What is Jimmy Nolan’s Law, and how can it impact 9/11 responders who were exposed to asbestos and other harmful elements, and therefore at risk of developing serious health conditions in the future. As you might imagine, many first responders to the World Trade Center (WTC) did not immediately develop symptoms as a result of their exposure to hazardous chemicals and other elements. However, months and even years later, many first responders began to develop symptoms associated with serious health conditions that limit the enjoyment of life and result in substantial economic costs. If these first responders discovered their symptoms long after first being exposed, are there any options to seek compensation?
In addition to the possibilities for compensation from the 9/11 Victim Compensation Fund (VCF) and the World Trade Center (WTC) Health Program, both reauthorized through the Zadroga Act, Jimmy Nolan’s Law promised to provide 9/11 workers with much-needed benefits. However, the law has recently been struck down as unconstitutional under the New York’s state constitution by a federal judge. An appeal is now pending in the Second Circuit.
What else do you need to know about Jimmy Nolan’s Law? And in the meantime, if you have questions or concerns about obtaining compensation from exposure to toxic materials as a result of September 11th, a 9/11 victim compensation lawyer may be able to help. You should speak with one of the dedicated attorneys at the law offices of Napoli Shkolnik PLLC.
Jimmy Nolan’s Law was signed by Governor Paterson in July 2009, according to a press release from The New York State Senate. As the press release explains, the law aimed to extend “the time that 9/11 workers can file compensation claims for injuries suffered from participating in the World Trade Center rescue, recovery or cleanup operations.”
The law arose from the case of Jimmy Nolan, a “second-wave” 9/11 victim who worked as a carpenter in construction at NYU at the time of the attacks. He rushed from his job at NYU down to the World Trade Center site to provide assistance, and he ended up sleeping at the site for three weeks following the attacks. As the press release explains, as a result of exposure to toxic materials during that time period, Jimmy Nolan “now suffers from wood and skin allergies as well as respiratory problems.” In addition, he has to spend about $200 per month on medications for his conditions.
In response to illnesses like Jimmy Nolan’s arising among “second-wave” victims and responders, Jimmy Nolan’s Law (Senate Bill 3325-B/Assembly Bill 7122-C) was created and signed in order to give victims extra time to file a claim. Specifically, the law provides “an additional one-year period for eligible workers to file claims to receive workers’ compensation.” Under prior New York law, employees had only 90 days to file a claim, yet many workers at the 9/11 sites developed symptoms long after that 90-day period had closed.
A recent series of cases arguing against the constitutionality of Jimmy Nolan’s Law, In Re World Trade Center Lower Manhattan Disaster Site Litigation, 21-mc-102, the federal court determined that Jimmy Nolan’s Law violated the New York constitution. The case is now pending in the U.S. Court of Appeals for the Second Circuit.
In the meantime, if you sustained an illness after providing assistance at the 9/11 sites, you may be eligible for compensation and should discuss your case with a 9/11 victim compensation lawyer as soon as possible.
