In the years following the September 11, 2001 terrorist attacks, New York enacted Article 8–A of the Workers’ Compensation Law to provide both employees and volunteers who participated in rescue, recovery, and cleanup operations at the World Trade Center and other designated sites with a mechanism to recover for health conditions caused by exposure to hazardous materials. Among other provisions, the statute allows certain extensions of time for filing claims, recognizing that many illnesses related to these operations might not manifest until years later.

The recent decision in Matter of Garcia v. WTC Volunteer, 2025 N.Y. Slip Op. 06360 (Nov. 20, 2025), clarifies that these extended filing deadlines do not apply to claims for death benefits filed by survivors of volunteers who participated in the recovery efforts.

The case arose after the spouse of a volunteer who had received lifetime benefits for multiple 9/11-related medical conditions filed a claim for death benefits more than two years after her husband’s death. Although the decedent was clearly a “participant” under Article 8–A, the claimant argued that the extended filing deadlines in Workers’ Compensation Law § 168 should apply to her claim as a surviving spouse. The Workers’ Compensation Board (WCB) and the Appellate Division rejected this argument, holding that §168 applies only to claims filed by the participant themselves.

The Court explained that the statutory language repeatedly refers to “a claim by a participant” and “any such participant,” making clear that survivors or dependents cannot benefit from the extended filing period. While the statute was designed to address the latency of illnesses arising from 9/11 recovery work, the rationale for extending filing deadlines—namely, the delayed manifestation of occupational conditions—does not apply with equal force to a survivor’s death claim, which is considered a distinct legal proceeding separate from the participant’s original disability claim.

This decision reaffirms that, even under statutes enacted to provide broad relief for 9/11 responders, timing rules for claims remain strict. Survivors seeking death benefits must file within the two-year period set out in Workers’ Compensation Law §28, and no provision in Article 8–A or §168 allows them to extend that deadline. The ruling underscores the importance of understanding both the eligibility requirements and the filing deadlines in workers’ compensation claims arising from the World Trade Center recovery efforts.

In short, Article 8–A provides essential protections for those who directly participated in rescue, recovery, and cleanup, including volunteers previously excluded from coverage. However, survivors cannot “piggyback” on the participant’s extended filing rights. Timely filing remains a non-negotiable prerequisite for recovery.

Giulia R. Marino, Esq.