How To Prove That an Illness is 9/11-Related

To claim free medical monitoring, care, and compensation for a 9/11-related illness, a victim must prove that the condition was caused by exposure related to the September 11th attacks.

In some cases, this is relatively straightforward, as the World Trade Center Health Program (WTCHP) has recognized more than one hundred conditions as 9/11-related. However, proving one’s presence in the exposure zone during the eligible time period can be more challenging when seeking compensation from the September 11th Victim Compensation Fund (VCF).

While many victims choose to work with an experienced 9/11 claims attorney to help recover the compensation they deserve, understanding the evidence required to support a claim is an important first step.

In the aftermath of the 9/11 attacks, 400,000 to 500,000 responders, residents, employees, and students were exposed to unsafe levels of toxins from the dust cloud that hung over Lower Manhattan for months afterward.

The cloud included known carcinogens, such as asbestos, benzene, dioxins, and polychlorinated biphenyls (PCBs).

Many individuals have since developed adverse health conditions directly related to their exposure, including multiple types of 9/11 cancers, aerodigestive disorders, and mental health problems.

Most commonly, victims report health problems such as asthma, gastroesophageal reflux disorder (GERD), COPD, chronic rhinosinusitis, and cancers affecting the skin, kidneys, thyroid, breast, prostate, blood, lungs, and other areas of the body.

To claim free medical monitoring and treatment from WTCHP, as well as compensation for economic and non-economic losses from the VCF, victims must prove that they were present in the 9/11 Exposure Zone between the eligible dates.

This can be challenging, especially if required to do so now, almost 25 years after the attacks. Many claimants were working for an employer that no longer exists or were living in housing that is now home to new residents.

Victims who work with dedicated 9/11 claims lawyers can usually navigate these hurdles more easily. Experienced lawyers understand how to access difficult-to-find records and information that the general public may struggle to locate.

Typically, we use the following evidence to support claims of presence in the 9/11 Exposure Zone:

Employment records

Responders, cleanup volunteers, and individuals employed in a location close to the World Trade Center should contact their employers for a Third-Party Verification Form, pay stubs, personnel rosters, responder dispatch records, personal injury reports or police memo books, for example.

Residency records

Lease agreements, utility bills or other records can be used to demonstrate residence within the Exposure Zone during the eligible dates.

Student records

Anyone studying in the area during the eligible dates should obtain course attendance records or similar from their educational institution.

Medical records

Many responders and residents sought medical treatment at the time of the cleanup effort. Hospital, clinic, prescription or other records can be used as evidence of presence in the Exposure Zone.

Sworn witness statements

Affidavits or sworn declarations from at least two co-workers, friends or fellow residents can be used to confirm presence at Ground Zero or the surrounding areas immediately after the 9/11 attacks.

When we refer to the “9/11 Exposure Zone”, we mean Ground Zero and the surrounding areas. However, for the purposes of WTCHP registration and VCF claims, the area is specific and clearly defined, though there are slight variations in the definition between the two programs.

For VCF claims:

• The area in Manhattan south of the line that runs from south of Houston Street towards East Broadway, and
• North on East Broadway to Clinton Street, and
• East on Clinton Street to the East River, and
• Any area related to or along the routes of debris removal, such as the Fresh Kills landfill and barges.

The WTC Health Program defines the NYC Disaster Area as “the area of Manhattan south of Houston Street and any block of Brooklyn that is within a 1.5-mile radius of the former World Trade Center site.”

Claimants for cancer must have been present in the Exposure Zone for at least four hours or have been directly in the dust cloud for any length of time to claim.

To be eligible for financial compensation from the VCF, an individual must have been present within the New York City Exposure Zone between September 11, 2001, through May 30, 2002.

Eligible conditions must be recognized as 9/11-related by the CDC and diagnosed by the WTCHP or other recognized health provider. These conditions include over 70 types of cancer and many aerodigestive disorders.

While several mental health disorders are eligible for free medical screening and treatment from the WTCHP, they do not qualify for compensation from the VCF.

9/11-related aerodigestive illnesses

Cancer is probably the most publicized 9/11-related illness related to exposure to the toxic dust cloud. However, victims of many other non-cancer-related illnesses can claim compensation if the fund covers their condition.

In particular, many respiratory and digestive disorders caused by acute injuries from exposure to the WTC cloud qualify for support and compensation. These include:

• Chronic bronchitis
• Asthma
• Gastroesophageal reflux disease (GERD)
• Chronic laryngitis
• Chronic cough syndrome
• Chronic rhinosinusitis
• Interstitial lung disease
• Chronic obstructive pulmonary disease (COPD)

Reactive airways dysfunction syndrome (RADS)

Unlike cancer, which is eligible for compensation at any time during a 9/11 responder’s or survivor’s lifetime, all aerodigestive disorders except for interstitial lung disease must have shown symptoms within a certain timeframe of the last date of toxic exposure to be eligible for compensation.

Both the VCF and WTCHP have specific timelines for registering and filing claims, with some complex rules in place for deadlines varying between different conditions.

Also, be aware that despite the VCF making efforts in recent years to streamline its claims processes, it can take 17 to 20 months to receive awards.

Speak to a 9/11 claims lawyer if you are unsure whether your condition is covered or if you have questions or concerns about 9/11 claim timelines.

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.