9/11 Victim Compensation

How do I get compensation funds from the VCF? Do I need a lawyer or an attorney for this?

No you do not need a lawyer to do this process you could do it uh entirely on your own however, I would recommend having an attorney to help you. Having experience with the process, knowing what documents are required and how to file them can streamline the entire process for you.

Having a lawyer will help with a lot of the stress that’s involved in handling this claim yourself. So once you actually establish that you do have a certified condition and you were in fact present in the relevant location during the relevant time frame you are eligible for a pay out of a specific award from the VCF.

The Devastating Origins of the Zadroga Act

Although we represent plaintiffs nationwide in many different personal injury matters, our home is in New York, where the specter of 9/11 lingers to this day. We will never forget the sacrifices so many made that day and in the days that followed.

As a nation, we mourned with our neighbors and friends in New York, Washington, D.C., and Pennsylvania in 2001. We kept mournful watch as day after day, rescue workers removed bodies from the hallowed grave we called Ground Zero. We wondered how life would go on and expressed disbelief at how these majestic buildings could be reduced to rubble within seconds and blanket lower Manhattan with soot, ash, pulverized construction materials, and cancer-causing agents. We marveled at the unselfish bravery of all of the first responders who flooded the enormous crime scenes in New York, Washington, D.C., and Shanksville, PA, to rescue the trapped and recover the lost. The World Trade Center debris removal was eventually successful with the assistance of many construction workers, electricians, masons, and laborers.

We remember that about 3,000 souls were lost on Sept. 11, 2001, but our lives go on. But for many first responders, professionals from the Office of the Chief Medical Examiner of New York, construction workers, general laborers, and volunteers and their families, the pain caused by the 9/11 attacks lives on.

Thousands of people have fallen ill or died from diseases caused by inhalation or ingestion of the toxins and contaminants in the cloud of dust that spread over lower Manhattan and into Brooklyn when the Twin Towers fell. No one, not even those murderous thugs who hijacked our planes, could contemplate the significant health crisis that the fallout from the collapsing towers and the subsequent cleanup would create.

Scores of people complained of a persistent cough, which would become known as “World Trade Center cough.” More and more doctors began to realize that their patients who had persistent coughs and other respiratory complications were at or near Ground Zero on Sept. 11, 2001, or within the following days and months until the World Trade Center debris removal was officially over. Among those who toiled at or near Ground Zero, many began developing various forms of cancer, asbestosis, and mesothelioma.

9/11 Victims’ Compensation Fund

In 2001, Congress created the first 9/11 victims’ compensation fund. This version of the fund ran out within a couple of years. Fortunately, lawmakers from New York recognized that a significant health problem was brewing. The state of New York enacted a bill to create a program to assist people who were getting sick from diseases that researchers linked to exposure to contaminants released into the air when the towers collapsed. In 2010, the Congress extended a helping hand by passing the James Zadroga Health and Compensation Act of 2010. This law, which is known as the Zadroga Act, gave hope to individuals who were struggling with health issues. Not only did the Zadroga Act provide health-care coverage, but it also allowed victims to apply for financial compensation.

In order to provide compensation for the 9/11 victims who fell ill, Congress appropriated federal funding, which was (and still is) badly needed. The health care provided to victims under the Zadroga Act by the World Trade Center Health Program relieves some of the financial burdens of becoming sick due to 9/11 fallout but not all of them. The financial burden those sickened by 9/11 exposure felt was not limited to health-care costs: People had to stop working because they were too sick to continue, and families struggled as people lost out on paychecks on which they could once count.

The victim compensation fund (VCF) provided some relief from the financial burden unjustly foisted on people who responded to help, worked in the area or lived in the area. The funds helped sick people and their families stave off desperation. However, their well-being was threatened due to the expiration of the initial Zadroga Act at the end of 2015.

In December 2015, President Barack Obama signed the James Zadroga 9/11 Health and Compensation Reauthorization Act. The Zadroga Reauthorization Act was a vital component of a more extensive fiscal spending package. The Zadroga Reauthorization Act extended the time allowed for affected people to apply for benefits. Furthermore, the bill increased the VCF to $7.372 billion from $2.775 billion.

