Possible Compensation For 9/11 Injuries
Each award is calculated individually. The final award includes noneconomic loss plus economic loss minus collateral offsets.
Noneconomic Losses Impact Daily Life
9/11 Compensation Fund will award money to compensate for noneconomic loss, also known as pain and suffering. Noneconomic loss awards are presumed amounts based on the type of illness claimed. The noneconomic loss award can be increased by presenting evidence of a significant effect on activities of daily living. For example, providing evidence of surgery or chemotherapy may increase the pain and suffering award.
The Type Of Condition Sets A Cap On Noneconomic Awards
According to VCF.gov, the maximum noneconomic award for any single type of cancer is $250,000, except skin cancer, which is in the range of $90,000. The maximum noneconomic award for any one type of noncancerous condition is $90,000.
Emphysema, interstitial lung disease (including asbestosis) and sarcoidosis are considered so severe that they will warrant the highest possible noncancerous award of $90,000 without the need for further documentation. However, there are limited exceptions where the $90,000 cap can be increased. Certain claimants with interstitial lung disease or other pulmonary illnesses suffer in the same way as a lung cancer victim. These claimants might require lung transplants or mechanical respiratory assistance on a daily basis. These claimants may receive the same award as someone with lung cancer.
Economic Losses Are Measurable But Complex
The 9/11 Compensation fund awards compensation for economic loss, including loss of earnings, out-of-pocket medical expenses, funeral expenses and household services.
Loss Of Earnings May Be Offset By Other Income
9/11 Compensation Fund awards compensation for loss of past and future earnings. The VCF will also compensate for loss of employment-related benefits, including pension programs, retirement contribution plans and health benefits. The VCF caps economic loss at $200,000 per year. The loss of earnings award is offset by pension, Social Security Disability (SSD) or private disability insurance.
To prove that your 9/11-related condition is or was disabling, the VCF may accept determinations made by SSD, workers’ compensation or a private disability insurer. Without SSD, the loss must be proven by tax returns or other business records, as well as medical documentation supporting disability. In a death claim, the loss of future earnings may be awarded where there is evidence that the death from an eligible condition resulted in compensable loss.
Without any prior disability determination, the VCF may accept applications based on a detailed evaluation by the victim’s treating physician. In certain circumstances, the VCF may permit a World Trade Center Health Program disability evaluation, upon request.
When A Loved One Dies, Compensation Is Unique
A death claim consists of the losses after the date of death with a presumed noneconomic loss of $250,000 plus $100,000 for the surviving spouse and for each additional dependent. There will be an additional award for the pain and suffering from the date of injury to the date of death.
Review Your Case With A Dedicated Lawyer
Serious illnesses and the types of damages they cause can be complicated. You can review your case with Weisfuse & Weisfuse, LLP, to determine the next step toward securing compensation. Call our attorneys at 212-983-3000 for a free consultation today.