Christina Spicer  |  November 8, 2021

Category: Legal News

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Do you qualify for the victims compensation fund as a first responder?

Twenty years ago, on September 11, 2001, thousands of Americans became victims of extreme hate and violence. Unfortunately, for many victims, the terrorist attacks on the World Trade Center were just the beginning of their struggle.

What followed was a more than decade-long fight for compensation for those who sustained injuries or illness during the 9/11 attacks. As a part of this effort, the 9/11 Compensation Fund was established in 2001. However, by 2004, the fund had stopped operations. Since that time, victims’ advocates and lawmakers have struggled to reach a solution for victims still in need of assistance, like those suffering 9/11-related cancer.

What is the Victim Compensation Fund?

The Victim Compensation Fund first operated from 2001 to 2004. During that time, CNN reports that the fund received nearly 7,500 claims from 75 countries. Of those claims, more than 5,500 were accepted resulting in tax-free payouts totaling $7 billion. However, as time went on, it became clear that there were many first responders whose needs weren’t met by the fund because their illnesses developed over time, after 2004.

The 9/11 Compensation Fund was reactivated in 2011 as a part of the James Zadroga 9/11 Health and Compensation Act of 2010, as reported by Vox. James Zadroga was an NYPD officer at the time of the attacks and died of respiratory disease in 2006, a disease he is believed to have developed during his work in the aftermath of the attack.

After the fund was reopened, it received another 51,288 claims. Of those claims, less than 25,000 were approved and more than 15,000 are still being processed. The approved claims resulted in payouts totaling $5.2 billion. The fund has been revitalized several times in its history.

The fund has faced several challenges from lawmakers over budgetary concerns. Thankfully, those challenges were met by a law that was passed in July 2019, the Never Forget the Heroes Act. This Act extended the fund through 2090 and authorized $10.2 billion for the 9/11 Compensation Fund.

9/11 Victim Compensation Fund Eligibility

One part of the struggle faced by victims and first responders has been the difficulty of being approved for compensation by the fund. This is largely due to the coverage or lack thereof of the fund itself. In the past, cancer wasn’t included on the list of illnesses covered by the fund, cancer is one of the most common illnesses faced by victims and first responders. However, CNN reports that, in 2012, 58 types of cancer were added to the list of 9/11-related health concerns covered by the fund.

Ostensibly, the 9/11 Compensation Fund is meant to compensate and assist the victims and officials in the September 11 impacted community. This includes police, firefighters, and first responders as well as students, residents, and workers in the area at the time of the attack.

The World Trade Center Health Program (WTCHP) recognizes a long list of illnesses and injuries among those covered by the fund including acute injuries sustained during the attack as well as cancers, mental health conditions, aerodigestive disorders, and musculoskeletal disorders.

Is the 9/11 Victims Compensation Fund the Same Thing as the WTC Health Program?

Two firefighters spray water towards a blazing fireThe WTC Health Program provides those who were present at Ground Zero to obtain medical monitoring and treatment for injuries and physical issues related to exposure to the WTC bombings and the aftermath. Those who are enrolled in the WTC Health Program are not automatically registered with the 9/11 compensation fund, which is the program that provides compensation for losses resulting from injuries and illnesses related to 9/11 exposure.

Moreover, you don’t need to secure certification for treatment by the WTC Health Program in order to become registered with the 9/11 Victims Compensation Fund. By registering with the Fund, you preserve your right to submit a claim right away or in the future until the closing date of Oct. 1, 2090. Registering for the Fund doesn’t mean you waive any rights, and you’re not mandated to file a claim in the future.

Although the fund is certified through 2090, there are earlier deadlines 9/11 survivors and their family members should be aware of in order to receive their compensation. People must register with the fund by July 29, 2021 if the either had a certified 9/11 related illness or lose a loved one to such illness before July 29, 2019. Going forward, surviving family members will have two years following their loved ones’ deaths to register with the fund.

Does the 9/11 Compensation Fund Need My Medical Records?

