, is the past president of the New York Workers’ Compensation Bar Association, the immediate past president of the Workers’ Injury Law and Advocacy Group, and is an officer in several organizations dedicated to injured workers and their families. She can be reached at 800.692.3717.

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WTC Workers & Volunteers MUST File By Sept. 11, 2014 To Open A New Claim

The World Trade Center Registry, which preserves workers’ compensation rights for those who performed rescue, recovery, and clean-up operations after the World Trade Center attacks will remain open until September 11, 2014.

On November 13, 2013, Governor Andrew M. Cuomo signed significant protections for World Trade Center workers into the Workers’ Compensation Law under Article 8-A. The legislation extends and enhances workers’ compensation eligibility and benefits for World Trade Center workers. Most notably, the legislation reopens the World Trade Center Registry; extends the deadline period for filing Form WTC-12, Registration of Participation in World Trade Center Rescue, Recovery and/or Clean-up Operations, with a deadline to September 11, 2014; reopens previously time-barred World Trade Center claims and considers them timely; and adds qualifying conditions to the law.

You should file a WTC-12 form whether you were injured or not, and whether you were employed or volunteered. This includes duty at Ground Zero, Fresh Kills Landfill, the barges, the piers, and the morgues.  The legislation also expanded the conditions covered to include:

  • 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;
  • 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;
  • Diseases of the gastroesophageal tract, including esophagitis and reflux disease, either acute or chronic, caused by exposure or aggravated by exposure;
  • any combination of such conditions; and
  • New onset diseases that develop in the future or result from exposure in the future, including cancer, COPD, asbestos-related diseases, heavy metal poisoning, musculoskeletal disease and chronic psychological disease.

The link to the form is: http://www.wcb.ny.gov/content/main/forms/wtc-12.pdf

Any worker or volunteer with a WTC claim should contact us immediately to review the case and file appropriate paperwork BEFORE September 11, 2014 or you claim may be dismissed as untimely. 

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When Will the James Zadroga 9/11 Health and Compensation Act Cover Cancer Victims?

first responderA recent New York Times article examined the causes for delays in getting sick 9/11 first responders coverage under the Zadroga bill for cancers caused by their works at Ground Zero. We take pride in representing injured first responders and are advocates for fully compensating those who were injured while sacrificing for others. If you have any questions about the Zadroga bill, or think you may have a Zadroga-related claim, please contact us.

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