If you or a loved one suffered an injury or have been diagnosed with an illness because of the September 11, 2001 terrorist attacks, you may be entitled to compensation through the September 11th Victim’s Compensation Fund (VCF) Claim System. The September 11th Victim’s Compensation Fund is a monetary fund created after the terrorist attacks in New York City, the Pentagon, and Shanksville, Pennsylvania. The fund’s purpose is to compensate those individuals who were injured or sickened as a result of the attacks and/or the aftermath. Personal representatives of individuals who died as a result of the attacks may also be eligible for compensation.

According to the September 11^th Victim’s Compensation Fund, parties eligible for compensation include:

…individuals (or a personal representative of a deceased individual) who were “present at the World Trade Center or the surrounding New York City Exposure Zone; the Pentagon crash site; and the Shanksville, Pennsylvania crash site, at some point between September 11, 2001 and May 30, 2002, and who have since been diagnosed with a 9/11-related illness.

No. The September 11th Victim’s Compensation Fund provides compensation to first responders as well as anyone who “worked or volunteered in construction, clean-up, and debris removal;” and people who lived, worked, or attended school in the exposure zone.

The New York City Exposure Zone encompasses the specific parts of lower Manhattan and other areas of New York City in which people may have been exposed to toxins following the September 11 terrorist attack. Per the September 11^th Victim’s Compensation Fund, the area is defined as:

• Manhattan south of the line that runs along Canal Street from the Hudson River to the intersection of Canal Street and East Broadway
• North on East Broadway to Clinton Street
• East on Clinton Street to the East River
• Any area related to or along the debris-removal routes, including barges and Staten Island’s Fresh Kills landfill

The deadline to file a claim with the September 11th Victim’s Compensation Fund is now October 1, 2090.

In July 2019, the “Never Forget the Heroes, James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim’s Compensation Fund Act” was signed into law. This extended and fully funded the September 11th Victim’s Compensation Fund to “pay all eligible claims and extended the claim filing deadline to October 1, 2090.”

The September 11th Victim’s Compensation Fund claims process is two-fold and begins with establishing your eligibility. After submitting the completed eligibility form, registration information, and all supporting documents including signed attestations, certifications, and exhibits, the September 11th Victim’s Compensation Fund eligibility review process begins.

The September 11th Victim’s Compensation Fund will send you or your attorney an eligibility form acknowledgement letter confirming that your claim has been received. The letter will also include your claim number. This letter does not mean that you have been deemed eligible; it only signifies that your claim has been submitted and is under review to determine eligibility.

September 11th Victim’s Compensation Fund Eligibility Review Process

After acknowledging your claim, the September 11th Victim’s Compensation Fund will begin the multi-step eligibility review process.

• Document Review and Confirmation of Certified Physical Health Condition – Your eligibility form and supporting documents will be reviewed and if everything is in order, the September 11^th Victim’s Compensation Fund will then request and receive information from the World Trade Center (WTC) Health Program. Per the Zadroga Act, the WTC Health Program must confirm if you have been certified for treatment for an eligible physical condition.Once the September 11^th Victim’s Compensation Fund receives a response from the WTC Health Program, the process moves to the next step – confirmation from the WTC Health Program that you have been certified for an eligible physical condition. This is a critical step in the eligibility process. If the WTC Health Program does not have a record of you, or if the WTC Health Program states that you do not have a certified physical condition, the September 11^th Victim’s Compensation Fund will reach out to you directly for information from the private physicians treating your conditions. This information must be supplied in order for the eligibility process to continue.
• Verification of Your Presence in the NYC Exposure Zone – Once it is confirmed that you have a certified physical condition, the September 11^th Victim’s Compensation Fund then moves to verify your presence at a crash site or debris removal area. In New York City, this is confirmation that you were in the NYC Exposure Zone between September 11, 2001 and May 30, 2002. The September 11^th Victim’s Compensation Fund will contact organizations such as the Fire Department of New York (FDNY), New York Police Department (NYPD), private employers, schools (if you were a student at the time), and other third parties to confirm your presence in the NYC Exposure Zone. You may also be asked to provide personal statements from co-workers or other individuals as evidence that you were in the NYC Exposure Zone between September 11, 2001 and May 30, 2002.
• Confirmation of No Active 9/11-Related Lawsuit – In the final step before making a decision regarding your eligibility, the September 11^th Victim’s Compensation Fund will confirm that if you were a party to a 9/11-related lawsuit, the lawsuit was settled, withdrawn, or dismissed. Anyone with an active 9/11-related lawsuit is not eligible to receive compensation from the September 11^th Victim’s Compensation Fund.

