Understanding 9/11 New York Workers’ Compensation Claims

In addition to federal 9/11 Victim Compensation Fund (VCF) benefits, 9/11 victims may also be entitled to 9/11 New York State Workers’ Compensation Board benefits. However, it is important to note that any workers’ compensation benefits received by a 9/11 victim are a “collateral offset'' to any compensation from the VCF. Therefore, 9/11 victims who pursue both types of benefits may not receive more actual “net” compensation at the end of the day.

Pursuit of New York Workers’ Compensation Board 9/11 benefits (especially by “Section 32 Settlement Agreements”) may also impact a 9/11 victims' rights to free lifetime health benefits from the World Trade Center Health Program. 

Prior to pursuing both 9/11 VCF benefits and New York State Workers’ Compensation benefits at the same time, you should speak to an experienced 9/11 Victim Lawyer to discuss any coordination of benefits

Can You Claim New York State Workers’ Compensation from 9/11?

Individuals who performed rescue, recovery, and clean-up at the WTC and other designated sites after the 9/11 attacks can claim New York State workers’ compensation benefits if they were injured or developed health conditions as a result of the attacks. The NYS Workers Compensation Board governs these claims, providing both financial and medical benefits for work-related deaths, injuries, and illnesses. These benefits are available to both 9/11 paid workers and volunteers and are determined based on the individual's employer or role in the rescue, recovery, and clean-up operations. 

Paid workers and volunteers who participated in the rescue, recovery, and clean-up of the World Trade Center (WTC) should file a Registration of Participation in World Trade Center Rescue, Recovery and/or Clean-Up Operations (Form WTC-12) with the New York State Workers’ Compensation Board. Registering your service preserves your right to future workers’ compensation benefits, should you ever need them, if you become ill due to your service at the World Trade Center and associated areas. Note: You do not have to be presently ill to register.

Who is Eligible for Workers’ Compensation from 9/11?

Determining eligibility for 9/11 worker’s compensation involves the consideration of several criteria, including the nature, location, and timing of the work performed, the extent of the resulting injury or health conditions, and the timeliness of the claim.

Nature of the Work

Eligible service includes a paid worker or a volunteer who performed rescue, recovery or clean up after the 9/11 attacks. Eligible workers had employers that participated in the NYS workers’ compensation system.

Location of the Work

Eligible locations of work include the following: the WTC site, the Fresh Kills Landfill in Staten Island, the New York City (NYC) morgue, the temporary morgues on the piers on the west side of Manhattan, and the barges between the west side of Manhattan and Fresh Kills.

Timing of the Work

Eligible dates of service are September 11, 2001 through September 12, 2002. 

Timeliness of the Claim

Workers must file Form WTC-12 by the September 11, 2026 deadline to register for New York State Workers’ Compensation benefits. A postmark by that date is not sufficient, and email or fax submissions are not accepted. Since 9/11 health-related conditions may not develop for many years, workers and volunteers who participated in WTC rescue and recovery operations remain eligible even if their disability did not immediately follow the attacks.

What is the Difference Between Claiming 9/11 Workers’ Compensation and the 9/11 Victim Compensation Fund?

While both the NYS Workers’ Compensation Board and the 9/11 VCF aim to provide relief to 9/11 workers and victims, they operate distinctly and have varied requirements and benefits. Workers’ compensation primarily addresses work-related injuries and illnesses, ensuring that related medical and rehabilitation costs, alongside compensation for lost wages, are covered. The 9/11 Victim Compensation Fund also compensates “Survivors” who are not “workers”, such as downtown residents and students. The 9/11 VCF, on the other hand, provides compensation for both economic and noneconomic losses due to physical injuries, illnesses, and deaths caused by the attacks and subsequent debris removal efforts. The VCF is available not only to rescue and recovery workers, but also to anyone that lived, worked, or went to school in the area during or after the attacks.

Can I File for Both 9/11 Worker's Compensation and the 9/11 Victim Compensation Fund?

The enactment of the James Zadroga 9/11 Health and Compensation Act and its subsequent reauthorizations, including the Permanent Authorization of the September 11th Victim Compensation Fund Act, have provided support to those directly affected by the attacks. But you might be wondering if filing for one claim might affect your eligibility for the other. The good news is, that it is possible to seek both NYS workers’ compensation benefits and file a claim with the VCF. However, it is crucial to note that any amount received from the workers’ compensation award may be offset against the VCF award. A thorough understanding of the connection between the two compensation sources is vital to ensure maximized compensation without inadvertently losing potential benefits. Again, you should discuss the pros and cons of filing for both benefits with an experienced 9/11 Victim Lawyer.

Get the Compensation You Deserve with an Experienced 9/11 Attorney

Navigating the intricate web of 9/11 compensation calls for a profound understanding and specialized expertise. Equipped with a wealth of knowledge and a deep understanding of the intricacies of both New York State workers’ compensation and VCF claims, a seasoned 9/11 attorney can ensure you get the compensation you deserve. Contact the dedicated 9/11 attorneys at Hansen & Rosasco today for a free consultation.