Tag Archives: September 11

Action Needed To Ensure Sick 9/11 First Responders Receive Benefits

Animal Control Officer Diane DiGiacomo

A couple weeks ago, the Workers’ Compensation community was stunned over the outcome of the case of Animal Control Officer Diane DiGiacomo who developed cancer from exposure to toxins in the air after 9/11. Diane’s job was to search for and rescue pets near Ground Zero when many of the buildings surrounding the area were either evacuated or abandoned for weeks after the terrorist attack. 

Diane had filed a Workers’ Compensation claim after being diagnosed with breast cancer that had metastasized to her brain. The judge ruled that she was not entitled to New York State Workers’ Compensation benefits because she had not filed a timely claim. At the time of the ruling, Diane was bedridden and weighed a mere 60 pounds. Tragically, four days after the decision, she died as a result of her cancer. While my firm did not represent her, Diane’s tragic story touched many of us in the industry, whether as advocates for the injured worker or as defense counsel. What makes this case particularly sad is that the judge noted it was clear from the medical evidence that the cancer developed at least in part due to her exposure to the toxins in the air. Unfortunately, Diane was not entitled to Workers’ Compensation benefits because the deadline to register had passed.   

In order to be able to obtain Workers’ Compensation benefits for exposure after the 9/11 attacks, those who participated in the rescue, recovery, and clean up operations had to file a TWC-12 registration form prior to the current deadline of September 11, 2014. You did not have to actually be sick to file this form, but it preserved your rights if you worked in the area to file a claim later if you were found to be sick. It should be noted that the deadline has been extended twice because many of the illnesses such as cancer are slow starting and do not manifest themselves until many years after final exposure to toxins. The New York State Legislature has not extended this deadline again, at least as of this date.  

Officer DiGiacomo did not file her claim until sometime after September 11, 2014, because she was not actually diagnosed with cancer until after this date. According to the New York State Workers’ Compensation Board website, as of September 11, 2011, there were close to 49,000 WTC- 12 forms filed; however, hundreds or even thousands more may have been at the site doing rescue, recovery, and clean up and have not registered precisely because they were not sick as of the deadline or they didn’t know they had 9/11-related medical conditions. Perhaps it was based on their lack of understanding of the law or the opinion of some that they did not want to register because they somehow felt they would be taking benefits away from those who were already ill. Whatever the reason, it is imperative that the deadline once again be extended so that those who are currently ill, or become ill, have the full protection of the law.  

A bill introduced in the New York State Assembly by Assemblyman Peter J. Abbate, Jr., and co-sponsored by Assemblyman Phillip Goldfeder to extend the deadline to September 11, 2017, is still sitting in Committee. While Officer DiGiacomo did not live long enough to see the deadline extended, it is not too late to compensate her son and the rest of her family. Let’s make sure that those who helped get our city back on its feet are not forgotten.

 

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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World Trade Center Registry Reopened and New Protections Accorded to Workers

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.

Reopening of Registry and Extension of Filing Period for Form WTC-12

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

Workers who participated in the rescue, recovery, and clean-up operations of the World Trade Center between September 11, 2001 and September 11, 2002, should promptly register their service participation with the NYS Workers’ Compensation Board (Board). This registration will preserve workers’ rights to future benefits, should they ever be needed. Employed and volunteer workers should file a notarized Form WTC-12 prior to September 11, 2014, whether they were injured or not. Eligible work includes duty at Ground Zero, the Fresh Kills Landfill, duty on the barges and piers, and the morgues. Paid workers and volunteers covered under the New York State workers’ compensation system are eligible. The filing of the registration Form WTC-12 does NOT constitute the filing of a claim. The filing of the sworn statement does, however, extend the time to preserve the workers’ right to file a claim. Instructions are provided on the Form WTC-12 regarding the filing of a claim. Specifically, when the time comes to file a claim, an injured worker or volunteer should submit Form C-3, Employee Claim, for compensation or Form WTCVol-3, World Trade Center Volunteer’s Claim for Compensation, to the Board.

A completed Form WTC-12 can be submitted to any Board office. Completed forms must be received at any Board office by September 11, 2014. A postmark by this date is not sufficient. Workers can obtain Form WTC-12 from any Board office or from the NYS Workers’ Compensation Board website.

These changes are included in Workers’ Compensation Law § 162.

Previously Time-barred World Trade Center Claims

As stated earlier, any Form WTC-12 filings that were received after the previous original September 13, 2010 deadline are now considered timely. (The deadline was stated in Article 8-A as September 11, 2010, a Saturday;, however, the Board accepted filings that arrived on Monday, September 13, 2010, as timely.)

The Board will review its files to locate any World Trade Center claims previously disallowed asuntimely under Workers’ Compensation Law §§ 18 or 28, or from failure to file a timely Form WTC-12. The Board will, under its own initiative, now allow those particular World Trade Center claims and consider them timely. Workers whose Form WTC-12 were previously deemed untimely will be notified that their cases are no longer time-barred and instructed on how to obtain benefits should they become injured or ill. While the Board will be pro-actively checking its own files and providing notice to claimants, claimants should feel free to contact the Board, so that the Board may provide specific information regarding the reconsideration process. All parties will be notified that their cases are being reopened as their cases are brought forward for consideration. While it is not necessary for claimants to file reopen or hearing requests, the Board wishes to make workers aware that this process is now being initiated.

