Provides workers' compensation benefits for certain public safety workers who developed illness or injury as result of responding to September 11, 2001 terrorist attacks.

A1870

ASSEMBLY, No. 1870

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman JAMES J. KENNEDY

District 22 (Somerset and Union)

Assemblywoman YVONNE LOPEZ

District 19 (Middlesex)

Assemblywoman LINDA S. CARTER

District 22 (Somerset and Union)

Co-Sponsored by:

Assemblyman Venezia, Assemblywomen Drulis, Quijano,
Assemblyman Sampson, Assemblywoman Flynn and Assemblyman Scharfenberger

SYNOPSIS

���� Provides workers' compensation benefits for certain
public safety workers who developed illness or injury as result of responding
to September 11, 2001 terrorist attacks.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning workers� compensation benefits for
certain public safety workers and amending P.L.2019, c.156.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

����� 1.�� Section
6 of P.L.2019, c.156 (C.34:15-31.7) is amended to read as follows:

����� 6.��
a.
�
Any injury, illness or death of a public safety worker which may be caused by
exposure to a known carcinogen, cancer-causing radiation or a radioactive
substance, including cancer and damage to reproductive organs, shall be
presumed to be compensable under the provisions of R.S.34:15-1 et seq., if the
worker demonstrates that he was exposed, due to fire, explosion, spill or other
means, to a known carcinogen, cancer-causing radiation or radioactive
substances in the course of the worker's employment as a public safety worker
and demonstrates that the injury, illness or death has manifested during his or
her employment as a public safety worker.� This prima facie presumption may be
rebutted by a preponderance of the evidence that the exposure is not linked to
the injury, illness or death.� The employer of the public safety worker may
require the worker to undergo, at the expense of the employer, reasonable
testing, evaluation and monitoring of health conditions of the worker which is
relevant to determining whether the exposure is linked to the occurrence, but
the presumption of compensability shall not be adversely affected by any
failure of the employer to require such testing, evaluation or monitoring.� The
employer shall maintain records regarding any instance in which any public
safety worker in its employ was deployed to a facility or location where the
presence of one or more substances which are known carcinogens is indicated in
documents provided to local fire or police departments pursuant to the requirements
of section 7 of P.L.1983, c.315 (C.34:5A-7)
, or to local emergency medical
services,
and where fire, explosions, spills or other events occurred which
could result in exposure to those carcinogens.� The records shall include the
identity of each deployed public safety worker and each worker shall be
provided notice of the records.

�����
b.�� (1)�
Notwithstanding any requirement under any other provision of law limiting the
time in which a worker may file a claim for workers� compensation, term of
service, age, or the number of years since last service as a public safety
worker, any illness, injury or death of a public safety worker caused by, or as
a result of, the worker�s participation in response to the September 11, 2001
attack on the World Trade Center shall be presumed to be compensable under the
provisions of R.S.34:15-1 et seq., without respect to when the claim is filed,
if the worker has participated in the World Trade Center Health Program
established by the federal Centers for Disease Control and Prevention.� If a
worker has previously collected benefits under any foreign state or federal
workers� compensation law, or federal fund or program dedicated to paying
medical, temporary, or permanency benefits for conditions causally related to
injury, illness or death related to the September 11, 2001 attacks, the receipt
of those benefits shall be a credit to the employer, against an award of either
medical, temporary or permanency benefits under chapter 15 of Title 34 of the
Revised Statutes.� If a foreign workers� compensation or federal fund claim is
pending and has not yet resulted in the payment of benefits, an award under
this subsection shall only be payable as in excess to the foreign state award.�
If a federal fund claim results in the payment of benefits, then any payment
paid or awarded under this subsection shall comply with the federal rules,
regulations and statutes concerning collateral source reduction or
reimbursement for collateral sources.

�����
(2)�
A public safety worker shall file a claim for benefits, in a form and manner
prescribed by the Commissioner of Labor and Workforce Development, which shall
note on the �what other facts are there that you believe important� portion of
the WC365 form that benefits have been paid by the World Trade Center Health
Program, with the Division of Workers� Compensation in the Department of Labor
and Workforce Development within two years of the effective date of
P.L. , c. (pending before
the Legislature as this bill) or within two years of the date when the claimant
knew or should have known through the exercise of reasonable diligence that the
claimant sustained a permanent disability causally-related to the claimant�s
exposure at the World Trade Center or within the area of exposure recognized by
the World Trade Center Health Program, whichever is later.

�����
(3)�
(a) The department shall provide notice on its internet website, and to all
employers in the State in a form to be provided to employees, of the
presumption established pursuant to this subsection.

�����
�(b)
The Division of Archives and Records Management in the Department of State, as
the custodian of personnel records of all State employees, as well as each
county and municipality, and any regional or joint public safety entity,
whether fire, police, emergency response, or other agency involved in the
public safety, shall notify all active and retired personnel at their last
known address or by email if available, and if deceased, shall notify their
next-of-kin, of the presumption established pursuant to this sub-section and
the potential rights available to a sick or injured worker or the worker�s
dependents pursuant to this subsection, within three months of the effective
date of P.L.�� , c.�� (C.� ) (pending before the Legislature as this bill).�
These respective custodians of personnel records shall employ due diligence in
locating and notifying potential beneficiaries under this subsection should
regular mail or email not result in the delivery of notice.

(cf:
P.L.2019, c.156, s.6)

���� 2.��� This act shall take
effect on the first day of the third month next following enactment, except
that the commissioner shall take any anticipatory administrative action in
advance as shall be necessary for the implementation of this act.

STATEMENT

����� This bill provides that a public safety worker who
participated in the response to the September 11, 2001 attacks and is treated
or monitored through the World Trade Center Health Program established by the
Centers for Disease Control is presumed to be compensable under the State
workers� compensation law without respect to when the worker files his claim
for compensation, except that the claim is required to be filed within two
years after the effective date of the bill, with certain exceptions.� If a worker
has previously collected benefits under any foreign state or federal workers�
compensation law, or federal fund or program dedicated to paying medical,
temporary, or permanency benefits for conditions causally related to injury,
illness or death related to the September 11, 2001 attacks, the receipt of
those benefits will be a credit to the employer, against an award of either
medical, temporary or permanency benefits.� If a foreign workers� compensation
or federal fund claim is pending and has not yet resulted in the payment of
benefits, an award will only be payable as in excess to the foreign state
award.� If a federal fund claim results in the payment of benefits, then any
payment paid or awarded will comply with the federal rules, regulations and statutes
concerning collateral source reduction or reimbursement for collateral
sources.�

����� The bill requires the Division of Archives and
Records Management in the Department of State, and each county, municipality,
regional or joint public safety entity, or other agency involved in the public
safety, to notify all active and retired personnel and next-of-kin, if the
personnel are deceased, of the presumption of compensability within three
months of the effective date of the bill.