Economic Loss Damages Under the 9/11 Victim Compensation Fund

Economic Loss Damages Under the 9-11 Victim Compensation Fund with Weisfuse & Weisfuse LLP

The September 11th Victim Compensation Fund (VCF) provides financial compensation to eligible individuals who have suffered from 9/11-related health conditions. One of the key components of a VCF award is economic loss damages, which may include lost income, diminished earning capacity, lost employment benefits, and other out-of-pocket expenses tied to a certified condition. Calculating these losses can be complex, but working with an experienced 9/11 VCF attorney can make all the difference.

At Weisfuse & Weisfuse LLP, we help 9/11 survivors and responders navigate the claims process and pursue the maximum compensation they deserve. If you believe you may be eligible, contact us today for a free consultation to discuss your case.

What Types of Economic Losses Are Covered by the 9/11 Victim Compensation Fund?

The 9/11 Victim Compensation Fund (VCF) defines economic losses as measurable financial losses directly related to a certified 9/11-related illness, injury, or death. These losses typically fall into five key categories:

  • Out-of-pocket medical or treatment expenses tied to a 9/11-related condition
  • Lost wages or income due to the inability to work caused by a qualifying illness
  • Loss of fringe benefits, such as health insurance or retirement contributions, previously provided by an employer
  • Costs to replace household services, like childcare or cleaning, that the injured person can no longer perform
  • Funeral or memorial expenses in cases involving a deceased claimant

Unlike non-economic losses—such as pain and suffering—economic losses are often easier to quantify, but still require detailed documentation and accurate calculations.

At Weisfuse & Weisfuse LLP, we help clients build strong claims that fully account for every eligible expense. With awards ranging from thousands to millions of dollars, it’s critical to get expert guidance to ensure you’re not leaving compensation on the table. Contact us for a free consultation to discuss your case.

Claimants can receive reimbursement for past out-of-pocket medical expenses paid as a result of one or more eligible conditions. This includes any approved medical expenses in excess of $5,000 paid before the WTC Health Program certified a condition as applicable for treatment.
Many individuals have missed work due to a 9/11-related condition and this loss can also be compensated. Lost wages can be supplemented by a claim for the loss of benefits, including pension programs, retirement contribution programs, 401(k) match, health benefits, plus any other employer- or union-provided benefits.

For deceased claimants, the family can claim for the past and future loss of wages/earnings with the VCF.

When a service that the victim used to regularly perform needs replacing due to death or, in some cases, after a 9/11-related injury or condition, the value of the services can also be compensated.

Some typical examples include cleaning, cooking, child care, home maintenance/repairs, and financial services.

In most cases, this loss is compensated only after death but if an injured or sick person did not work or worked only part-time and performed the service as part of their routine, it may also be compensated by the VCF.

Out-of-pocket expenses associated with a burial or memorial for victims who died as a result of an eligible 9/11-related condition can also be compensated by the VCF.

This claim must be submitted with the initial claim submission. Documentation of expenses covered by any life insurance or another similar source should also be declared.

Prior and future economic losses related to 9/11

9/11 economic losses refer to both past and future losses. An individual with cancer and unable to work, for instance, can receive a payment that covers lost earnings and benefits in the past as well as lost earnings and benefits in the future.

Prior losses cover financial losses suffered by the victim from the time of the 9/11 attacks up until the present day.

Examples include:

  • Lost wages
  • Lost employer-provided benefits
  • Pension losses/reductions
  • The loss of medical insurance
  • Out-of-pocket medical expenses
  • Any other expenses related to the victim’s 9/11-related condition or death

Future losses cover financial losses likely to be suffered by a victim of the 9/11 attacks during the remainder of their lives, including:

  • Future lost wages
  • Future lost employer-provided benefits
  • Reduced pension losses
  • The loss of medical insurance
  • The total future value of expenses related to the victim’s 9/11-related condition or death

How to document economic loss damages

When a claim is made to the VCF by an individual with a 9/11-related condition, it is essential to substantiate it with detailed and documented proof of losses. It’s easy for claimants to miss benefits that they are entitled to claim, reducing the total amount of compensation awarded.

Sometimes, this amount is reduced by hundreds of thousands of dollars because of an omission or mistake.

A comprehensive claim that is properly prepared identifies the complete value of lost wages, fringe benefits, pensions, and more.

Legal assistance from a 9/11 compensation attorney can help claimants prevent mistakes and omissions and secure the maximum compensation possible.

What non-economic losses can be claimed from the VCF?

Non-economic damages are compensation received for intangible losses that are more challenging to assign a dollar figure to. There are no receipts or invoices for such losses but they may have severely impacted the quality of life.

Usually, economic and non-economic damages are awarded together in a claim. However, non-economic damages may be available for victims even if they have not suffered substantial economic damages (such as inability to work) as a result of their 9/11-related condition.

These damages essentially compensate for pain and suffering associated with a physical health condition, including:

  • Chronic pain
  • Emotional distress
  • Loss of enjoyment of life
  • inability to function normally

Guidelines and limits for financial awards are outlined by the VCF for 9/11 victims who wish to claim non-economic losses. These are as follows:

  • Non-economic damages associated with a cancer-related condition are capped at $250,000.
  • Non-economic damages associated with a non-cancer-related condition are capped at $90,000.
  • For purposes of calculating economic loss, the VCF caps Annual Gross Income at $200,000 for each year of loss.

Claimants can maximize both non-economic awards and economic losses with the assistance of a seasoned 9/11 attorney.

To discuss your situation and learn more about how we may be able to help you, please call Weisfuse & Weisfuse, LLP at 212-983-3000 or contact us online to schedule a free consultation.

Jason Weisfuse New York 9/11 VCF Lawyer

About Jason Weisfuse –
9/11 Victim Compensation Fund Attorney

About Jason Weisfuse –
9/11 Victim Compensation Fund Attorney

Jason E. Weisfuse is a seasoned 9/11 cancer attorney and managing partner at Weisfuse & Weisfuse, LLP, a New York City-based law firm dedicated to representing individuals affected by the September 11th attacks. Since the establishment of the September 11th Victim Compensation Fund (VCF), Jason has been instrumental in assisting first responders, survivors, and families in securing the compensation and medical benefits they deserve.​

With a Juris Doctor from New York Law School (2009), Jason brings extensive experience regarding the 9/11 Victim Compensation Fund to his practice. His deep understanding of the VCF and the World Trade Center Health Program (WTCHP) has enabled him to navigate complex claims processes effectively, resulting in substantial awards for his clients.​

Jason’s commitment to the victims in the 9/11 community is evident through his active involvement in professional organizations such as the New York State Trial Lawyers Association and the American Association for Justice. He has also contributed to legal discourse with publications in the New York Law Journal, reflecting his dedication to legal excellence and advocacy.​

At Weisfuse & Weisfuse, LLP, Jason continues to provide compassionate and knowledgeable representation, ensuring that those affected by 9/11 receive the support and compensation they are entitled to.

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