Sage Datko  |  November 29, 2021

Category: Cancer

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first responders and blue collar heroes

In the midst of the international health crisis brought on by COVID-19, we are all being reminded once more how important first responders, nurses, and emergency workers are to the well-being of the entire country. These people are on the front lines of this and so many other emergencies, putting their health and safety on the line for the benefit of those in need.

Sadly, the value and sacrifices of these workers are not always appreciated. For years, survivors of the 9/11 terrorist attacks and the first responders who helped bring them to safety have struggled to access compensation for the illnesses and injuries, like 9/11 cancers, they sustained during the tragedy, CNN reports. However, a bill was passed in the summer of 2019 that ensures the 9/11 Victim Compensation Fund will be more accessible and long-lasting.

What is the 9/11 Victim Compensation Fund?

The 9/11 Victim Compensation Fund was set up to provide victims’ families damages for their losses and to ensure that survivors could claim compensation for illnesses caused by the attacks, which includes a number of cancers.

The fund was first used between 2001 and 2003 to process claims for deaths and injuries sustained during the attacks. The fund was later re-opened to provide compensation to first responders and other individuals who have experienced health issues related to 9/11 since the attack.

How Many Claims Have Been Filed?

The 9/11 Victim Compensation Fund processed 7,408 claims between 2001 and 2003, per CNN. Of those claims, nearly 3,000 were death claims, accounting for 98% of eligible families. The vast majority of these claims were approved. The remaining claims were related to personal injuries. Of the 4,445 personal injury claims filed, 2,680 claims received funds.

Since the September 11 Victims Compensation Fund was re-opened in 2011, the fund has received more than 51,000 eligibility claims. Less than half of those claims have been approved with another 15,000 still being processed.

Who Controls the 9/11 Victim Compensation Fund?

The health of claimants is monitored by the WTC Health Registry. Rupa Bhattacharyya was named the fund’s Special Master by Attorney General Loretta Lynch in 2016. 

How Large Is the Fund?

As of July 2019, $5.2 billion in compensation had been paid out to victims. At that time, Special Master Bhattacharyya alerted Congress that there would not be enough money to pay the current and projected claims. However, thanks to the advocacy of first-responders, comedian Jon Stewart, and others, a bill was passed in 2019 to address the shortage.

Under the new bill, the 9/11 Victim Compensation Fund will be authorized $10.2 billion for the next ten years. 

nurse and doctors in hospitalHow Long Will the Fund Be Active?

Originally, the 9/11 Victim Compensation Fund was set to expire by 2004, according to the fund’s website. It was re-opened in 2011 at which point it was set to end in 2016. However, before the fund could expire, President Obama signed a bill extending the fund through 2020.

The bill passed in 2019 “ensures the compensation for victims through 2090,” per CNN.  Those who missed the initial window to apply can do so retroactively, thanks to the “Never Forget the Heroes Act.”

There was another important deadline on July 29, 2021. By this date, individuals must have registered with the fund if they were diagnosed with a certified 9/11 illness before July 29, 2019 or if a loved one died due to a 9/11 illness before July 29, 2019. Individuals who experience these events after July 29, 2019 have two years after the event date to register with the claim.

What Conditions Does the 9/11 Victim Compensation Fund Cover?

The 9/11 Victim Compensation Fund was originally meant to compensate those who sustained injuries or lost loved ones during the attacks. Over time, it became clear that the attacks and the clean-up that followed led to a wide variety of health concerns, most notably cancer and respiratory disease.

More than 32,000 first responders have developed respiratory or digestive tract diseases, according to Vox. More than 700 of them have since died of those diseases. There are more than 10 types of cancer caused by 9/11. This disease, on the other hand, has affected nearly 9,000 September 11 first responders; 600 of them have died.

The extension of the fund is meant to account for those who have yet to show signs of health issues caused by the attacks, as the onset of some cancers caused by asbestos and other chemicals can take decades.

Impact of Toxins

During the 9/11 attacks, toxins were released into the air surrounding the site of the World Trade Center. The toxic dust cloud polluted the air for an extended period of time following the attacks, meaning that people who lived, worked, or went to school near the site may have been exposed to these toxins, in addition to the first responders, crisis workers, city workers, firefighters, and volunteers who were in the area.

It is believed that the toxins released into the air included asbestos, glass fibers, heavy metals, cement, gypsum, synthetic fibers, and other molecules. In addition to burned and damaged construction materials, other materials including computers and textiles were destroyed during the attacks and released particles into the air.

When inhaled or swallowed, these toxins may cause irritation and inflammation to occur inside the body, and may result in the development of respiratory issues, gastrointestinal problems, or several forms of cancer. Victims who were diagnosed with illnesses related to these toxins may qualify for coverage through the 9/11 victim compensation fund.

Additionally, as respirators and other types of personal protective equipment were rarely used by the first responders and other workers in the area after the attacks, many people who were exposed to the dust were not protected from its potential health consequences. At the time, it was announced that the air pollution levels in the area were safe, leading many people to believe they were not at risk of inhaling toxins. However, it is now known that the air surrounding the World Trade Center was polluted for a significant amount of time following the attacks.

Does the 9/11 Victim Compensation Fund Cover COVID-19?

Family members of 9/11 responders who have died due to complications of COVID-19 may now also be able to apply for compensation.

In September 2020, the Victims Compensation Fund clarified that the families of 9/11 first responders who die from COVID-19 may be eligible to receive compensation. People who have underlying conditions, including respiratory disorders or conditions that are connected with a suppressed immune system such as cancer may be more likely to experience severe cases of COVID-19.

Those individuals whose underlying conditions are related to their exposure to toxins released in the September 11 attacks may be eligible to pursue claims through the compensation fund if their condition worsens a case of COVID-19, or results in their death. In order to receive a settlement, the underlying condition must be listed on the death certificate as the cause of death, underlying cause of death or a contributing factor to the death. If the death certificate does not include this information, families may still be able to apply if they can prove that the underlying condition is related to the death.

One woman whose mother died in May due to complications of COVID-19 claims that the condition was worsened due to her mother’s lymphoma diagnosis and chemotherapy treatments. In an interview with SI Live, she stated: “She was robbed of time. I don’t know how much time she had with the lymphoma, but she was responding. Whether we had months, years, we will never know.” Although nothing will bring her mother back, she will be able to file a wrongful death claim with the compensation fund and potentially receive a settlement. Family members of deceased loved ones have until July 2021 to pursue a wrongful death settlement.

Am I Eligible for Compensation?

Victims of Sept. 11 who qualify for compensation from the 9/11 Victim Compensation Fund include, of course, first responders, firefighters, police officers, and EMTs. Others who may have been affected and may be eligible include construction and sanitation workers, city and utility workers, employees of businesses and students from schools located below Canal Street, as well as out-of-state responders, volunteers, and other New York residents.

There is also a firefighter fund similar to the WTC Health Program.

If you were present or near Ground Zero during or after the attacks and have since developed cancer or respiratory illnesses, you may be eligible to participate in the Fund.

Free 9/11 Cancer Fund Claim Evaluation

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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Free 9/11 Cancer Fund Claim Evaluation

If you qualify, a September 11th Victim Compensation Fund attorney will contact you to discuss the details of your potential claim at no charge to you.

PLEASE NOTE: If you want to participate in this investigation, it is imperative that you reply to the law firm if they call or email you. Failing to do so may result in you not getting signed up as a client or getting you dropped as a client.

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