This bill amends existing workers' compensation law to provide presumptive benefits for public safety workers who developed illnesses or injuries as a result of their response to the September 11, 2001 terrorist attacks. It establishes that any injury, illness, or death caused by exposure to known carcinogens or cancer-causing substances during their employment will be presumed compensable, provided the worker can demonstrate exposure and that the condition manifested during their employment. Additionally, the bill allows for the employer to require health evaluations at their expense, but the presumption of compensability remains intact regardless of whether such evaluations are conducted.
Furthermore, the bill stipulates that public safety workers who participated in the response to the September 11 attacks and are part of the World Trade Center Health Program are presumed to be eligible for benefits without regard to when they file their claims, as long as the claim is submitted within two years of the bill's effective date. It also includes provisions for notifying active and retired personnel, as well as their next-of-kin, about their rights under this presumption. The bill emphasizes that if a worker is already receiving benefits from other state or federal programs for the same condition, they will not be eligible for these additional benefits.
Statutes affected: Introduced: 34:15-31.7