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Sept. 11 cleanup workers hail federal court ruling

BY CARL MACGOWAN | carl.macgowan@newsday.com

8:27 PM EDT, March 26, 2008

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Former New York City police officer Glen Klein, of Centereach, Wednesday hailed a federal appeals court decision that may allow him and thousands of others to receive compensation for injuries they blame on their cleanup work at the World Trade Center.

Klein said living through the Sept. 11, 2001, terror attacks was horrifying, and he was angry when his workers' compensation claim was denied three times.

"I felt victimized a second time," Klein said.

About 8,000 trade center cleanup workers sued New York City, the Port Authority and almost two dozen contractors, charging they were made to work in unsafe conditions and demanding compensation. Claiming immunity from litigation, the city and the Port Authority asked federal judges to throw out the lawsuits.

The Second Circuit Court of Appeals Wednesday dismissed the request, giving hope to Klein, 49, who said he developed precancerous polyps and post-traumatic stress disorder from working at the trade center.

"I think it's fantastic," he said of the court decision. "It's been a long time coming, and a lot of people actually need the money and it's going to help pay a lot of medical expenses."

City Corporation Counsel Michael Cardozo said he was "disappointed" with the decision, but said he had not decided whether to appeal.

Cardozo said the city was responding to a "civil crisis" requiring an "extraordinary response," making the city exempt from liability.

The Port Authority had no comment.

Since the terror attacks, 9/11 cleanup workers have complained of respiratory ailments, cancer and other diseases they attribute to dangerous working conditions, including air fouled by toxic particles. Advocates say up to 200 workers have died.

Klein said he knows cleanup workers who lost their homes and cannot afford medication because of their medical bills and lost income.

"There should be no reason we have to go through what we're going through," he said. "We've been through enough."

John Feal, 41, of Nesconset, who injured a foot while working on a demolition crew at the trade center site, called the appeals court decision "a step in the right direction."

"I think they need to start addressing those with illnesses and those who are literally dying," Feal said. He founded the Fealgood Foundation to help 9/11 cleanup workers.

"These people need to be compensated now," he said. "The fact that this is even going through litigation or Court of Appeals is criminal."