Albany lawmakers are moving on a long‑simmering fix that could finally let New York National Guard members who were ordered into state service at Ground Zero after Sept. 11, 2001 file for workers’ compensation tied to certified 9/11 illnesses. Backers say the proposal would close a long‑criticized gap that left troops on state active duty outside the same presumptions that many civilian rescue and recovery workers already receive.
What The Bill Would Change
The measure, S6832 in the Senate and A5087 in the Assembly, would amend both Military Law and the workers’ compensation law so that organized‑militia members ordered into active state service for World Trade Center rescue, recovery or cleanup are treated as employees for the purposes of filing claims. In the bill’s own language, it would “shall qualify such member of the organized militia as an employee under article eight‑A of the workers' compensation law,” which would let those troops tap the World Trade Center presumptions when they apply for benefits.
According to the New York State Senate, the organized‑militia language covers the New York Army National Guard, the New York Air National Guard, the New York Naval Militia and the New York Guard.
Where It Stands In Albany
Legislative records show the Senate overwhelmingly approved the measure in a prior session, but it failed to become law last year after stalling in the Assembly. FastDemocracy logs a unanimous Senate floor vote in June 2025 and notes the bill was reported and committed to the Senate Finance Committee in late April 2026, while the Assembly companion remains parked in the Assembly Labor Committee.
Who Would Benefit And How
Supporters say the bill would finally let Guard members and other organized‑militia troops who were previously excluded file new claims or revive ones that were blocked. The text spells out a two‑year refiling window tied to the law’s effective date.
The Assembly companion, A5087, is carried by Assemblymember Kwani O'Pharrow and mirrors the Senate language. It also lets the Division of Military and Naval Affairs accept alternative proof of service, including third‑party verification or witness statements, to qualify someone’s World Trade Center service for a claim. Advocates say that line was written with veterans in mind who lack formal deployment paperwork but did the work anyway.
Supporters Press The Case
Lawmakers and veterans rallied in Albany this week to push for passage, arguing that a 2022 expansion that helped many rescue and recovery workers left National Guard members on the sidelines. As reported by News10 ABC, Sen. Brian Kavanagh labeled the Guard’s exclusion “unacceptable,” while Sen. Monica Martinez called the bill a chance to correct an “injustice.”
The News10 reporting also highlights veterans such as Patrick Kelley, a former member of the 204th Engineer Battalion who worked at the Twin Towers site, using his story to underline why supporters argue the fix is long overdue.
How Many People Could Be Affected
Estimates vary for how many Guard and militia members served at Ground Zero. Spectrum News reports that roughly 12,000 New York Guard, Naval Militia and National Guard members responded between Sept. 11, 2001 and Sept. 11, 2002, while advocates cited in the News10 coverage point to a higher tally.
The state Division of Military and Naval Affairs maintains a World Trade Center benefits page that offers registration and filing guidance for former service members and notes deadlines for pensions and other benefits tied to World Trade Center service.
What Happens Next
With the bill moving through committees, advocates are pressing for firm dates on floor votes and a governor’s signature that would put the changes into effect. Legislative trackers show the measure reported to Senate Finance in late April, while it is still listed in Assembly Labor. If both chambers pass it and the governor signs off, the bill’s language says it would take effect immediately and open the two‑year refiling window supporters describe.
Backers argue that would finally give thousands of former guardsmen and their families a clearer, less tangled path to long‑sought benefits.
Legal Note
The proposal reshapes how the Workers’ Compensation Law treats organized‑militia members for World Trade Center claims by creating a statutory presumption and a limited refiling period. That would change how the Workers’ Compensation Board evaluates eligibility for certified World Trade Center conditions and could expose the state to a wave of newly filed claims. Claimants would still need medical certification of qualifying conditions under existing state rules.
