In the more than two decades since the 9/11 attacks, thousands of people were exposed to the toxic dust cloud that floated in the air and settled on the ground from the collapse of the World Trade Center. The statistics from the World Trade Center Health Program (WTC Health Program) tell the story: 84,490 first responders and 38,509 survivors have enrolled in the Program as of March 2023. Most have aerodigestive disorders such as GERD, asthma, chronic cough syndrome, chronic respiratory conditions, and interstitial lung disease. Many others have 9/11-related cancers, including non-Hodgkin lymphomas; leukemia; mesothelioma; cancers of the reproductive system; and skin, prostate, and lung cancer, among others.
Today, many who suffered toxic dust exposure now also suffer from multiple conditions caused by the many carcinogenic and dangerous particles and chemical fumes released by the collapse of the buildings. While victims of the attack are covered by the WTC Health Program for the diseases and medical conditions that are 9/11-related, and are therefore eligible for September 11th Victim Compensation Fund (VCF) compensation, what happens when they have more than one covered condition?
How are September 11th Victim Compensation Fund awards determined?
In order to receive financial compensation (called an award) for a condition or disease from the September 11th Victim Compensation Fund, several things must first be proven: First, that the person making a claim for compensation must have documented evidence that he or she was in a specified area at or near Ground Zero between September 11, 2001 and May 30, 2002. Secondly, the claimant must have a condition or disease certified as being 9/11-related by the WTC Health Program.
Once eligibility is determined, the September 11th Victim Compensation Fund calculates the award, which includes two parts:
After submission of documentation for economic loss claims, the September 11th Victim Compensation Fund deducts Collateral Offset Sources— payments a claimant already received from Workers’ Compensation, SSD payments, or other related pension or union disability payments. At that time, the September 11th Victim Compensation Fund will send the claimant a Loss Calculation Letter with a full explanation of how they determined the compensation amount.
How does the September 11th Victim Compensation Fund calculate awards where there are multiple certified conditions?
Sadly, both first responders and others sickened by their exposure to the toxic dust cloud have since come down with more than one 9/11-related condition. In fact, as of March 2023, 21 percent of registered members of the WTC Health Program have two certified conditions, 17 percent have three certified conditions, and another 13 percent have four certified conditions. That number alone equals more than 32,000 people. Add those who have anywhere from five to ten or more certified conditions, and there are more than 54,000 people who have multiple certified condition related to their 9/11 exposure. That number is only going to grow.
As shocking as those statistics are, the September 11th Victim Compensation Fund does not calculate compensation based on the number of certified conditions. Rather, they will base the non-economic award based on factors including:
- How severe is the 9/11-related condition?
- What type of medical condition does the claimant have?
What is the impact on the life of the claimant?
Under what circumstances can the Special Master exceed the cap for a September 11th Victim Compensation Fund award?
According to the September 11th Victim Compensation Fund, the following applies: ”If the victim has more than one type of cancer, the Special Master may issue an award that makes an adjustment above $250,000 to account for multiple cancers. Similarly, if the victim has cancer and severe non-cancer conditions, the Special Master may issue an award that makes an adjustment above $250,000 to account for multiple conditions.”
The circumstances under which the Special Master would adjust an award above the $250,000 include, for example, a case in which a claimant has several different certified cancers, or a severe non-cancer condition (such as 9/11-related emphysema or sarcoidosis). Under current September 11th Victim Compensation Fund guidelines, the maximum award in that case is $340,000.
How we can help maximize your compensation for multiple conditions
The skilled September 11th Victim Compensation Fund compensation attorneys at Weisfuse & Weisfuse, LLP have successfully helped clients get the best possible awards for multiple 9/11-relate conditions. To discuss your situation and learn more about how we may be able to help you, please call us at 212-983-3000 or contact us online to schedule a free consultation.
