How Pentagon Workers Should File a 9/11 VCF Claim

Most people associate the September 11th Victim Compensation Fund (VCF) and the WTC Health Program with events in New York City on 9/11.

However, workers at the Pentagon and the Shanksville sites were also greatly impacted by the attacks and the aftermath of the attacks, during the rescue, recovery, and cleanup efforts.

Employees, responders, and survivors at the Pentagon site suffered injuries and associated health conditions after the crash of American Airlines Flight 77, and may be eligible for compensation from the VCF.

However, only in recent years have changes in legislation allowed many victims previously excluded from filing claims to seek compensation from the VCF.

Let’s consider who can now claim and how eligible Pentagon workers should navigate the VCF claims process.

Until 2024, coverage for responders by the VCF was limited to those actively working at the site in the aftermath of the crash.

Many military personnel and federal employees who were simply doing their jobs at the site, rather than acting as responders in a traditional law enforcement or cleanup capacity, were excluded from coverage under the WTC Health Program and were ineligible for VCF compensation.

However, under the National Defense Authorization Act (NDAA) for Fiscal Year 2024, the following workers at the Pentagon are now covered by the fund:

• Active-duty military (including those stationed at the Pentagon at the time).
• Retired responders and Reserve members.
• Civilian employees of the Department of Defense (DOD) or any other federal agency.
• DOD contractors and other federal contractors/subcontractors.

Under the new Zadroga Act definitions, almost any Pentagon worker who has developed a 9/11-related cancer, respiratory condition, or gastrointestinal illness can claim free health care and monitoring under the WTC health Program, as well as VCF compensation.

Family members of Pentagon workers who died from a 9/11-related condition are also eligible for compensation through the VCF.

Pentagon workers who were present at the crash site during the eligible dates should register with the WTC Health Program and VCF as soon as possible, regardless of whether they currently suffer from a 9/11-related health condition.

The registration or enrollment process with the WTC Health Program can be completed online, by fax, or by mail.

Registrants must submit proof of presence at the crash site or the surrounding area affected by the attacks at any time between September 11, 2001, and May 30, 2002 (no minimum time requirement applies).

Once accepted, individuals are enrolled for free health monitoring. Those who later develop a 9/11-related health condition can receive certification from a WTC Health Program doctor.

This allows the necessary treatment and follow-up care for the condition and enables a smoother process for claiming compensation from the VCF.

Registration with the VCF involves a relatively simple online form. This must be completed before the registration deadline, which is generally two years from the date of the issuance of the last WTC Health Program certification.

Eligible individuals who register early with the WTC Health program and VCF have the peace of mind of knowing that if a 9/11-related condition surfaces in later years, they’re covered.

In addition to the scores of Pentagon workers who died on September 11th, individuals were exposed to toxic substances, including:

• Jet fuel
• Asbestos
• Heavy metals
• Glass fibers
• Other hazardous materials from the explosion and subsequent fire.

Many survivors and responders present at the Pentagon on the day and in the aftermath have experienced a range of physical and mental health conditions associated with exposure to these toxic substances. These include:

• Cancer: Over 70 types of cancer are linked to 9/11, especially skin cancer, breast cancer, prostate cancer, and respiratory/gastrointestinal cancers.
• Respiratory conditions: Chronic respiratory issues, such as asthma, chronic obstructive pulmonary disease (COPD), interstitial lung disease, and obstructive sleep apnea.
• Mental health disorders: PTSD, anxiety, depression, and other mental health conditions.
• Musculoskeletal disorders: Injuries leading to long-term musculoskeletal problems.

Any survivor or responder suffering from these conditions can register with the WTC Health Program for free medical care and monitoring, plus compensation from the VCF.

It should be noted, however, that while the Health Program treats mental health, the VCF currently only provides financial compensation for certified physical conditions.

Individuals who worked at the Pentagon should file a claim with the VCF if:

• They have developed a 9/11-related health condition.
• They are seeking compensation for financial losses and the impact on their life (economic and non-economic losses).

Family members of Pentagon workers who died from a 9/11-related health condition can also benefit from a wrongful death claim with the VCF.

Many Pentagon workers and their families rely on the VCF support to relieve the economic impact of their losses. Awards include payments for economic losses, such as lost wages and any out-of-pocket medical expenses, as well as for pain and suffering and the impact on quality of life.

Registration and enrollment with the WTC Health Program and VCF, as described above, are essential first steps for Pentagon workers.

To make a VCF claim is considerably more involved. They need to submit an application with supporting evidence, showing a certified 9/11-related condition via medical records and proof of presence in the exposure zone between the eligible dates.

Proof can be challenging for victims who have only just had a condition certified, well over two decades after the attacks. Many claimants hire a 9/11 VCF lawyer to guide them through the legal steps required to maximize compensation.

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