World Trade Center victims who have suffered from medical conditions, such as 9/11-related cancers, as a result of the toxins released when the buildings collapsed are entitled to compensation, even years after the fact.
Although the Victim Compensation Fund was in danger of running out of money by the end of 2020, in mid-2019 Congress was finally persuaded to act and voted to extend the program for 70 years – ensuring that survivors and their families can get compensation and medical treatment for the remainder of their lives, according to the BBC.
How Long Has Money Been Available?
The original Victim Compensation Fund was established in the days following Sept. 11, 2001. The fund paid out more than $7 billion to approximately 2,700 individuals who had been injured as well as to 2,800 families who lost a loved one. The program was renewed in 2006, and after multiple renewals was set to expire in December 2020. However, due to various circumstances – notably the long latency period of many 9/11-related diseases – there was a spike in the number of claims, which threatened to bankrupt the fund.
It is virtually impossible to know the exact number, but estimates indicate that at least 80,000 first responders (firefighters, police officers, EMTs, contractors, and clean-up crews) came to the aid of victims following the events of that day. As many as 400,000 more were exposed to a toxic brew of asbestos, heavy metals, jet fuel, pulverized concrete, and other disease-causing substances. At the end of 2018, estimates indicated that more people will have died from toxin-related illnesses than were killed on 9/11 itself.
The World Trade Center Health Program reports that approximately 18,000 people who were exposed at Ground Zero—victims and first responders alike—have since been diagnosed with cancer related to this toxic exposure, with more diagnoses expected in the future.
How Much Am I Eligible For?
There are two different types of compensation available. Compensation for non-economic loss (illness, pain, and suffering) can be as much as $340,000, depending on the illness, whether or not it is chronic and the extent to which it has affected quality of life. You may not be eligible if you have already been compensated in a prior claim or injury lawsuit.
Compensation for economic losses depends on your age, work history, and prior income as well as whether or not you are already receiving disability payments from another source, such as a Social Security or a lawsuit award. The amount is determined on an individual basis.
Who Is Eligible?
World Trade Center victims who are seeking compensation from the fund must provide documentation that they:
Were present in the New York City Exposure Zone sometime between September 11, 2001 and May 31, 2002, or near routes of debris removal; outside of New York, victims need to prove they were near the Pentagon in Washington D.C. or Shanksville, Pennsylvania.
Suffer from a 9/11-related disease or injury as defined by the WTC Health Program (this covers treatment for physical disorders only, not psychological trauma such as PTSD).
If I Have a JASTA Claim Pending Can I Still File for Compensation?
Those who filed lawsuits under the Justice Against Sponsors of Terrorism Act (JASTA) are still eligible for compensation from the 9/11 VCF. However, if you receive a settlement, that amount will be offset and deducted from your VCF award. This is also true of any collateral source payments (i.e., insurance benefits, etc.) you may receive, including those made after you filed your VCF claim. You are required by law to report such payments to the VCF.
What Is the Deadline for Registering?
Since its creation, the 9/11 Victims Compensation Fund has been periodically extended for a few years at a time. Now, it has been extended for several more decades into the future in an attempt to ensure that anyone injured in the 2001 terrorist attacks is able to seek compensation for their injuries or illness.
Those who have not yet registered have until July 29, 2021 to do so in order for their claims to be considered timely. Meeting this deadline will make certain you have the right to file a claim until the fund closes on October 1, 2090.
What if a WTC Survivor Dies of COVID-19?
Because many survivors of the WTC terrorist attack suffer from respiratory illnesses, they are more susceptible to severe illness if they contract COVID-19. In September, the Victim Compensation Fund announced a new directive that said families of people who have 9/11-related diseases, but succumb to COVID-19, will continue to receive benefits from the fund.
More than 50,000 World Trade Center victims are also over the age of 55, which may also lead to an increased risk of coronavirus complications.
Jason Srebrenick, currently a pest control worker and the sole income earner for his family, said he was a carpenter in 2001. Back then, he helped business owners and office complexes sweep up toxin-laden dust and remove mountains of debris. He said he remembers the undeniable stench of burning bodies, even though he wore a mask back then.
Today, Srebrenick said he has breathing problems, but wears a mask when he is performing his job as a pest control technician in order to protect himself and his family from COVID-19. He told WNEP-TV that he is considered an essential worker, and even though wearing a mask makes it even more difficult for him to feel that he is getting enough air, he knows he must wear one.
As of September 2020, more than 1,400 survivors of 9/11 had been diagnosed with the novel coronavirus, WNEP reported. At that time, the World Trade Center Health program said 44 had died.
How Do I Apply for Compensation?
If you are among the thousands of victims of the 9/11 terrorist attacks, you can register at VCF.gov in order to begin the process. Keep in mind that a condition of receiving a monetary award from the Victim Compensation Fund is that you give up the right to file a lawsuit.
Do I Need an Attorney to File a Claim?
Legal representation is not required to file a VCF claim. However, many people find the process to be complicated, especially if they need to provide documentation. Such claimants can greatly benefit by having assistance from a lawyer familiar with the process.
A growing number of people who were near Ground Zero in the aftermath of 9/11, including first responders and victims, are now developing a variety of types of cancer linked with that exposure. If you are a victim of 9/11 cancer or another 9/11-related injury or illness, you deserve compensation. This paperwork can be complicated, as can the gathering of evidence, so consulting an experienced attorney can help.
While compensation from the fund cannot take away the pain and suffering caused by a cancer diagnosis or other 9/11-related injury, nor can it bring a loved one back to life, it can at least help to alleviate the burden too often incurred by medical expenses, lost wages, wrongful death, and more. Top Class Actions has laid the groundwork for you to begin this process by connecting you with an experienced attorney.
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 September 11, 2001 and May 31, 2002, and were diagnosed with cancer 4 years or more after exposure (or 1 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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