Relates to participation in World Trade Center rescue, recovery and cleanup operations by members of the organized militia; provides that members of the organized militia shall qualify as employees for the purposes of making a claim under the workers' compensation law for participation in the World Trade Center rescue, recovery and cleanup operations.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5087
SPONSOR: O'Pharrow TITLE OF BILL:
An act to amend the military law and the workers' compensation law, in
relation to participation in World Trade Center rescue, recovery and
cleanup operations by members of the organized militia
PURPOSE:
Relates to participation in World Trade Center rescue, recovery and
clean-up operations by the national guard
SUMMARY OF PROVISIONS:
Section one adds a new subdivision 1-a to section 6 of military law to
set forth that any order into active service of members of New York's
organized militia who served as part of the World Trade Center rescue,
recovery and clean-up operations will qualify the member as an employee
under article eight-a of the workers' compensation law. Organized mili-
tia is defined as members of the New York Army National Guard, New York
Air National Guard, New York Naval Militia and the New York Guard.
Section two of the bill amends section 161 of the workers' compensation
law to include members of the organized militia who were a part of the
world trade center rescue, recovery and clean-up efforts to be consid-
ered a state employee.
Section three of the bill amends section 169 of the workers' compen-
sation law to authorize these claimants who were previously prohibited
from filing a claim to refile.
JUSTIFICATION:
In 2022, Chapter 559 was enacted to expand access to workers' compen-
sation for those that served during the World Trade Center rescue and
recovery in the wake of September 11, 2001. The measure allows for
presumptive evidence to be accepted from workers who contracted an
illness or died of a certified illness related to their time serving
during and in the aftermath of the attack on the World Trade Center.
Unfortunately, brave members of the New York State National Guard who
were on state active duty to participate in the World Trade Center
rescue, recovery and clean-up operations and who were injured in the
line of duty were prevented from accessing workers' compensation made
available by this law. This legislation will enable those members of the
National Guard that were injured in the line of duty or suffer from
certified illness as a result of their efforts to access worker's
compensation.
LEGISLATIVE HISTORY:
2023 - 2024 Passed Senate
STATE OF NEW YORK
________________________________________________________________________
5087
2025-2026 Regular Sessions
IN ASSEMBLY
February 12, 2025
___________
Introduced by M. of A. O'PHARROW -- read once and referred to the
Committee on Labor
AN ACT to amend the military law and the workers' compensation law, in
relation to participation in World Trade Center rescue, recovery and
cleanup operations by members of the organized militia
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 6 of the military law is amended by adding a new
2 subdivision 1-a to read as follows:
3 1-a. Notwithstanding any other law, regulation or rule to the contra-
4 ry, an order into active service of the organized militia as part of the
5 World Trade Center rescue, recovery and cleanup operations shall qualify
6 such member of the organized militia as an employee under article
7 eight-A of the workers' compensation law. For the purposes of this
8 subdivision, "organized militia" shall mean members of the New York army
9 national guard, the New York air national guard, the New York naval
10 militia, and the New York guard. Alternative proof of an order into
11 active service of the organized militia as part of the World Trade
12 Center rescue, recovery, and cleanup operations, as determined by the
13 division of military and naval affairs, including third-party
14 verification and witness presence statements as included in the federal
15 James Zadroga 9/11 Health and Compensation Act of 2010, as amended,
16 shall qualify such member of the organized militia as an employee under
17 article eight-A of the workers' compensation law.
18 § 2. The opening paragraph of subdivision 1 of section 161 of the
19 workers' compensation law, as added by chapter 446 of the laws of 2006,
20 is amended to read as follows:
21 "Participant in World Trade Center rescue, recovery, or cleanup oper-
22 ations" means any (a) employee, including members of the organized mili-
23 tia as provided in subdivision one-a of section six of the military law,
24 who within the course of employment, or (b) volunteer upon presentation
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06849-01-5
A. 5087 2
1 to the board of evidence satisfactory to the board that [he or she]
2 they:
3 § 3. Section 169 of the workers' compensation law is amended by adding
4 a new subdivision 3 to read as follows:
5 3. Notwithstanding section eighteen or twenty-eight or any other
6 provision of this chapter, any claimant who was a member of the organ-
7 ized militia who was previously prohibited from filing a claim under
8 this article may refile such claim or claims within two years of the
9 effective date of this subdivision. The board shall accept proof of a
10 member of the organized militia's service as determined by the division
11 of military and naval affairs pursuant to section six of the military
12 law.
13 § 4. This act shall take effect immediately.
