New Jersey's governor, Phil Murphy, has signed A4882 and S716 into law, amending provisions of the state's workers' compensation law for first responders, including those who volunteered for 9/11 rescue, recovery, and clean-up efforts at World Trade Center sites.
In a statement, Governor Murphy said that, “Thousands of courageous volunteers put their lives on the line in order to save those affected by the devastation of 9/11. We will never forget their selfless acts of heroism, just as we will always be grateful for the first responders who put their lives on the line for us every day.”
The governor added that, “[W]e send a clear message to all of our heroes: We have your back. I am proud to sign legislation that will ensure the health benefits and compensation that these incredible men and women deserve.”
Under prior law, first responders and firefighters had the burden of proving causation for their illnesses, which often required a significant expense of time and resources.
The new law reforms New Jersey's workers' compensation law to create a rebuttable presumption of coverage for public safety workers for certain illnesses. For firefighters, those with seven or more years of service who suffer an injury, illness, or death caused by certain types of medical conditions would not be required to demonstrate causation or exposure before receiving medical benefits and financial compensation. Other first responders, including first-aid or rescue squad members, police, corrections officers, nurses, medical technicians, and other medical personnel, also would not be required to demonstrate causation of illnesses, but are required to provide evidence of exposure.
A4882, also known as the “Bill Ricci World Trade Center Rescue, Recovery, and Cleanup Operations Act,” was named after Lieutenant Bill Ricci, a professional firefighter in Clifton, New Jersey, who volunteered to serve at Ground Zero after the terrorist attacks on September 11, 2001. Lieutenant Ricci was ineligible for an accidental disability retirement under previously existing law. However, under the new law, members and retirees who volunteered for 9/11 rescue, recovery, or cleanup operations, such as Lieutenant Ricci, will be eligible to receive accidental disability retirement. This act also creates an exception to the normal five-year filing requirement for 9/11-related operations.
Primary sponsors of A4882 include Assembly members James Kennedy, Jamel Holley, and Andrew Zwicker, and Senators Nicholas Scutari and Joseph Lagana.
S716, also known as the “Thomas P. Canzanella First Century First Responders Protection Act,” was named after Deputy Chief Thomas P. Canzanella, a former Hackensack, New Jersey, firefighter and advocate who served at Ground Zero after 9/11. Deputy Chief Canzanella passed away from a heart attack at the age of 50.
Primary sponsors of S716 include Senators Linda Greenstein, Christopher Bateman, and Joseph Lagana, and Assembly members Anette Quijano, Daniel Benson, and Verlina Reynolds-Jackson.
Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].