New York Consolidated Laws
N.Y. Workers' Compensation Law § 168 (2026)
Additional period for filing certain claims
✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 168. Additional period for filing certain claims. 1. A claim by a participant in the World Trade Center rescue, recovery or cleanup operations whose disablement occurred between September eleventh, two thousand three, and September eleventh, two thousand eight, shall not be disallowed as barred by section eighteen or section twenty-eight of this chapter if such claim is filed on or before September eleven, two thousand ten. Any such claim by a participant in the World Trade Center rescue, recovery or cleanup operations whose disablement occurred between September eleventh, two thousand three, and September eleventh, two thousand eight, and was disallowed by section eighteen or twenty-eight of this chapter shall be reconsidered by the board. 2. A claim by a participant in the World Trade Center rescue, recovery or cleanup operations whose disablement occurred between September twelfth, two thousand eight, and September eleventh, two thousand twelve, shall not be disallowed as barred by section eighteen or section twenty-eight of this chapter if such claim is filed on or before September eleventh, two thousand fourteen. Any such claim by a participant in the World Trade Center rescue, recovery or cleanup operations whose disablement occurred between September eleventh, two thousand eight, and September eleventh, two thousand twelve, and was disallowed by section eighteen or twenty-eight of this chapter shall be reconsidered by the board. 3. A claim by a participant in the World Trade Center rescue, recovery or cleanup operations whose disablement occurred between September eleventh, two thousand twelve, and September eleventh, two thousand fifteen, shall not be disallowed as barred by section eighteen or section twenty-eight of this chapter if such claim is filed on or before September eleventh, two thousand eighteen. Any such claim by a participant in the World Trade Center rescue, recovery or cleanup operations whose disablement occurred between September eleventh, two thousand twelve, and September eleventh, two thousand fifteen, and was disallowed by section eighteen or twenty-eight of this chapter shall be reconsidered by the board. 4. A claim by a participant in the World Trade Center rescue, recovery or cleanup operations whose disablement occurred between September eleventh, two thousand fifteen, and September eleventh, two thousand seventeen, shall not be disallowed as barred by section eighteen or section twenty-eight of this chapter if such claim is filed on or before September eleventh, two thousand twenty-two. Any such claim by a participant in the World Trade Center rescue, recovery or cleanup operations whose disablement occurred between September eleventh, two thousand fifteen, and September eleventh, two thousand seventeen, and was disallowed by section eighteen or twenty-eight of this chapter shall be reconsidered by the board. 5. A claim by a participant in the World Trade Center rescue, recovery or cleanup operations whose disablement occurred between September eleventh, two thousand seventeen, and September eleventh, two thousand twenty-one, shall not be disallowed as barred by section eighteen or section twenty-eight of this chapter if such claim is filed on or before September eleventh, two thousand twenty-six. Any such claim by a participant in the World Trade Center rescue, recovery or cleanup operations whose disablement occurred between September eleventh, two thousand seventeen, and September eleventh, two thousand twenty-one, and was disallowed by section eighteen or twenty-eight of this chapter shall be reconsidered by the board.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 2019–2025 · leading case: Matter of Garcia v. WTC Volunteer, 211 A.D.3d 1264 (N.Y. App. Div. 3d Dep't 2022).
Matter of Garcia v. WTC Volunteer, 211 A.D.3d 1264 (N.Y. App. Div. 3d Dep't 2022). “Workers' Compensation Law § 168 carves out that exception, providing that "[a] claim by a participant in the World Trade Center rescue, recovery or cleanup operations whose disablement occurred" within certain time frames will not be disallowed if filed by a set date, even…”
Matter of Garcia v. WTC Volunteer, 277 N.E.3d 624 (N.Y. 2025). “While the statute provides benefits to both employees and volunteers and has ensured that many who served in those vital response efforts received financial compensation, we hold today that the relevant statutory provision that provides an extension of time for the filing of…”
Matter of Chrostowski v. Pinnacle Envtl. Corp., 2019 NY Slip Op 1285 (N.Y. App. Div. 3d Dep't 2019). “, 124 AD3d 994 , 995 [2015]; see also Martin Minkowitz, Practice Commentaries, McKinney's Cons Laws of NY, Book 64, Workers' Compensation Law § 161 at 71). Significantly, a claimant who has contracted a "qualifying condition," as defined in Workers' Compensation Law § 161 (3),…”
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