If you or someone you know worked and lived near Ground Zero and has recently been diagnosed with cancer, you should at least consider the possibility that this diagnosis could be due to toxic fumes breathed in from that area. C

ancers linked to 9/11 can take many years to develop, and this is why the Victims Compensation Fund has been strained in recent years with people who have just obtained a diagnosis attempting to file.

Recent News Regarding the VCF Cancer Payouts

On July 15, 2019, federal lawmakers, including Senate Minority Leader Chuck Schumer and Reps. Jerrold Nadler and Carolyn Maloney, demanded that the Senate immediately pass a proposed bill meant to permanently fund the 9/11 Victim Compensation Fund.

The bill, known as the Never Forget the Heroes Act, passed the House earlier this year with a vote of 402-12 and is now waiting to be reviewed by the Senate. However, the Senate is scheduled to go on a five week break starting in August, prompting first responders and lawmakers to put pressure on the Senate to review the bill soon.

Senate Majority Leader Mitch McConnell has previously stated that he will bring the bill to the Senate floor in early August before the break begins. If the bill is passed by the Senate, it will next go to the desk of the president.

If the Never Forget the Heroes Act passes, it will permanently reauthorize the fund that pays out compensation to victims affected by the toxic dust and fumes released in the 9/11 terrorist attacks. The bill would also finance the fund through 2090. Although the bill is expected to cost more than $10 billion over the next decade, victim advocates believe that the cost is worth it to provide relief to injured victims.

If the bill does not pass, the current Victim Compensation Fund is set to expire in December 2020, leaving countless victims wondering whether their claims will be compensated, and for how much.

What is the History of the VCF?

In 2011, Congress passed the 9/11 Zadroga Act. This act created the Victims Compensation Fund (VCF) and the World Trade Center Health Program.

At the time these programs were created, cancers had not yet been connected to being in the local area by either the CDC or the National Institute for Occupational Safety and Health (NIOSH). That connection was made just a few years later, but the original funding decisions were not based on the belief that many people would be submitting claims based on cancer.

How Many VCF Awards Were Already Given?

In total, around $5 billion in funds has already been given to over 25,000 people who submitted Ground Zero injury claims. However, actuaries reviewed the strength of the funds and determined that due to the high volume of people continuing to submit awards that the Special Master of that program would have to reduce awards by as much as 70 percent.

This means a person submitting a legitimate claim today might receive much less than a person who submitted a claim years ago.

The purpose of the funds for new claims being cut is to ensure that those who submit claims through December 2020 can still receive some support.

How Does a VCF Award Work?

For someone new to the process of submitting a claim, VCF cancer payouts can be confusing. The VCF makes one award for the non-economic loss, also referred to as pain and suffering. However, this is not all of what goes into VCF cancer payouts.

Another award is made to a successful applicant for an economic loss, which includes lost benefits, lost earnings, household services, and out of pocket medical expenses.

There are caps for an award, even if the person has a serious medical condition directly due to being near Ground Zero. Non-cancer condition awards for non-economic losses are capped at $90,000; those who have been diagnosed have a right to VCF cancer payouts, which have their non-economic damages capped at $250,000.

Have All Current Claims Been Paid?

NPR reports that, at the time that it was announced that VCF cancer payouts would be reduced for all legitimate claims in February 2019, there were still 19,000 claims yet to be addressed by the claims fund.

Since then, more people who qualify might have received a cancer diagnosis. This means that thousands more claims could still be filed before the December 2020 deadline.

According to the New York Times, if Congress fails to provide additional funds to support these VCF claims, the average payout per person could drop even further, making it difficult for those who have suffered to recoup a large portion of their losses from breathing in toxic air near the WTC.

If you believe you have been affected by a 9/11 related illness, you should speak with an attorney as soon as possible. A specialized 9/11 lawyer can help you through the confusing VCF application process.