9/11 Victim Compensation Fund (VCF)

At Weisfuse & Weisfuse, LLP, we stand as unwavering advocates for victims and survivors of the September 11th terrorist attacks in New York City. For nearly two decades, the impact of that fateful day continues to reverberate, with the number of lives lost steadily rising. In fact, it is sobering to realize that the number of cancer victims who have succumbed to illnesses linked to 9/11 exceeds the tragic toll of casualties on that day.

If you or a cherished loved one has suffered from a medical condition directly associated with your presence at the 9/11 disaster site, we urge you to take action and seek the legal support you deserve. As 9/11 attorneys at Weisfuse & Weisfuse, LLP, we have made it our mission to navigate the intricate landscape of the September 11th Victim Compensation Fund on behalf of our clients.

Compensation for September 11th World Trade Center Victims

Recognizing the need to compensate victims and their families, the U.S. Congress established the September 11th Victim Compensation Fund to provide financial compensation for those who suffered from aerodigestive disorders and cancers caused by the inhalation of toxic debris.
Other conditions covered by the September 11th Victim Compensation Fund include:

• Interstitial lung disease
• Obstructive airway diseases
• Upper airway inflammatory disorders
• Gastroesophageal reflux disorder
• Sleep apnea
• Musculoskeletal disorders

The list above is far from exhaustive. Here is the complete list of World Trade Center Health Program certified (and therefore eligible for VCF) health conditions and injuries. To qualify, victims must have been present in the disaster area for a sufficient period of time depending on their location and dates of presence. The New York City Exposure Zone includes all of Lower Manhattan, south of Canal Street from September 11th, 2001 through May of 2002.

All claims registered with the September 11th Victim Compensation Fund by July 29, 2021, are considered timely, regardless of the date of diagnosis. Those who do not register by July 29, 2021, may still register, so long as it is within two years from the date the victim knew the condition was 9/11-related. That clock begins ticking on the date of World Trade Center Health Program certification, or when any other federal or state entity informed the victim that their condition is 9/11-related. Anyone with questions about whether or not they are eligible to apply to the VCF should contact a VCF lawyer at Weisfuse & Weisfuse, LLP today.

Victims with a 9/11-related illness do not need to definitively prove that their condition was caused by 9/11. Evaluations of claims are based on the date of the onset of symptoms or date of diagnosis, as well as the nature and duration of the victim’s presence in the Lower Manhattan Exposure Zone.

The New York City Exposure Zone is all of Lower Manhattan, south of Canal Street from the Hudson River to the intersection of Canal Street and East Broadway, north on East Broadway to Clinton Street, and east on Clinton Street to the East River.

The sufficiency of exposure depends on the victim’s individual circumstances, including their location, nature of work, when they first arrived on site, and the duration of presence. A minimum number of hours present for cancer to develop is 4 hours or being directly in the dust cloud for any length of time.

If you have been diagnosed with any of the 69 types of cancers or respiratory illnesses that medical professionals at the WTC Health Program (WTCHP) have directly linked to the toxic dust at the World Trade Center (WTC), there is still time to pursue significant compensation.

To ensure eligibility for compensation from the Victim Compensation Fund (VCF), it is crucial to understand the application timeline. The deadline to apply is within 2 years from the date when a cancer or illness has been certified by the WTC Health Program or any other relevant governmental agency. It’s important to note that the 2-year period does not commence from the day of a cancer diagnosis. Rather, the countdown begins when a cancer survivor becomes aware that their cancer is associated with exposure to the toxic substances present at the WTC site.

For families who have tragically lost a loved one to a WTC-linked cancer or illness, the 2-year registration period begins on the day of the victim’s death.

Families & WTC Victims Who’ve Missed Their Claim Window

It is disheartening to acknowledge that many victims and widows were unaware of the filing deadlines, resulting in missed opportunities to submit their claims to the Victim Compensation Fund (VCF) or even failing to file altogether. However, there is renewed hope as the VCF has introduced a window of opportunity for these victims and their families to pursue their claims. Here’s what you need to know:

1. Ineligibility due to missed filing deadlines: If you were deemed ineligible by the VCF because you filed your claim after the designated filing deadline, you now have the right to revive and pursue your claim.
2. Pending appeals based on timeliness denials: If you currently have an appeal pending because your compensation was denied due to timeliness issues, there’s good news. The appeal becomes unnecessary and will be canceled. Instead, your claim will be reevaluated, and it is highly likely that it will be deemed eligible if you meet other requirements, such as being able to demonstrate that you or your family member were within the exposure zone.
3. Unfiled claims due to untimeliness: If you refrained from filing a VCF claim because you believed it would be considered untimely, you now have the opportunity to bring forth that claim.

Hiring an Attorney for your 9/11 claim

To successfully file a 9/11 Victim Compensation Fund (VCF) claim, you must provide comprehensive evidence of your presence in the exposure zone, the severity of your health condition, and any economic losses you’ve incurred. This documentation can include:

• tax returns,
• medical records,
• affidavits verifying your location during the attacks,
• out-of-pocket expenses,
• and insurance or pension information.

Navigating this complex process can be overwhelming, which is why having an experienced 9/11 attorney by your side is invaluable. It is worth noting the Victim Compensation Fund does not require you to hire an attorney to file a claim, but working with an experienced 9/11 attorney can help you navigate the complex application process and maximize your compensation.

A knowledgeable lawyer will ensure that all necessary documentation is submitted, and your eligibility is clearly established, helping you secure the full amount of compensation you’re entitled to. Unlike typical personal injury cases, where attorney fees can reach up to 40% of the settlement, VCF attorney fees are capped at 10%, allowing you to retain the majority of your award.