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Showing posts sorted by relevance for query federalization. Sort by date Show all posts
Showing posts sorted by relevance for query federalization. Sort by date Show all posts

Tuesday, July 13, 2010

Synchronizing Federal Care for Oil Spill Workers

The need for coordination of Federal benefits for oil spill workers is now becoming a major concern. It is becoming more apparent, by the day, that the State programs are now stretched beyond their limits to respond to the crisis. As The Path To Federalization expands, this debate will expand.

A recent study by the Center for American Progress addresses these concerns.

"Health threats from the oil spill may linger unseen, perhaps for more than a generation. And we will not be fully prepared to address the public health problems that arise in the future unless there is an effective and coordinated handover of responsibilities for protecting public health from the emergency response agencies to agencies with the capability and capacity for long-term monitoring and management. Federal agencies have been pulled in as needed in the gulf spill response, but it’s not clear that the Health and Human Services response has been synchronized from the top to ensure effective delivery and coordination."

"In short, the spill reiterates why we need to better manage the short- and longterm responses required to address the public health threats such disasters pose whether they are manmade or due to natural causes."

Friday, February 1, 2013

Universal Medical and Workers' Compensation: It's Not "If", It's "When" - California

The Affordable Care Act (ACA) is going to definitely change the landscape of medical delivery over the coming future. Medical care afforded by workers' compensation delivery systems will ultimately be merged into a universal national program, despite all the opposition along the way.

My friend, and cycling inspiration, who keeps me trying to think I can enter the Tour de France while under the influence of Starbucks coffee, David DePaolo, points out that the "fusion" may be coming slowly through legislation of unintended consequences in California.
"The concept of universal care, 24 hour care, single stop shop, etc. has been floating for a couple of decades now with very little progress.

"But the passage of the Affordable Care Act, the signing of HB 1 back in February 2009, and other Federal health related laws and regulations including ERISA, have accelerated the fusion of workers' compensation medicine and general health medicine. Outsourcing MPN [Medical Provider Networks] oversight to a health care related agency is just another step towards this outcome.
David, an expert in analyzing what's around the curve, sees the next wave of change coming to workers' compensation. For so many reasons, including the expansion/reimbursement integration of the Medicare program, the writing is on the wall on this one. 

Every time the lobbyists think that have eliminated the imminent threat of Federal intrusion, ie. Enactment of The SMART Act, the reality of which is that the regulations will eat up the statute, and also their lunch. I plan to write more on The SMART Act in the coming weeks. Maybe that wasn't so smart after all for the cottage industries that supported it.

Friday, July 20, 2012

Workers Compensation Pharmaceuticals Targeted For Reform

Ritalin (Photo credit: Wikipedia)
An insurance based research organization, the Workers Compensation Research Institute (WCRI), has published a report concerning newly adopted State regulations limiting the prices paid for doctor-dispensed drugs (repackaging) and comparison costs between prescription medication and similar, less costly, over-the-counter (OTC) drug costs. WCRI also reports on the costs between brand-name drugs and generic prescriptions.

The study examines the results of a change to the California statute that has become a model for many other states. Critics of the regulations express concern that many patients will not get needed medications if they do not get them at the physicians’ offices.

The study, Physician Dispensing in Workers’ Compensation, examines physician dispensing before and after a 2007 change in the California statute that governed the prices paid to physician-dispensers. Prior to the statutory change, physicians typically charged much higher prices than pharmacies for the same medication. For example, for the most common drug, Vicodin®, physicians were paid $0.85 per pill compared to $0.43 for pharmacies—nearly double the price. After the reforms, physicians were paid $0.52 per pill compared to $0.48 for pharmacies. After the law changed, physicians were paid prices for prescription medications that were similar to those paid to pharmacies for the same medication.

This study finds that:

· physician-dispensed drugs became increasingly common in most states that permit physician dispensing;

· prices paid for physician-dispensed drugs were often substantially higher than if the same drugs were dispensed by a retail pharmacy;

· prices paid to dispensing physicians rose rapidly for medications that were commonly dispensed by physicians, while the prices paid to pharmacies for the same drugs changed little or fell.

One of the chief concerns expressed by supporters of physician dispensing (in California and in other states) was that doctors would stop dispensing needed prescriptions when it became less profitable. However, the California post-reform experience shows that physicians continued to dispense prescriptions, even when the prices paid were lower. Before the reforms, 55 percent of all prescriptions were dispensed at physician offices. Three years after the reforms, 53 percent of all prescriptions in California were physician-dispensed so patients had similar access to physician dispensed medications, but at a much lower cost.

