New York lawmakers are pushing legislation that would allow National Guard members who responded to Ground Zero after the September 11 attacks to seek workers' compensation benefits for certified 9/11-related illnesses.
The bill, S6832/A5087, would redefine organized militia members as state employees under state military law. That change would allow members of the New York Army National Guard, Air National Guard, naval militia and state guard to file claims for illnesses linked to World Trade Center rescue and recovery work, including cancer and Parkinson's disease.
For claims professionals, the proposal is notable because it addresses a coverage gap created by responder status. New York expanded workers' compensation access for World Trade Center rescue and recovery workers in 2022, but National Guard members serving under state orders were left out. The new bill would give excluded service members a two-year window to refile claims.
The measure also raises practical claims-handling issues, including proof of service, causation, certified illness requirements and the administration of reopened claims tied to events nearly 25 years old. Lawmakers said witness statements could be used to verify service when needed.
