On January 5, 2006 former New York City Police Officer James Zadroga died of respiratory disease. Officer Zadroga performed rescue and recovery work at the World Trade Center during the month following the September 11 tragedy. Shortly afterwards he developed a chronic cough, shortness of breath and acid reflux. Over time he had increased difficulty breathing and lost significant weight. During the four and one half years between his exposure and eventual death Officer Zadroga sought recognition from the government that his condition was related to his September 11 exposure. He also sought assistance in meeting his medical and financial obligations. The government denied these requests.

Under New Jersey Workers Compensation Law the type of exposure Officer Zadroga sustained would be compensable. His employer would be responsible for providing medical treatment, pay for time out of work and a final payment of permanent disability benefits. In the case of his death, the employer would also be responsible for providing Officer Zadroga