The Fund does not receive copies of any of your medical records from the WTC Health Program. The Health Program only supplies enough information for the Fund to determine whether or not you have a condition that is eligible for compensation from the 9/11 Compensation Fund.

However, in some cases, you may want to provide the Fund with medical records if your certified condition isn’t on the list of ailments that the Fund presumes to be severe. If your condition adversely impacts your daily activities significantly or if the certification doesn’t accurately reflect how severe your illness is, you may wish to submit recent medical records to assist the Fund in their evaluation of the condition.

9/11 Compensation Fund Process Time

As a part of the extension approved for the 9/11 Victims Compensation Fund in 2019, an update was made to the “timely filing” guideline of previous Acts. Under original guidelines claimants needed to file within a few months of their diagnosis. However, because so many of these victims didn’t know they were eligible for compensation, this guideline has been extended.

Victims who were diagnosed with WTCHP recognized illnesses before the extension now have two years to file claims, until July 2021. Claims previously denied due to the timeliness guideline are also being reconsidered.

The actual time it takes to process a claim may vary widely. Generally, claims are processed on a first-come-first-serve basis, but exceptions may be made for victims who are critically ill or destitute.

If you have a critical illness or are facing severe financial difficulties, your claim may be expedited. The current timeline for having a non-critical claim processed and approved is between 15 and 18 months.

9/11 Compensation Fund Vital During Pandemic

Since its inception, the 9/11 Compensation Fund has been a lifeline for Ground Zero victims, workers, and their families to cover medical costs and other expenses. The Victims Compensation Fund, or VCF, ran into some funding troubles last year when it looked as if the lack of Congressional funding would lead to a shortage. However, Congress reauthorized the VCF in 2019, extending support to 9/11 victims well into the future.

Advocates say that now, more than ever, the VCF is vital to recipients. The fund is an important source of healthcare funding for 9/11 survivors now facing the coronavirus pandemic, according to WSHU.

Reportedly, 9/11 survivors are more susceptible to severe side effects if they contract COVID-19. Those who were at Ground Zero during the 9/11 attack experience a higher rate of respiratory illnesses. In addition, those who suffered cancer as a result of exposure to toxins on 9/11 are more vulnerable, especially if they had to undergo radiation or chemotherapy, notes WSHU. Experts told reporters that it is extremely important for VCF recipients to follow public health recommendations to avoid contracting the virus.

In addition, WSHU reports that the VCF is being considered as a model for a fund for essential workers who contracted COVID-19. In fact, Advocates say that essential workers lacked the respiratory protection necessary to protect themselves from the virus. Moreover, advocates charge government leaders with being less than forthcoming about the coronavirus pandemic, putting many at risk.

WSHU notes that Connecticut is considering a compensation fund for these workers based on the 9/11 VCF.

How Do I Get a Victim Compensation Fund Application?

Applications are available for any person who wishes to make a claim against the 9/11 Compensation Fund. This form can be found on the fund’s website in a downloadable PDF format. Claimants may wish to file online rather than seeking a hard copy of the form. Online filing may expedite the process of filing and approval.

How Do I File a Claim?

To file for aid through the 9/11 Compensation Fund, you will need a Claim Form. The Fund encourages claimants to file online for expediency. Through the fund’s online system, claimants can create and register an account, complete and submit a fund application, and upload any supporting documentation. If you would prefer to follow this process offline, you will need to print and mail your form and documentation to the fund directly.

Legal representation is not required to file a claim through the fund. However, the process can be complicated, as can gathering the necessary documentation. Consulting a lawyer familiar with the process may greatly benefit some claimants.

Navigating the complex and burdensome paperwork and strict deadlines to participate in the 9/11 Victim Compensation Fund can be difficult. An experienced 9/11 Victim Fund attorney can help and ensure you get the maximum compensation available.

If you were present near Ground Zero, generally considered to be Lower Manhattan below Canal Street, between Sept. 11, 2001 and May 31, 2002, and were diagnosed with cancer four years or more after exposure (or one year or more for blood and bone cancers), you may qualify for compensation.

Submit your information now for a free, no-obligation review of your potential 9/11 cancer fund claim.

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