BILL NUMBER: S6832
SPONSOR: WEBB
 
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

Statutes affected:
S6832: 6 military law