These changes are in Workers’ Compensation Law §§ 165 and 168.

Qualifying Conditions

Article 8-A now contains a new list of qualifying health conditions resulting from hazardous exposure for World Trade Center workers who participated in rescue, recovery, or clean-up operations. The categories are:

  • 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.

These changes are in Workers’ Compensation Law § 161(3).

Outreach

The Board is committed to ensuring all World Trade Center workers receive the benefits and protections they are accorded under the law. To help achieve this, the Board is in the process of expanding our communication and outreach to World Trade Center workers. Our initiatives include:

  • Translating Form WTC-12 into the seven common languages other than English, designated by the Board’s Language Access Plan;
  • Reopening a dedicated phone line for World Trade Center workers, 1-855-WTC-2014 (1-855-982-2014);
  • Adding a dedicated page to the Board website for World Trade Center workers, www.wcb.ny.gov/WTC-12;
  • Using traditional and social media to reach World Trade Center workers;
  • Planning outreach to workers and groups representing World Trade Center workers; and
  • Mailing letters to previous untimely filers.

The Board’s dedicated World Trade Center work groups and hearing parts have functioned continuously since September, 2001

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James Zadroga 9/11 Health and Compensation Act Now Covers Many Types Of Cancer

Today as we reflect on the tragic events which took place 11 years ago, we are relieved to learn of the news that the Federal Government is finally  acknowledging what we, as representatives of many of these injured workers have suspected for many years-  that exposure to the toxins around Ground Zero can cause cancer.  We pray for all those who are sick and have died and for those who will continue to become ill as a result of this horrible attack.

The following article from NBC New York written by Brynn Gingras and Greg Cergol details the new coverage that those suffering from cancer are entitled to receive: 

The federal government will now officially add dozens of cancers to the list of illnesses linked to the Sept. 11 attacks, making those who lived or worked near ground zero and later became sick eligible for financial payments, authorities said Monday.

Fourteen categories of cancers, a total of 50, will be added to the illnesses covered in the James Zadroga 9/11 Health and Compensation Act, the National Institute for Occupational Safety and Health announced.

The Zadroga Act — named after NYPD Detective James Zadroga, who died at 34 after working at ground zero — passed into law two years ago. Despite the hundreds of sick responders, the act did not cover cancer because of a supposed lack of scientific evidence linking cancer to ground zero toxins.

“We have urged from the very beginning that the decision whether or not to include cancer be based on science,” said Mayor Bloomberg in a statement, adding that the decision “will continue to ensure that those who have become ill due to the heinous attacks on 9/11 get the medical care they need and deserve.”

Eighteen-year FDNY veteran Jeff Stroehlein spent several weeks working at ground zero, and is certain the brain cancer he has been fighting for a year is linked to his work there. The father of three welcomes the financial help the federal government will now be offering first responders with cancer, but says it should have arrived much earlier.

“The fact is, the government has turned their back for 11 years now,” he said. “I saw no politicians digging on the pile. If you saw a politician that was sick or on the pile, or their kid was sick or on the pile, this would have been solved months ago.”

Two more scientific studies are expected to be released shortly, which will determine whether more cancers should be added to the list, Senators Charles Schumer and Kirsten Gillibrand said in a statement.

“Today’s announcement is a huge step forward that will provide justice and support to so many who are now suffering from cancer and other illnesses,” they said.

About 400 residents and rescue workers have died from cancer since 9/11, according to the New York Post.

With cancer included in the program more victims are likely to seek compensation, which could cause individual awards to be reduced as officials divide up the $2.77 billion fund.

“They’re going to add cancers, but are they going to add more money to the fund?” Thomas “T.J.” Gilmartin, who suffers from lung disease and sleep apnea, said to the Post. “It’s crazy. Every time, we gotta fight. It’s two years since Obama signed that bill, and nobody’s got 10 cents.”

Stroehlein is now cancer-free and feeling well. But at 48, after being forced to give up a job he loved and facing an uncertain future, he’s focusing on speaking to lawmakers for his lost comrades, many of whom lost their life savings in their fight to survive after 9/11.

He’s also troubled by the uncertainty future first responders may face.

“Do you want to give up your life for a government that turned around and didn’t support you?”

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World Trade Center dust and 9/11 first responders with cancer, time for U.S. Government to stop withholding benefits

9/11 first responders move smoldering debris

Many courageous first responders, who saved lives at Ground Zero, have since been diagnosed with cancer, and yet the U.S. government does not pay for their treatment. This Saturday, September 10, CNN will air Terror In The Dust, an investigation by chief medical correspondent Dr. Sanjay Gupta into the consequences of the deadly dust produced by the World Trade Center’s collapse. Gupta speaks with 9/11 heroes and medical experts about the consequences of the carcinogen-filled dust.

A new study released earlier this week by the New York City Fire Department provides good evidence of a link between 9/11 first responders and cancer. The study showed a 32% greater incidence of cancer among firefighters who worked at Ground Zero than those who did not.

The NIOSH study concluded that the 9/11 debris did contain known carcinogens.

The U.S. government does not pay for cancer treatments of 9/11 first responders. This is because Continue reading →

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