This legislative action did a lot of good for a lot of people. By the time the first Zadroga Act was about to expire, doctors, scientists, and researchers learned that some of the diseases sickening so many people had a long latency or incubation period. For example, asbestosis and mesothelioma have a latency period that can last a decade or more, even up to 40 or 50 years. Therefore, closing the VCF after five years made no sense because of the potential that hundreds or even thousands more victims could come forward long after the construction workers removed the last piece of steel from Ground Zero in 2002.

In a typical personal injury case, the injured party would file a claim seeking financial damages against the person or entity that they claim injured them. The terrorist attacks of Sept. 11, 2001, were anything but a typical personal injury case. Many lawsuits emerged from these events, but not every person injured was able to join those suits. That is why the U.S. government stepped in and created the VCF. The government set aside funds so that claimants could receive compensation for their injuries. Without it, numerous people would have been without a remedy, and they would face uncertain and insurmountable circumstances, perhaps even financial ruin, alone.

Eligibility Requirements for the 9/11 Victims’ Compensation Fund

To be eligible for compensation from the VCF, you must meet a few requirements, including:

• Filing a claim before the deadline passes
• Obtaining certification from the World Trade Center Health Program that your injury or illness qualifies as one that is as a result of the terror attacks or removal of debris
• Being able to show that you were present at one of the 9/11 crash sites or present on one of the lanes of debris removal at any point between Sept. 11, 2001, and May 31, 2002
• Dismissing, withdrawing from or having settled a lawsuit relating to the terror attacks of Sept. 11, 2001, prior to Jan, 2, 2011
• Providing evidence of a new medical condition or loss that you did not have or could not have reasonably anticipated if you received compensation from the first victims’ compensation fund
• Proving that you have the authority to represent someone else in their claim, if applicable

How Experienced Zadroga Act Lawyers Can Help

The 9/11 victims’ compensation fund attorneys at Parker Waichman have successfully represented many clients who applied for benefits through the VCF. We understand the application requirements and will work diligently to have your health condition recognized by the World Trade Center Health Program as resulting from the terrorist attacks, so you become eligible to receive compensation from the VCF.

It’s critical to note that enrollment in either the VCF or the World Trade Center Health Program does not automatically mean that you are enrolled in the other program. The eligibility requirements for each program differ. Our 9/11 Zadroga Act lawyers can aggressively represent you during the enrollment process for both programs.

Filing for VCF Benefits

The second version of the VCF created a two-stage process for timely filing of a claim. The first step involves registration of a claim, and the second step is the filing of a claim. If you think you might have a case, whether now or at some juncture in the future, you must register with the VCF before July 29, 2021, in most situations. Missing this crucial deadline could result in the denial of your claim. Even if you do not otherwise qualify for benefits, you must register: Registering reserves your right to file a claim at a later date. You are not committed to pursuing your claim if you register, but registering gives you the right to seek compensation.

The registration process differs depending on whether you are already a member of the World Trade Center Health Program. If you are, the filing deadline is two years from the earlier of the date you received the World Trade Center Health Program certification letter or another governmental agency declared that your injury or illness was related to 9/11. Registration for one potential claim means that you are appropriately registered for all potential claims that might arise. If you are not a member of the World Trade Center Health Program, then the deadline is two years from when you knew or should have known that you suffer from harm related to 9/11 and are otherwise qualified.

The VCF administrators must determine whether your status meets the physical requirements for eligibility. That means you must have a physical injury or illness determined to be a result of the terror attacks or debris remediation. Mental health conditions do not qualify the applicant for eligibility in the VCF; you can receive benefits from the World Trade Center Health Program but not the VCF. Also, your condition must be certified by the World Trade Center Health Program. The VCF recognizes very limited exceptions to that regulation and may permit a private physician to render an opinion. The VCF refuses to process any claim that the health program has not certified.

