How long will it take for victims to get a VCF Payout?
The average final determination is 15 months from the date of submission of the claim. However, the determination can be quicker or longer depending on the complexity of the case. There may be prolonged by appeals and/or difficulties in obtaining records.
How Much Compensation Can Victims Recover?
Each award is calculated individually. The final award: Non-Economic Loss plus Economic Loss minus Collateral Offsets.
The September 11th Victim Compensation Fund will award money to compensate for non-economic loss, also known as pain and suffering. Non-economic loss awards are presumed amounts based on the type of illness claimed. The non-economic loss award can be increased by presenting evidence of a significant effect on activities of daily living. For example, providing evidence of surgery or chemotherapy may increase the pain and suffering award.
Non-Economic Awards for Cancer Survivors
The maximum non-economic award for any single type of cancer is $250,000, except skin cancer, which is in the range of $90,000.
Non-Economic Awards for Non-Cancerous Conditions
The maximum non-economic award for any one type of non-cancerous condition is $90,000.
Emphysema, Interstitial Lung Disease (including asbestosis), and sarcoidosis are considered so severe that they will warrant the highest possible non-cancerous award of $90,000 without the need for further documentation. However, there are limited exceptions where the $90,000 cap can be increased. Certain claimants with interstitial lung disease or other pulmonary illnesses suffer in the same way as a lung cancer victim. These claimants might require lung transplants or mechanical respiratory assistance on a daily basis. These claimants may receive the same award as someone with lung cancer.
The September 11th Victim Compensation Fund awards compensation for Economic Loss, including loss of earnings, out of pocket medical expenses, funeral expenses, and household services.
Loss of Earnings
The September 11th Victim Compensation Fund awards compensation for loss of past and future earnings. The VCF will also compensate for the loss of employment-related benefits, including pension programs, retirement contribution plans, and health benefits. The VCF caps compensable gross income at $200,000 per year. The loss of earnings award is offset by pension, Social Security Disability (SSD), or private disability insurance.
To prove that your 9/11 related condition is or was disabling, the VCF may accept determinations made by SSD, Workers’ Compensation, or a private disability insurer. Without SSA earnings, the loss must be proven by tax returns or other business records, as well as medical documentation supporting disability. In a death claim, loss of future earnings may be awarded where there is evidence that the death from an eligible condition and resulted in a compensable loss.
For discrete past loss of earnings claims, you may be able to prove the loss without a disability determination by providing medical proof of a temporary disability. In certain circumstances, the VCF may permit a WTCHP disability evaluation, upon request.
Awards for Death Claims
A death claim consists of the losses after the date of death with a presumed non-economic loss of $250,000 plus $100,000 for the surviving spouse and for each additional dependent. There will be an additional award for the pain and suffering from the date of injury to the date of death.
How the 9/11 Fund Supports Survivors
According to VCF.gov, the 9/11 Compensation Fund (VCF) was created to compensate people who were present at the site of the 9/11 attacks from September 11, 2001, to May 30, 2002, including:
Anyone who was present at any of these sites and has been diagnosed with a 9/11-related illness or suffer from aggravation of a pre-existing 9/11-related illness may be eligible for compensation. Family members of loved ones who have died are also eligible. The VCF compensates anyone, including residents and workers who were sufficiently present in one of the above-mentioned disaster locations. Contact the VCF lawyers at Weisfuse & Weisfuse, LLP today to discuss eligibility.
Why The September 11th Victim Compensation Fund Is Vital
On September 18th, 2001, the Environmental Protection Agency (EPA) released a statement claiming that the air quality in Lower Manhattan was safe, prompting residents and workers to return to Lower Manhattan.
According to a 2003 report released by the inspector general of the EPA, the EPA’s statement on September 18th saying that the air was safe was made without sufficient, reliable information. The EPA was influenced by the White House Council on Environmental Quality to make reassuring public comments. In fact, the air was filled with asbestos, fiberglass, mercury, benzene, and other carcinogens.
According to the Centers for Disease Control and Prevention (CDC), approximately 400,000 workers, residents, building occupants, and passersby were exposed to the toxic dust cloud created by the attacks.
As of June 2020, 54,000 claims have been filed with the 9/11 Compensation fund and $6.69 billion has been awarded in compensation.
Contact the VCF Lawyers at Weisfuse & Weisfuse, LLP, For Help
A complex process requires the help of an experienced 9/11 compensation attorney. At Weisfuse & Weisfuse, LLP our VCF lawyers have helped 9/11 victims secure the compensation they deserve. Our lawyers remain at their side, navigating them through every step. Contact our law firm by calling 212-983-3000 or sending us an email.