The New York Times reports that workers' compensation claims from some 290 New York City employees have been filed since the close of the 2-year filing period, which was September 2003. The newspaper quotes city officials who say that, of about 900 claims filed by the city, more than 96 percent were determined eligible for compensation. But in about two-thirds of those, compensation was never paid because the workers did not ultimately lose wages or incur major medical costs.
Many of the filers claim that respiratory, digestive, or psychiatric ailments they've experienced were not apparent until after the deadline. Lawmakers in Albany reportedly are considering extending the deadline for late filers, as numerous claims have come in since it passed. One measure introduced would create a presumption that certain illnesses resulted from the September 11 attacks and aftermath and would eliminate the burden on workers to prove the link. As well, it would waive the 2-year deadline and give workers up to 6 months from the time symptoms are observed to file.
The Times quotes economist and lawyer John F. Burton, who believes the deadline for claims was overly stringent. In a statement encouraging lawmakers to change the deadline, he noted, "New York is unusual in having a statute of limitations that is often very difficult for workers to meet if they have a delay between the date of exposure to a toxic substance and the time they are disabled."