Robert Ceniceros, a reporter for Business Insurance, reported, "...But critics contend such price regulations may discourage doctors from dispensing drugs and discourage patients from getting the prescription drugs they need."

The report also examines several other concerns expressed by supporters of physician dispensing. One is that spending on prescription drugs might increase if a California-type reform were adopted. They argue that physicians almost always dispense less expensive generic versions of drugs, while pharmacies dispense both brand names and generics. The study found that for the specific medications commonly dispensed by physicians, generics were almost always dispensed by both physicians and pharmacies. In many states, when generic drugs were dispensed, physician-dispensers were paid much higher prices per pill than pharmacies for the same prescription.

The data used for this study include nearly 5.7 million prescriptions paid under workers’ compensation for approximately 758,000 claims from 23 states over a period from 2007/2008 to 2010/2011. The 23 states in this study represent over two-thirds of the workers’ compensation benefits paid in the United States. These states include Arkansas, Arizona, California, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, and Wisconsin. Several of the states in this study (Arizona, California, Georgia, South Carolina, and Tennessee) recently adopted reforms aimed at reducing the prices of physician-dispensed drugs.

Related Blogs on drugs and workers' compensation
Jul 12, 2012
Prescription drugs have become an increasingly important issue in workers' compensation law. Their use in workers' compensation claims has resulted in both a major direct financial cost to the system, and has had .
Jun 20, 2012
As state workers' compensation reformers continue to be sidetracked with alleged prescription drug pain-killer abuse, the US Congress has entered the fray with proposed Federal legislation. It has been reported today by ...
May 04, 2012
To use the prescription drug abuse issue to attack workers' compensation generally is merely sidetracking the real problem with the medical delivery system which is the global denial of compensability of workers' ...
Mar 30, 2011
Many states, including Wisconsin, hold that if an injury results from intoxication (by alcohol or drugs) benefits are not denied, but reduced (usually by 15%) as an employee safety violation, but intoxication is not evidence of a ...

Nov 18, 2011
The Complex World of Workers' Compensation and Pharmaceutical Benefits. The Workers' Compensation system, designed over a century ago, was intended to provide medical benefits that were to be delivered to injured ...
Sep 14, 2011
The Top 10 Drugs Prescribed For Workers Compensation Claims. A recent study by NCCI Holdings, Inc. reports the top 10 most popular drugs prescribed for workers' compensation claims. OXYCONTIN®; LIDODERM ...
Dec 05, 2011
Workers Compensation on Drugs - Tenn Supreme Court Allows Fatal Case to Proceed. A major complaint of the failure of medicine is that sick people are sent to the pharmacy for pain relief without adequate evaluation ...
Mar 09, 2010
After an onsite review of the plan and its services, CMS determined that the plan's significant deficiencies – not meeting Medicare's requirements to provide enrollees with prescription drugs according to recognized standards ...
Mar 21, 2012
For Medicare beneficiaries stuck in the prescription drug benefit coverage gap known as the "doughnut hole," a 50 percent discount on covered brand name drugs and 14 percent savings on generic drugs. * A requirement ...

Friday, March 18, 2016

NJ Judge Orders Psychotherapy Sessions In Conjunction With Pain Management

A NJ Workers' Compensation Judge Ordered the continuation of medical services to an injured worker who has been struggling for years because of chronic knee pain depression and anxiety despite the objection of the employer who sought to terminate care. The Judge Philip A. Tornetta, Administrative Supervisory  Judge of Compensation, adopted an innovative approach  in attempt to reduce or eliminated prescribed drugs including, "Oxycontin for her knee  pain, Lexapro for depression and Xanax, which helps her sleep."

Monday, July 11, 2011

The Debt Ceiling and Workers Compensation

President Barack Obama talks with members of his staff in the Oval Office following a meeting with the Congressional Leadership, July 7, 2011. Pictured with the President, from left, are: Chief of Staff Bill Daley; Rob Nabors, Assistant to the President for Legislative Affairs; Bruce Reed, Chief of Staff to the Vice President; National Economic Council Director Gene Sperling; Jason Furman, Principal Deputy Director of the National Economic Council; Office of Management and Budget Director Jack Lew; Senior Advisor David Plouffe; and Treasury Secretary Timothy Geithner. (Official White House Photo by Pete Souza)

As The Debt Ceiling Crisis continues to fester in a sluggish economy, the attack on public health programs like Medicare and Workers Compensation remain targets of cuts. Basically the medical delivery system just can't be supported and is imploding bringing down the entire house of cards.

