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A 2100

Grants public access to employer lactation rooms under certain circumstances

2025 Regular Session Introduced by Harvey Epstein and 1 co-sponsor

Creates a presumption that WTC-related illnesses for certain public safety workers are compensable under NJ workers’ comp, with a two-year claim window.

REFERRED TO LABOR
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Bill Summary · A 2100

Summary — A-2100 (2024/2025 session)

Title: Grants public access to employer lactation rooms under certain circumstances
Note: Despite the title shown, the bill text and committee statement address workers’ compensation for World Trade Center responders; summary below reflects the bill content.

Purpose

A-2100 amends P.L.2019, c.156 (C.34:15‑31.7) to create a statutory presumption that certain World Trade Center (WTC)‑related illnesses, injuries, or deaths of public safety workers are compensable under New Jersey workers’ compensation law. The presumption applies to public safety workers who participated in the 9/11 response and who are treated or monitored through the federal World Trade Center Health Program (WTC Health Program).

Key provisions

  • Presumption of compensability

    • Any illness, injury, or death caused by a WTC‑related condition certified by the Centers for Disease Control and included in the WTC Health Program is presumed compensable under R.S.34:15‑1 et seq., without respect to when the claim is filed.
    • The presumption is rebuttable by a preponderance of the evidence that the exposure is not linked to the claimed condition.

  • Filing window and tolling

    • Claimants must file a workers’ compensation claim with the Division of Workers’ Compensation within two years of the bill’s effective date, or alternatively within two years of the date the claimant knew or should have known (through reasonable diligence) that they sustained a permanent disability causally related to WTC exposure — whichever is later.

  • Interaction with other benefits

    • If a worker previously received benefits from another state workers’ compensation system, or a federal fund/program for 9/11‑related conditions, those amounts will be credited against any award of medical, temporary, or permanency benefits to the employer.
    • If a foreign/state/federal claim is pending and not yet paid, New Jersey awards will be payable only in excess of the other award.
    • Payments must comply with applicable federal collateral‑source reduction or reimbursement rules when federal funds are involved.

  • Protections and administrative duties

    • Claims cannot be rejected on the basis of term of service, age, or number of years since last service as a public safety worker.
    • Employers may require, at employer expense, reasonable testing/evaluation relevant to determining causal linkage; failure to require testing does not negatively affect the presumption.
    • Employers must maintain records identifying public safety personnel deployed to locations with known carcinogens and must provide those workers notice of the records.
    • The Division of Archives and Records Management (Department of State), and county, municipal, regional, and joint public safety entities must notify all active and retired personnel (or next‑of‑kin if deceased) of the presumption and potential rights within three months of the bill’s effective date. They must use due diligence to locate and notify potential beneficiaries.

  • Effective date

    • The act takes effect on the first day of the third month following enactment; the Commissioner may take anticipatory administrative actions in advance.

Who is affected

  • Primary: public safety workers who participated in the 9/11 response and are enrolled in the WTC Health Program (e.g., firefighters, police, EMS, other emergency responders).
  • Secondary: employers (municipalities, counties, state agencies, regional/joint public safety entities) who may face increased workers’ compensation liability and administrative obligations.

Procedural status and sponsors

  • Introduced: January 9, 2024 (Assembly Labor Committee)
  • Reported with committee amendments: September 19, 2024 (Assembly Labor Committee); referred to Assembly Public Safety & Preparedness thereafter
  • Referred to Assembly Labor: January 15, 2025
  • Primary sponsor: Asm. Phara Souffrant Forrest; cosponsor: Asm. Harvey Epstein
  • Companion bill: S-1470 (identical as amended)

Notes

  • The bill limits eligibility to those participating in the federal WTC Health Program.
  • The bill modifies prior language in P.L.2019, c.156 regarding carcinogen exposure presumptions and supplements procedural notice and offset rules for other benefits.

Compiled from official sources — confirm details with the bill’s official record.

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