9/11 Victim Compensation Fund Lawyer in New York City
September 11, 2001 was among the most horrific and tragic days in our nation’s history. But amidst the appalling events that we all watched on TV, thousands of brave and selfless American heroes responded to Lower Manhattan. They were police officers, firefighters, EMTs, National Guardsmen, volunteers, construction workers, electrical workers, iron workers, plumbers, doctors, and more. Their tireless work in the days, months and years after 9/11 helped a City and a Country re-build, stronger than before, after the most destructive attack on American soil in history.
But the noble work of responders came at a cost. Thousands of tons of toxic debris that was in the collapsed buildings and airplanes were pulverized, spreading dust, debris, fumes and carcinogens across Lower Manhattan. In the years since that day, thousands of responders have been diagnosed with injuries caused by their exposure at the World Trade Center site. Respiratory injuries like Asthma, COPD and Lung Disease, Digestive injuries, Nasal Cavity injuries, and over 50 types of cancer, have all been scientifically shown to be caused by exposure to the toxic environment in Lower Manhattan after 9/11.
The Dearie Law Firm, P.C. represents more than 1,000 responders, volunteers, residents, and office workers, who have been diagnosed with 9/11-related injuries, in claims to the September 11th Victim Compensation Fund (“VCF”). We are experts at moving cases through the VCF claims processing system as quickly as possible, and recovering the highest possible awards for our clients.
If you or someone you know was exposed to the toxic environment of Lower Manhattan after 9/11, contact The Dearie Law Firm, P.C. now to discuss the merits of a VCF claim.
September 11 Victim Compensation Fund
The September 11 Victim Compensation Fund (VCF) originally operated from December 2001 to June 2004. The fund was created to provide compensation for economic and non-economic losses suffered by those injured due to the September 11, 2001 terrorist attacks. In order to be eligible for the VCF, individuals must: (1) have been present at the September 11th crash site at the time of the crashes or between September 11, 2001 and May 30, 2002; and (2) have suffered physical harm as a direct result of the crashes or debris removal.
In January 2011, President Obama signed into law the James Zadroga Health and Compensation Act of 2010 (Zadroga Act), re-opening the VCF. The VCF was temporarily reauthorized in 2015, and was made “permanent” in 2019. The 2019 Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act extends funding through fiscal year 2092.
Crash Site Locations
The September 11th crash site includes the area in Manhattan south of Canal Street, the Fresh Kills Landfill in Staten Island, the barges that moved debris, the NYC Morgue, and any other area the VCF may identify as creating a clear risk of physical harm as a result of the crashes, fires, and building collapses.
The physical injuries, health conditions and diseases that are covered under the VCF (“Covered Conditions”) are listed below. However, it is important to be aware that this list continues to evolve as new connections emerge.
- Interstitial lung disease
- Chronic Respiratory Disorder – Fumes / Vapors
- Reactive Airways Dysfunction Syndrome (RADS)
- WTC-exacerbated Chronic Obstructive Pulmonary Disease (COPD)
- Chronic cough syndrome
- Upper airway hyper-reactivity
- Chronic rhinosinusitis
- Chronic nasopharyngitis
- Chronic laryngitis
- Gastro-Esophageal Reflux Disorder (GERD)
- Sleep apnea exacerbated by or related to other Covered Conditions
- Low back pain
- Carpal Tunnel Syndrome (CTS)
- Certain other musculoskeletal disorders
- Traumatic injuries
- Mental health conditions, including PTSD, depression, anxiety and others
The Zadroga Act did not initially include cancers on their list of Covered Conditions. However, on June 8, 2012, the National Institute for Occupational Safety and Health (NIOSH) proposed a new rule to add certain types of cancer to the list of Covered Conditions. This new rule took effect on October 12, 2012.
Cancers added to the list of Covered Conditions is as follows:
Note that you may have been diagnosed with a specific subtype of one of the listed cancers, which may have been described to you using a different name. If you do not see your diagnosis listed and are unsure whether your type of cancer is covered, check this more comprehensive listing of WTC Covered Conditions.