Workers' Compensation, a patchwork of state programs, has a target on its back. The system is a massive Ponzi Scheme that now lacks a base of economic support and can no longer provide delivery of benefits in either the arena of medical or indemnity. It is the promise to Labor that just can't be kept.

Angry critics from cost to coast have targeted the system with a plethora of lame excuses why the system is ailing and why it is too costly to maintain as presently structured. While Industry continues somewhat to the downfall of workers' compensation, it cannot be blamed entirely. The compensation system was build on the foundation of the Industrial Revolution and a massive insurance scheme of the early 1900s that no longer realistically exists. Medical science has been transformed from the ancient French medical practice of the use of leaches, no anesthesia and zero sterilization, to an era of modern medicine with modern modalities, complex diagnostic and treatment and research protocols.  

As the debate unfolds in Washington DC on the debt ceiling, the focus with become more directed upon public entitlement programs and benefits that need to be modernized and revamped to meet the current changes to the economy and health of the nation. One of those targets will ultimately be workers' compensation and this time the politicians should look at it not in the light of negativity but rather for all the positive benefits workers compensation brings the nation.

Sunday, November 14, 2010

USPS May Declare Bankruptcy Citing High Workers Compensation Costs

A small United States Postal Service truck see...
The Washington Post reported Saturday that the US Postal Service (USPS) may declare bankruptcy and cited high combined benefit costs as a major cause for its financial instability.  The quasi-governmental agency is running into problems it claims because of its requirement to to pre-fund $5.4 billion to a retiree health benefit fund and pay $2.5 billion to the federal workers' compensation fund.

The USPS's troubles mirror that difficulties stangulating the nation's network of state workers' systems caused by the inability to fund soaring medical costs enhanced by complications caused by duplicate administrative costs engulfed by a multiplicity of collateral programs. In contested claims injured workers are shifted to other benefit programs to pay for medical costs. Those secondary programs ultimately seek reimbursement from the primary benefit program, workers' compensation coverage, and literally clog up administrative dockets and create greatly enhanced processing costs and monumental delays.

While the USPS will seek assistance from the Republican majority in
US Congress, it is uncertain what financial aid will be forthcoming, or whether Congress will take a deeper look at the nation's workers' compensation entirely. The last time the Republican's dominated Congress proposals were suggested by the former Speaker, Newt Gingrich, to over haul the national system entirely.

The medical component is now in critical condition. It remains uncertain if it will addressed in the next congressional term, or whether it will be the can that is kicked down the road to be dealt with in the future. The growing trend remains, that Federalization of the medical delivery component is the probable  solution to both the USPS's compensation difficulties as well as the the nation's.

For over 3 decades the Law Offices of Jon L. Gelman have been representing injured workers and their families who have suffered work related accident and injuries.

Wednesday, June 15, 2011

Health Reform Coverage for Asbestos Victims Expands

The Federal health reform medical coverage for asbestos victims is expanding in Libby Montana. The announcement was made by Senator Baucus who sponsored the innovated unified Federal healthcare legislation that is a national pilot program for the treatment of occupational illness and diseases.. 

"Libby Care" is an innovated plan under which the Federal government provides medical care to those who were exposed to asbestos fiber in the geographical area of the Libby asbestos mines. The mines were operated by WR Grace. The program is a pilot plan providing for free coverage to asbestos victims and is administered by Medicare. The pilot program may expand the Federal government's future role  in providing  medical coverage for all occupational exposure claims and thus avoid the litigious and burdened workers' compensation medical treatment system.

Montana's senior U.S. Senator Max Baucus today announced additional asbestos-related health services to be included under the health care coverage he secured for Lincoln County asbestos victims in the Affordable Care Act.

"The people of Libby and Lincoln County suffered a horrendous injustice in the name of greed, and we have a responsibility to help them heal however we can. We secured a Public Health Emergency Declaration in Libby to make sure these folks had access to all the tools they needed. Providing Libby victims with the consistent, reliable, health care they are entitled to under the law is the least we can do to help right this outrageous wrong," Baucus said.

