WeVote
Log In

Bill

Bill

S 1379

Provides workers' compensation benefits for certain public safety workers who developed illness or injury as result of responding to September 11, 2001 terrorist attacks.

2026-2027 Regular Session Introduced by Tony Bucco and 8 co-sponsors

Expands NJ workers’ comp to cover public safety workers with carcinogen-related injuries and adds a broad 9/11 response presumption, with records and benefit coordination.

Referred to Senate Budget and Appropriations Committee
0
WeVote Research Nonpartisan
Bill Summary · S 1379

Summary of Bill S 1379 (Session 222) — New Jersey

Purpose and intent

S 1379 seeks to expand and clarify workers’ compensation protections for public safety workers in New Jersey. The bill:
- Creates a broad presumption that certain illnesses, injuries, or deaths related to exposure to known carcinogens or cancer-causing agents are compensable.
- Specifically adds a specialized presumption for illnesses or injuries arising from participation in response to the September 11, 2001 (WTC) attacks, aligning state law with federal or foreign program experience and ensuring access to benefits for affected workers and their dependents.

Key provisions and changes

1) Carcinogen exposure presumption for public safety workers

  • Amendments to N.J.S.A. 34:15-31.7 (as amended by P.L.2019, c.156) establish a prima facie presumption that an injury, illness, or death caused by exposure to known carcinogens, cancer-causing radiation, or radioactive substances is compensable under workers’ compensation if:
    • The exposure occurred in the line of public safety work (e.g., fire, explosions, spills, or other means); and
    • The resulting injury/illness/death manifested during the worker’s public safety employment.
  • This presumption is rebuttable by a preponderance of the evidence showing the exposure is not linked to the outcome.
  • Employers may require health testing, evaluation, and monitoring related to the exposure, at the employer’s expense; failure to test does not negate the presumption.
  • Employers must maintain records of deployments to facilities/locations where known carcinogens were present and notify affected workers’ identities. Workers must be notified of these records.

2) WTC-related presumption (broader access to benefits)

  • Establishes a general presumption that any illness, injury, or death of a public safety worker due to participation in responding to the September 11, 2001 attacks is compensable under workers’ compensation, regardless of filing timing.
  • This presumption applies if the worker participated in the World Trade Center Health Program (federal CDC program).
  • Credits against benefits: If the worker has already received benefits from foreign or federal programs related to 9/11, those amounts are credited against a NJ workers’ compensation award. If a foreign/federal claim is pending, the NJ award is payable as excess to that award; if a federal fund pays, NJ benefits must comply with collateral-source rules.

2) Claim filing and notice requirements

  • Workers must file benefits claims with the Division of Workers’ Compensation, noting in the WC-365 form that benefits were paid by the World Trade Center Health Program.
  • Filing deadline: two years from the act’s effective date or two years from when the claimant knew—or should have known—of a permanent disability related to WTC exposure, whichever is later.
  • State agencies must provide notice of the presumption:
    • The Department of Labor and Workforce Development (DLWD) must post notice on its website and provide employer notices.
    • The Division of Archives and Records Management must notify all state, county, municipal personnel records holders and relevant public safety entities of the presumption and the availability of rights within three months after enactment.

Affected parties and timeline

  • Affected workers: Public safety workers in fire, police, emergency response, and related agencies who were exposed to carcinogens in the course of duty, including those involved in WTC response.
  • Employers: State and local public safety employers, who must maintain exposure records and provide access to testing where appropriate.
  • Timeline: Act becomes effective on the first day of the third month after enactment. Anticipatory administrative actions are permitted to implement provisions.

Potential impact

  • Strengthened protections and quicker access to workers’ compensation benefits for public safety personnel with carcinogen-related injuries/illnesses.
  • Expanded coverage for 9/11-related conditions, with coordination and crediting of benefits from federal/foreign programs.
  • Increased record-keeping and notification obligations for public safety employers and state custodians of personnel records.

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

Sign in to ask a question.