On Sep. 11, 2001, with the collapse of the Twin Towers, Lower Manhattan and many areas of Brooklyn were covered for months with toxic airborne debris. Yet, in the shadow of the monumental tragedy that 9/11 represents for all Americans, there is an often-overlooked truth: Many of the civilians and workers near the disaster area had direct contact with hazardous toxins and are now among the most vulnerable groups to suffer from diseases associated with toxic exposure.
The New York State Legislature's recent passage of the 9/11 Notice Act offers a beacon of hope to these individuals, particularly for the affected communities in Brooklyn.
An unseen public health crisis
The collapse of the Twin Towers released clouds of toxic dust containing a cocktail of harmful substances including asbestos, lead, silica and polycyclic aromatic hydrocarbons. Overall, a comprehensive list of over 350 toxic chemical hazards was developed through on-site research by the Centers for Disease Control and Prevention. Most of these toxins were released for months from small fires constantly erupting and emitting carcinogenic fumes from the debris and wreckage of the collapsed buildings.
While first responders received widespread recognition, with 80% of those exposed being registered in assistance programs, nearly 400,000 civilians and workers, including many from Brooklyn, were exposed to these same toxins. Yet, only a fraction of these sought help through the Victim Compensation Fund or the World Trade Center Health Program.
Many people from Brooklyn’s workforce were caught in the chaos of recovery efforts. From Sep. 11, 2001, through July 31, 2002, these workers carried out vital tasks in environments contaminated with airborne toxins. Current and past evidence shows that this exposure resulted in an alarmingly high prevalence of respiratory diseases, cancers, and other chronic health issues. For this reason, the 9/11 Notice Act seeks to address this imbalance by requiring employers operating during this period to notify employees of their eligibility for health programs and compensation.
A legislative turning point
The 9/11 Notice Act, passed with unanimous votes, mandates businesses and institutions in affected areas to inform current and former employees of their rights to seek medical care and financial support. This is particularly relevant for many worker categories in Brooklyn, including office workers and construction workers, who were exposed during the incident, but still remain unaware of available resources.
An important point here is that currently available programs for supporting victims of toxic exposure related to 9/11 provide not only comprehensive medical monitoring and treatment for qualifying conditions but also offer financial relief for individuals and families burdened by healthcare costs.
Persistent gaps in awareness
This mandate does not come without a cause. After 9/11, several documents emerged attesting to how business and local authorities downplayed the actual effects of toxic exposure from the tragedy and informed employees that air quality was safe, albeit evidence from the Occupational Health and Safety Administration was lacking.
At present, this downplay effect may still be in full manifestation as only a small portion of the civilian population applied for compensation. For example, from 2011 to 2023, the VCF granted $12.8 billion to approximately 56,600 civilians who were affected by 9/11 toxic exposure. This is a significantly small number, given that the estimated number of civilian victims of toxic exposure from 9/11 is estimated at several hundred thousand.
Despite the programs’ existence, awareness remains a pressing issue. While extensive outreach efforts have been made for first responders, civilians and non-emergency workers face significant gaps in information. Many Brooklyn residents and workers thus remain unaware that their proximity to Ground Zero in 2001, or their work in the recovery zone during this time, places them at risk for long-term health issues.
A new chapter in the legacy of 9/11
Over two decades after the 9/11 attacks, the new bill for compensation comes as a much-needed resolution for the forgotten victims of toxic exposure. Mandating businesses to inform past and current employees of their right to compensation could thus, at least in theory, improve knowledge and awareness of the after-effects and compensation for people at Ground Zero.
Nevertheless, the bill does not explicitly outline punitive measures for businesses that fail to inform their former or current employees about the availability of compensation programs for 9/11 toxic exposure. However, in such cases, businesses may still be vulnerable to litigation, as the law now establishes a clear duty for employers to notify affected employees.
Failure to meet this obligation could be interpreted as negligence, leaving businesses open to lawsuits from employees who suffer harm due to a lack of awareness about their eligibility for compensation programs. Moreover, such non-compliance might be viewed as a breach of trust, particularly in communities like Brooklyn, where many workers and residents continue to face long-term health impacts from 9/11 toxins.
Jonathan Sharp is the chief financial officer of Environmental Litigation Group Law, in charge of financial operations and client relations.