Meeting the VCF Eligibility Requirements

You have the burden to prove that you satisfy the presence requirements for eligibility. You must show that you were present either at or near the World Trade Center, worked within the chain of debris removal or were within the New York City Exposure Zone at any time from Sept. 11, 2001, until May 31, 2002. The exposure zone defined by the VCF runs from Canal Street south and encompasses all of lower Manhattan. The health program’s disaster area is more extensive and runs from Houston Street south and 1.5 miles east into Brooklyn, but no part of Brooklyn lies within the exposure zone delineated by the VCF.

You may provide evidence of your presence in any one of those areas by providing employment records, medical records, rent or mortgage forms or a sworn affidavit. The VCF can deny your claim based on a lack of presence. However, you have the right to appeal that decision. You can present evidence at the appeal and provide sworn testimony that you were where you say you were. Third parties such as the New York police and fire departments might have your information as well, which the VCF will accept in support of your application.

Lawsuits were abundant within the years following 9/11: The families of those killed in the terrorist attacks filed claims against several entities, like the airlines, airport authorities, and even governments accused of supporting the terrorists. The VCF regulations permit victims to recover damages from lawsuits, but you must have settled or dismissed your case to qualify for benefits. The rules also require an offset from any money you receive from the fund if you obtained a settlement from a lawsuit.

You are eligible for compensation from the Zadroga Act VCF if you received payment from the first version of the victims’ compensation fund. But you must prove that the medical problem from which you are suffering is different than previous conditions for which you received compensation.

The final eligibility requirement relates to qualified personal representatives. The family of a person who died can file a claim with the VCF, but to do so, the personal representative should be appointed by a court. Additionally, if the claimant is a child, then a parent or legal guardian must apply. The VCF also allows you to file a claim with the assistance of an attorney who is qualified to handle these claims. Be sure to choose an attorney who has documented experience successfully managing claims for compensation with the VCF, like the Zadroga Act lawyers at Parker Waichman.

Calculating Compensation From the VCF

Financial compensation awarded from the VCF is calculated based on three factors:

• Non-economic losses. Non-economic damages are not quantified easily. They are also understood as “pain and suffering.”
• Economic losses. Economic losses include out-of-pocket expenses, medical bills, lost wages, loss of economic advancement, and loss of money for services.
• Offset from a third party. Your award from the VCF will be reduced by the amount of money you received for your injuries from another source. That source could have been a 9/11 insurance lawsuit or a claim you filed for personal injuries settled by an insurance company.

Non-economic losses the VCF will pay for are dependent on the circumstances of each person’s claim. The sum you receive for pain and suffering does not depend on the amount of qualified medical conditions from which you are suffering. Instead, the fund will pay non-economic losses up to $250,000 to a patient showing a link between 9/11 and cancer and $90,000 for a person who does not have cancer related to 9/11. The fund will pay a minimum settlement to 9/11 cancer patients of $125,000 and a minimum of $20,000 to non-cancer sufferers.

The amount you receive for pain and suffering depends on the severity of your condition. You’ll receive more compensation for serious, life-threatening injuries or illnesses. The VCF will pay out higher awards for diseases that were persistent and severely disrupted or altered the person’s quality of life. The VCF will pay a smaller award to those whose injuries or illnesses are under control, have resolved with the passage of time or are controlled by medication.

The amount of economic damages you might receive is contingent upon specific factors. First, you must have a disability due to a qualifying medical condition. Secondly, your disability must be documented by an opinion from a governmental agency like workers’ compensation, NYPD, FDNY, Social Security or a private insurer. The VCF will also accept the opinion on your disability from the World Trade Center Health Program.

Compensation for your lost wages or lost economic opportunity will depend on factors like your age, the type of work you performed, the length of your disability, whether you have a total or partial disability, and whether you received money from another source. World Trade Center Health Program enrollees may seek economic loss compensation from the VCF if they have at least one qualifying physical condition, there is no other disability determination, the claimant has stopped working or decreased the amount they work, and there is a reasonable belief that the claimant’s disability is preventing them from returning to work or working full time.

Filing Your Claim

You must register with the VCF before you file a claim. Once you register, then you must submit your claim as soon as possible after your condition is certified by the World Trade Center Health Program. When you file a claim, you are giving the VCF permission to investigate your condition. The investigators may examine your medical records from the World Trade Center Health Program.