Dr. Brad Black, Medical Director of the Center for Asbestos Related Disease in Libby said, "CARD, our patients, and the Libby community greatly appreciates Senator Baucus' work to secure legislation to provide long-term asbestos health benefits and screening. Medicare benefits, the Medicare Pilot Program for Asbestos Related Disease and ongoing asbestos screening are critical services for the affected population of today and tomorrow."

CARD is a community based non-profit organization established in 2000 that is committed to providing asbestos screening and healthcare related to the Libby asbestos exposure.

"While some in Congress are trying to end Medicare as we know it for Montanans, we strengthened it and improved access to better health care for folks in places like Libby," said U.S. Senator Jon Tester. "Today the people of Libby have better access to the health care services they need and deserve. It's a powerful investment in Montana's people."

The Centers for Medicare and Medicaid Services (CMS) said today the agency would begin covering the additional benefits July 1, 2011 under a permanent pilot program Baucus included in the Affordable Care Act to ensure Libby victims received the full range of services needed to treat asbestos diseases. Benefits cover services not already included under Medicare coverage Libby asbestos victims now receive under the law, including:

  • Special home care services;
  • Special medical equipment;
  • Help with travel to get care;
  • Special counseling, for example, help quitting smoking;
  • Nutritional supplements; and
  • Prescription drugs not covered by Medicare drug plans (Participants in the Pilot Program must be in a Medicare drug plan to receive this benefit.)
According to CMS, individuals participating in the Pilot Program will also be able to work with a nurse case manager to coordinate their health benefits and receive individualized care planning.

Today's news is the third step in Baucus' provisions to secure health care coverage for Libby under the Affordable care Act. In Spring 2010, as part of Baucus' provisions, victims of asbestos exposure in Lincoln County began getting care under Medicare. In March of 2011, Baucus announced a grant program to help Lincoln County health care providers screen for asbestos-related diseases. Before the new program announced today, Libby asbestos victims relied on temporary and uncertain grants programs to receive the additional care they needed.

Individuals can call 1-888-469-9464 to enroll in the pilot by phone or visit the beginning June 14.

Earlier this year Baucus was announced as the 2011 Tribute of Hope Award recipient by the Asbestos Disease Awareness Organization (ADAO) for his tireless efforts fighting on behalf of residents of Libby, Lincoln County and Asbestos victims everywhere. In March, the Senate unanimously passed Baucus' resolution to designate the first week of April 2011 as "Asbestos Awareness Week," and call attention to Libby and other victims of asbestos-related disease.

Additional background on Baucus' longstanding efforts to secure declaration of a Public Health Emergency in Libby:

Baucus has been a long-time champion of asbestos awareness in his efforts to declare the mining tragedy in Lincoln County a public health emergency and make sure folks there have access to the clean-up tools and health care they need.

Since news reports first linked widespread deaths and illness to exposure to deadly asbestos fibers at the defunct W.R Grace and Co. mine, Baucus has visited Libby more than 20 times, secured millions for healthcare and cleanup, brought numerous White House cabinet secretaries to the town, helped save the CARD clinic, and has dogged the EPA to keep cleanup efforts moving forward.

The mine near Libby, Montana, was the source of over 70 percent of all vermiculite sold in the U.S. from 1919 to 1990. There was also a deposit of asbestos at that mine, so the vermiculite from Libby was contaminated with asbestos. Vermiculite from Libby was used in the majority of vermiculite insulation in the U.S. and was often sold under the brand name Zonolite.

As far back as 1999, Baucus wrote a letter to then Secretary of Health and Human Services Donna Shalala requesting immediate medical help and assistance to the area. He further lambasted the EPA's decision to not declare a Public Health Emergency, calling it an "outrage." 

In 2008, Baucus released a report detailing a 2002 attempt by the EPA to declare a Public Health Emergency in Libby that was thwarted by the previous Administration's Office of Management and Budget. And on June 17, 2009, due in large part to Baucus' efforts, the EPA declared its first ever public health emergency in Libby, Montana.

After securing the declaration, Baucus fought hard, as a key author of the Affordable Care Act, to make sure the law included a mechanism for residents of Libby and Lincoln County to access the health care they were entitled to as victims of a public health emergency. As a result, Libby residents began receiving coverage under Medicare in Spring 2010.

