(ALBANY, NY) Today, Senator Lea Webb, Assemblymember Kwani B. O’Pharrow, colleagues, and advocates held a press conference in support of legislation (S6832/A5087) relating to participation in World Trade Center rescue, recovery, and clean-up. This bill would qualify these New York National Guard members as employees under Article 8-a of the workers’ compensation law, enabling those members of the National Guard who were injured in the line of duty or suffer from certified illness as a result of their efforts on 9/11 to access workers’ compensation.

The bill was inspired by Senator Webb’s constituent, Mr. Patrick Kelley, Veteran of the U.S. Army & the 204th National Guard Engineer Battalion, who spoke about the need to pass this legislation:  

Said Mr. Patrick Kelley, “For 25 years, National Guard members have been the ‘forgotten responders’ of Ground Zero. This bill is about correcting a painful oversight and ensuring that those who answered the call under state orders are no longer left behind. We wore the same uniform of courage and breathed the same toxic air as every other first responder on the pile. Service is service, regardless of a technical classification, and it is time New York recognizes that truth by passing S6832.”

Said Senator Lea Webb, “As we approach the 25th anniversary of 9/11, it is long past time to ensure they receive the benefits they earned for their service. In the days and months following the attacks on the World Trade Center, our nation witnessed incredible acts of courage. We saw first responders, volunteers, and members of the National Guard put their own lives and health on the line to help in rescue, recovery, and cleanup efforts. Many of them worked through smoke, debris, toxic dust, and unimaginable trauma without hesitation or question. Too many of those brave individuals have spent years since 9/11 fighting not only illness, but a system that has failed to fully recognize their sacrifice. This bill corrects that injustice.” 

Said Assemblymember Kwani B. O’Pharrow, “Members of our National Guard answered the call on 9/11 without hesitation, risking their lives and long-term health in service to others. This legislation ensures they receive the recognition and workers’ compensation they have rightfully earned. We owe them more than gratitude; we owe them action!”

Said Senator Jessica Scarcella-Spanton, “As the Chair of the Senate Veterans, Homeland Security and Military Affairs Committee and a co-sponsor on this important legislation, I have placed this bill on our next committee meeting agenda being held on April 28th. The bill will be reported to the Senate floor. I commend my colleague, Senator Webb for introducing this legislation that will grant those members of the National Guard who were injured in the line of duty as a result of their efforts to access worker's compensation.” 

Said Assemblymember Judy Griffin, “I am proud to support this legislation that will correct long-standing discrepancies in access to workers’ compensation. The National Guard members who stepped forward in the aftermath of the World Trade Center attacks risked their lives alongside other responders, yet they have been denied the same protections and support. By closing these gaps in workers’ compensation coverage, we are not only addressing the very real health consequences they continue to face; we are affirming that their dedicated service and sacrifice matter.” 

Said Senator April Baskin, “The brave members of the New York State National Guard who were injured or now suffer from illness after responding to the aftermath of the September 11, 2001 terrorist attacks in New York City deserve access to workers’ compensation benefits. These heroes put their lives on the line, yet for too long they have been denied the same protections afforded to other responders. I’m proud to stand by my colleagues on both sides of the aisle in calling for these heroes to get the benefits they deserve.” 

Said Senator Robert Jackson, “On September 11th, and in the days that followed, members of our National Guard answered a call that did not come with guarantees—only duty, courage, and sacrifice. I am proud to co-sponsor S6832 because service to our state must never mean abandonment by it. If you were there for New York in its hour of grief, New York must be there for you in your hour of need. This legislation is not only about compensation—it is about honoring a covenant, where justice meets memory, and where we refuse to leave any hero behind.”

Said Senator Monica R. Martinez, “When our nation was attacked on September 11, 2001, New York’s National Guard answered the call without hesitation, standing shoulder to shoulder with other first responders at Ground Zero. They faced the same dangers in those darkest hours, and many have since suffered serious illness or lost their lives as a result, yet they have not received the same support. This legislation will finally give them the recognition and care they've earned.”

Said Senator Roxanne J. Persaud, “We have a responsibility to stand by those who stood for us in our darkest hour. Members of the New York State National Guard answered the call in the aftermath of September 11, risking their health and safety in service to others. This legislation helps ensure they are afforded the same protections and support as other responders, closing long-standing gaps and providing the care and compensation they rightfully deserve.”

Said Senator Jessica Ramos, “We said we would never forget, and this is what that means. Never forgetting has to show up in our policies and in how we take care of the people who showed up for us. On September 11th and in the days that followed, members of the New York National Guard stepped into danger without hesitation to help this city recover. Many are still living with the consequences of that service. This legislation makes sure they are not left behind and that they receive the workers’ compensation and support they deserve. In New York, we honor that kind of sacrifice with action.”

Said Senator Steven D. Rhoads, “Those who answered the call to service in the aftermath of 9/11 have faced various long-term effects from both the recovery and cleanup, and that includes our New York National Guard. Now, especially with the 25th anniversary of the attacks approaching we must recognize that, and answer the call here in Albany, passing S6832 immediately.”

Said Senator Jeremy J. Zellner, “Nearly 3,000 lives were lost in the September 11 attacks, a tragedy that reached every corner of this country, including Western New York.We honor those we lost, and we recognize the responders who answered the call, including National Guard members from our region who took part in the rescue, recovery, and cleanup efforts. For some, that service came with lasting consequences. They deserve to be recognized and supported. I thank Senator Lea Webb for her leadership in advancing this legislation and making sure those who served are not left behind.” 

Background:

In 2022, Chapter 559 was enacted to expand access to workers’ compensation 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 workers’ compensation.

###