Once this process is complete, the September 11^th Victim’s Compensation Fund will send an eligibility decision letter stating its decision regarding your eligibility and explaining the next steps in the claims process. This includes information on how to appeal the decision if your eligibility was denied.

September 11^th Victim’s Compensation Fund Claims Review Process

If the September 11^th Victim’s Compensation Fund has determined that you are eligible for compensation, you will submit a compensation form and supporting documents and the claims review process will then begin:

• Review of Compensation Form and Supporting Documents – The September 11^th Victim’s Compensation Fund will review your claim to assess the financial impact of your 9/11-relation conditions. This includes any loss of income, your out-of-pocket expenses, and how the condition has affected your overall quality of life. The September 11^th Victim’s Compensation Fund will confirm that your documentation is in order and that all necessary forms and signatures have been submitted.
• Calculation of Your Economic Loss – In this stage of the claims process, the September 11^th Victim’s Compensation Fund will review all of the documentation you submitted regarding the financial impact of your 9/11-related condition. This includes all supporting information regarding past expenses (invoices, receipts, etc. detailing the amounts you paid out of pocket), future lost income (evidence that you are unable to work as you did before your condition, proof of your pre-disability wages, documentation of benefits you no longer receive), and replacement services (proof that your 9/11-related condition is keeping you from performing services you previously performed, and what invoices or receipts demonstrating the cost of those services).
• Assessing Your Non-Economic Loss – The September 11^th Victim’s Compensation Fund will consider the pain and suffering you have endured due to your 9/11-related condition. This includes how the injury has affected your ability to work and your overall quality of life.
• Determine Collateral Offsets – If you received any payments from life insurance, pensions, settlements from 9/11-related lawsuits, or payments from government entities, the Zadroga Act requires the September 11^th Victim’s Compensation Fund to deduct those amounts from the total amount of compensation. The September 11^th Victim’s Compensation Fund will confirm your receipt of these payments and the total amount, and then subtract that from your compensation amount.
• Substantially Complete Decision – After the September 11^th Victim’s Compensation Fund confirms the receipt of all information necessary to calculate your compensation, your claim will be deemed “Substantially Complete.” You will receive written notice of this step in the claims process, and the 120-day period during which the Special Master determines your compensation amount will begin. Your compensation determination will be issued within those 120 days. The September 11^th Victim’s Compensation Fund will send you a letter outlining the financial breakdown of each aspect of your claim, including your economic loss, non-economic loss, collateral offsets, and the total amount of your loss calculation. The letter will also detail your payment information and include instruction on how to appeal the loss amount.

If you disagree with the compensation amount determined by September 11^th Victim’s Compensation Fund, you may submit an appeal.

Applying for compensation from the September 11^th Victim’s Compensation Fund can be a complicated process. It is imperative that you submit the correct information and supporting documentation within the required timeframe. Failure to adhere to these deadlines, or to supply full or accurate documentation, may result in denial of your eligibility claim or a lower compensation payment than you deserve. An experienced 9/11 fund lawyer like the attorneys at Weisfuse & Weisfuse, LLP can help. Call us at 332-239-6188 or complete our contact form today to schedule a free consultation with our 9/11 fund lawyers.