Friday, September 5, 2014

9/11 Responders Urged To Register For Workers’ Compensation Benefits

Next week marks the anniversary of the 9/11 tragedy. Many workers' who may be entitled to benefits have not yet enrolled. Today's post is shared from

Elected officials and union activists are urging Sept. 11 responders to sign up for New York workers’ compensation benefits.
They say that those who worked around the World Trade Center site should enroll with the state Workers’ Compensation Board.
Next Thursday, the 13th anniversary of the terror attacks, is the deadline to sign up.
The officials said even people who are not sick should register because it preserves their right to get benefits in the future if they do fall ill.
It also is open to workers who live in other states.
Rep. Jerrold Nadler said that “those who have paid such a high price” deserve compensation.
“This does not mean that you are injured or ill now, but it does preserve your ability to file a claim later,” Nadler said.
Nadler was joined at Friday’s City Hall press conference by representatives of several unions, including DC 37 and the Laborers Local 78.
As WCBS 880’s Jim Smith reported, Reverend Bill Minson spent months in and around ground zero working as a chaplain. He’s not sick now, but knows the air was like a ticking time bomb.
“An incubation period for many of these cancers and things can’t be calculated,” he said.
[Click here to see the rest of this post]

Monday, July 13, 2015

CMS Moved the Coordination of Benefits Secure Website (COBSW)

The Centers for Medicare and Medicaid Services has formally moved:

The URL for accessing the Section 111 Coordination of Benefits Secure Website (COBSW) has been changed to:
July 13, 2015 - Updated MMSEA Section 111 NGHP User Guide Version 4.7 - Chapters I-V Now Available

The updated MMSEA Section 111 NGHP User Guide dated July 13, 2015 has been posted to the NGHP User Guide page. Refer to Chapter 1-1 of each chapter for a summary of Version 4.7 updates.

Wednesday, August 8, 2012

Citizen Groups Urgently Request Court to Stop Body Scans by TSA

English: Poster prepared by the Transportation...
English: Poster prepared by the Transportation Security Administration summarizing the operation of the Millimeter Wave (MMW) whole body imaging scanner. (Photo credit: Wikipedia)
Whole Body Imaging (WBI) at US airports by The Transportation Safety Administration (TSA) has raised urgent health concerns over causing increased rates of cancer among airport workers and passengers. Parties have requested the US Court of Appeals for the District of Columbia to address the Court's mandate of one year ago that TSA propose formal rule making authority to address the health issues raised before the continued use of the TSA WBI scanners that are used in US airports.

More articles about scanner and health concerns
Jan 04, 2012
How much radiation is just too much and an additional risk for cancer is the question now posed by scientists concerned about TSA scanners. The scanners emit radiation in one form or another that is where the issues gets ...
Nov 21, 2011
The European Commission has adopted today a proposal for an European Union legal framework on security scanners. This legislation allows airports and Member States that wish to use security scanners for the screening ...
Mar 22, 2011
At a US Senate hearing last week, Senator Susan Collins (R-Maine) revealed that TSA had made reporting errors in the statistics it has compiled in defense of the use of body scanners. "That is completely unacceptable when ...

Sunday, February 12, 2012

Santorum: Selling Health Care the Apple Way

Source: NY Times
As the Republican presidential primary keeps rolling along, it is becoming more apparent that under the Republican platform injured workers are going to get stuck under the wheels of the bus for health care.

In Woodland Park, Colorado, at a campaign stop Rick Sanatorium policy The National Journal reported:

"A young boy asked the former U.S. senator from Pennsylvania what he would do to keep prescription drugs affordable. Another woman in the audience chimed in that she couldn't afford her $900-a-month prescription.

"Santorum compared the costs to buying an iPad. "People have no problem going out and buying an iPad for $900,” he said. “But paying $200 for a drug they have a problem with -- that keeps you alive. Why? Because you've been conditioned in thinking health care is something you should get and not have to pay for."

This conservative dogma ironically conflicts with the social, economic and moral philosophy of the majority of Americans. It is one thing to reduce benefits due to austerity measures, it is quite another thing to just eliminate them outright because of a conservative doctrine. 

The path toward federalization will not be an easy one. There will be those who argue for elimination based on ideology, religion and cost. Workers' Compensation programs initially were met with such challenges, and those issues were surmounted. 

Comparing the purchase of life-saving drugs to the purchase of an iPad, is just wrong.  Those living in abject poverty don't buy iPads monthly. They need their prescription drugs to live. The companies that exposed workers to toxins, and then deny them workers' compensation benefits when they become ill, should not then pull the medical safety-net from under them. It is immoral to deny poverty-stricken ill workers medical care.