Head and Neck
- Malignant neoplasm of lip
- Malignant neoplasm of base of tongue
- Malignant neoplasm of other and unspecified parts of tongue
- Malignant neoplasm of parotid gland
- Malignant neoplasm of other and unspecified major salivary glands
- Malignant neoplasm of floor of mouth
- Malignant neoplasm of gum
- Malignant neoplasm of palate
- Malignant neoplasm of other and unspecified parts of mouth
- Malignant neoplasm of tonsil
- Malignant neoplasm of oropharynx
- Malignant neoplasm of nasopharynx
- Malignant neoplasm of piriform sinus
- Malignant neoplasm of the hypopharynx
- Malignant neoplasm of other and ill-defined conditions in the lip, oral cavity and pharynx
- Malignant neoplasms of nasal cavity
- Malignant neoplasm of accessory sinuses
- Malignant neoplasm of the larynx
Note that there is no comprehensive listing of rare cancers covered. The WTC Health Program assesses every cancer submitted for certification to determine whether it meets the criteria for a rare cancer.
- Malignant neoplasm of the esophagus
- Malignant neoplasm of the stomach
- Malignant neoplasm of the colon
- Malignant neoplasm of rectosigmoid junction
- Malignant neoplasm of the rectum
- Malignant neoplasm of other and ill-defined digestive organs
- Malignant neoplasm of the liver and intrahepatic bile ducts
- Malignant neoplasms of retroperitoneum and peritoneum
- Malignant neoplasms of the trachea
- Malignant neoplasm of bronchus and lung
- Malignant neoplasm of heart, mediastinum and pleura
- Malignant neoplasm of other and ill-defined sites in the respiratory system and intrathoracic organs
Female Reproductive Organs
- Malignant neoplasm of ovary
- Malignant neoplasm of bladder
- Malignant neoplasm of the kidney except renal pelvis
- Malignant neoplasm of renal pelvis
- Malignant neoplasm of ureter
- Malignant neoplasm of other and unspecified urinary organs
Eye & Orbit
- Malignant neoplasms of eye and adnexa
- Malignant neoplasm of thyroid gland
Blood & Lymphoid Tissue
- Hodgkin’s disease
- Follicular (nodular) non-Hodgkin lymphoma
- Diffuse non-Hodgkin lymphoma
- Peripheral and cutaneous T-cell lymphomas
- Other and unspecified types of non-Hodgkin lymphoma
- Malignant immunoproliferative diseases
- Multiple myeloma and malignant plasma cell neoplasms
- Lymphoid leukemia
- Myeloid leukemia
- Monocytic leukemia
- Other leukemias of specified cell type
- Leukemia of unspecified cell type
- Other and unspecified malignant neoplasms of lymphoid, hematopoietic and related tissue
- Malignant neoplasm of peripheral nerves and autonomic nervous system
- Malignant neoplasm of other connective and soft tissue
Skin (Non Melanoma)
- Other malignant neoplasms of skin
- Malignant melanoma of skin
- Malignant neoplasm of breast
When Must I File?
If you knew or should have known of your physical injuries resulting from the September 11th attacks as of October 3, 2011, you would have been required to file by October 3, 2013. If you learned of your physical injury after October 3, 2011, you have two years to file from the date you learned of the injury, or should have learned of it.
The claim submission process is split into two sections: Eligibility Form and Compensation Form. Both forms must be completed and submitted to the VCF before an offer is made. The 2019 statute extends the time period for filing claims to October 1, 2090, provided that such claims are filed within two years of discovery of the injury.
In general, all awards will consist of three components, to be calculated as follows:
Economic Loss + Non-Economic Loss – Collateral Offsets
Economic Loss will consist of any prior loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, and the loss of business or employment opportunities.
Non-Economic Loss is defined by the Zadroga Act as losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, hedonic damages, injury to reputation, and all other non-pecuniary losses of any kind.
Collateral Source Payments consists of all payments related to the terrorist-related attacks of September 11th or subsequent debris removal. Examples of such payments include life insurance, pension funds, death benefit programs, settlement payments from any September 11th-related lawsuits, and payments by any government entities.
To discuss any of the information contained in this page, or to speak to an attorney at The Dearie Law Firm, P.C., Contact Us or call 1-800-2-DEARIE (1-800-233-2743).