The VCF will process claims in the order they receive them. The time it takes to process your claim will depend on the complexity of the claim and the type of claim. Once you receive an award letter, you have 30 days to appeal the decision. You may appeal if you were denied benefits or if you think you did not receive the amount of compensation that you believe you deserve. If you need to appeal, our attorneys can assist you with this process.

After the appeal period lapses, you could receive your check within 20 days, but it could be as long as 45 days. If you are in desperate need of the money due to hardship or you are facing a terminal illness, your attorney can request to expedite payment on your behalf.

Frequently Asked Questions About 9/11, the Zadroga Act, and the VCF

Who Had Insurance on the Twin Towers?

In July 2001, Larry Silverstein, through his company Silverstein Properties, acquired the lease for the World Trade Center. This made him the insurance holder for the buildings when the attacks happened. He received an insurance payout of $4.55 billion.

How Much Money Did the Survivors of 9/11 Receive?

Through the VCF, families of victims received various amounts for their injuries and losses. Kenneth Feinberg, head of the fund, determined how much each family should receive. If they turned down the offer, they could then appeal for more. There were 1,600 hearings held, and $7 billion was split among 97% of those who appealed.

How Much Did Insurance Claims Cost for 9/11?

When compiling all of the insurance filings and 9/11 insurance lawsuit claims that came about as a result of the attacks, losses totaled close to $40 billion, placing the attacks among the most expensive insured events in history.

At What Floor Was the Highest Survivor of 9/11?

A Canadian businessman, Brian Clark, was working on the 84th floor of the South Tower, where the plane collided with the building. He was one of only 18 people to survive from the building’s impact zone.

What Are the 9/11-Related Cancers?

Cancers found in 9/11 survivors and recovery workers include prostate cancer, thyroid cancer, multiple myeloma, non-Hodgkin’s lymphoma, lung cancer, leukemia, colon cancer, breast cancer, and dozens of other types of cancer.

How Many Survivors of 9/11 Have Since Died?

More than 2,000 people have died of 9/11-related illnesses since 2001.

What Did the Twin Towers Represent Before 9/11?

Prior to the heinous attacks, the Twin Towers were a symbol of the prosperity of New York City and America as a whole.

How Long Did it Take to Clean Up the Debris From 9/11?

It took nine months to completely clean up the debris at Ground Zero. Following the attacks, roughly 1.8 million tons of debris needed to be sorted and removed from Ground Zero and the surrounding area.

Where Did All the Debris From 9/11 Go?

The debris from the 9/11 attacks was mostly transported to Fresh Kills Landfill on Staten Island. From there, it was further sorted and redistributed to other areas.

How Many Bodies Were Recovered From the 9/11 Attacks?

While the 9/11 attacks claimed the lives of 2,977 people between all three attacks, the remains of only 1,644 of the victims have been identified so far.

Choose Skilled VCF and Zadroga Act Lawyers to Help You Obtain the Benefits You Need

Parker Waichman’s VCF attorneys have the talent, experience, and knowledge you need to obtain the benefits to which you might be entitled. They understand how to research your claim and assemble a compelling and persuasive claim package. Receiving compensation for your illness or injury requires more than filling out some paperwork: It requires thorough documentation supporting your claim accompanied by a compelling narrative describing how your loss has affected your life and the lives of your loved ones. At Parker Waichman, our attorneys will work hard to make the strongest possible case on your behalf.

Our lawyers are dedicated to superior advocacy, and we are proud to have received many honors from the legal community and beyond, including:

• A 9.8 (out of a perfect 10) rating by AVVO, a service that rates every attorney in the United States
• The highest possible peer-review rating from Martindale-Hubbell
• Lawdragon’s highest rating of “5 Dragons”

Speak With Our 9/11 Zadroga Act Lawyers Today

Call Parker Waichman today at 1-800-YOUR-LAWYER (1-800-968-7529) or fill out our client contact form to get the representation that will help you file a successful VCF claim. We’ll give you a free consultation and help you learn about your right to compensation.