Selling the "option" of health and safety to American workers goes against the basic tenants of the century old system of workers' compensation. Healthcare, including, infections and diseases, impact all Americans. Much more creatively needs to be expressed rather just proposing cost shifting to those who obviously can't pay the cost.

See The New York Times report: Even Critics of Safety Net Increasingly Depend on It
"Dozens of benefits programs provided an average of $6,583 for each man, woman and child in the county in 2009, a 69 percent increase from 2000 after adjusting for inflation. In Chicago, and across the nation, the government now provides almost $1 in benefits for every $4 in other income."

Monday, May 26, 2014

I.R.S. Bars Employers From Dumping Workers Into Health Exchanges

The IRS moves to protect workers' under the ACA. Today's post was shared by Steven Greenhouse and comes from

WASHINGTON — Many employers had thought they could shift health costs to the government by sending their employees to a health insurance exchange with a tax-free contribution of cash to help pay premiums, but the Obama administration has squelched the idea in a new ruling. Such arrangements do not satisfy the health care law, the administration said, and employers may be subject to a tax penalty of $100 a day — or $36,500 a year — for each employee who goes into the individual marketplace.
The ruling this month, by the Internal Revenue Service, blocks any wholesale move by employers to dump employees into the exchanges.
Under a central provision of the health care law, larger employers are required to offer health coverage to full-time workers, or else the employers may be subject to penalties.
Many employers — some that now offer coverage and some that do not — had concluded that it would be cheaper to provide each employee with a lump sum of money to buy insurance on an exchange, instead of providing coverage directly.
But the Obama administration raised objections, contained in an authoritative question-and-answer document released by the Internal Revenue Service, in consultation with other agencies.
The health law, known as the Affordable Care Act, builds on the current system of employer-based health insurance. The administration, like many in Congress, wants employers to continue to provide coverage to workers and their families.
[Click here to see the rest of this post]

Sunday, January 23, 2011

Benefits Available Under the Zadroga 9/11 Victim Compensation Fund

On January 2, 2010, President Barack Obama signed the James Zadroga 9/11 Health and Compensation Act establishing the World Trade Health Program and extends and expands eligibility for compensation under the September 11th Victim Compensation Fund of 2001.

The President remarked, "I was honored to sign the James Zadroga 9/11 Health and Compensation Act to ensure that rescue and recovery workers, residents, students, and others suffering from health consequences related to the World Trade Center disaster have access to the medical monitoring and treatment they need. We will never forget the selfless courage demonstrated by the firefighters, police officers, and first responders who risked their lives to save others. I believe this is a critical step for those who continue to bear the physical scars of those attacks."

Those who were exposed to the toxic dust and fumes of the World Trade Center disaster continue to suffer from latent and progressive medical conditions. The New England Journal of Medicine has reported that a substantial population that was exposed to the toxic residuals of the event are suffering from sever medical conditions. Positive pathological findings reflect the existence of aluminum and magnesium silicates, chrysotile asbestos, calcium phosphate, calcium sulfate, glass, and carbon nanotubes (CNT) were found in specimens of exposed individuals.

Eligibility for benefits under the James Zadroga 9/11 Health and Compensation Act include those who were World Trade Center victims and First Responders. Under the law those who worked, attended school, childcare and adult day care, may be eligible. The program also covers some who were present in the area of the dust cloud or who lived in the the New York City disaster area. Certain cleanup and maintenance workers are included including tele-communications workers such as Verizon, AT&T and other employees.

Like the September 11th Victim Compensation Act of 2001, even if the exposed individuals are living in another state, but were exposed at the NY Disaster Area, the ill individuals may apply for benefits. 

It is probable that cancers resulting from the exposures will be covered under the legislation. Historically, occupational and environmental exposures to carcinogens, such as asbestos, may take many years to progress and manifest into conditions as asbestosis, mesothelioma and lung cancer.

Additionally, various respiratory and digestive diseases are being reported including:
1. Interstitial lung diseases.
2. Chronic respiratory disorder--fumes/vapors.
3. Asthma.
4. Reactive airways dysfunction syndrome (RADS).
5. WTC-exacerbated chronic obstructive pulmonary disease (COPD).
6. Chronic cough syndrome.
7. Upper airway hyperreactivity.
8. Chronic rhinosinusitis.
9. Chronic nasopharyngitis.
10. Chronic laryngitis.
11. Gastroesophageal reflux disorder (GERD).

For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900 have been representing injured workers and their families who have suffered asbestos related disease. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.