The Zadroga Act claims are requests for compensation for injuries, illnesses or loss of earnings suffered by individuals exposed to toxins in the aftermath of the September 11, 2001 attacks. Claims may also be made by the families of victims who passed away from a 9/11-related condition.
Congress passed the legislation in 2010, opening the way for tens of thousands of responders involved in rescue and cleanup operations to benefit from medical and compensation benefits—as well as survivors who simply returned to live, study or work in the exposure zone.
For many thousands of eligible responders and survivors who have not yet claimed with the 9/11 Victim Compensation Fund (VCF), the process is not always straightforward and is often smoother with the help of a dedicated 9/11 lawyer.
The James Zadroga story
James Zadroga was a New York City Police Detective who served more than 450 hours during rescue and cleanup operations at Ground Zero.
After his heroic work, Zadroga developed a chronic cough, breathing difficulties, frequent headaches, and other health problems. Despite reporting his health problems to the NYPD, his claim was denied.
Soon, Zadroga became bedridden and required oxygen to breathe. However, doctors were unable to reliably diagnose his condition—or effectively treat it. Because Zadroga could not work, his family’s financial position suffered. He and his wife had a young baby daughter to care for.
In 2003, James Zadroga was diagnosed with Black Lung Disease but, sadly, his treatment came too late, and he passed away in 2006, at the age of 34.
The heartbreaking story of James Zadroga caught the attention of the nation. Many began to advocate for the rights of ordinary people who were severely affected by the “fallout” from the toxic dust cloud after the attacks.
After many years of pushing for recognition, the James L. Zadroga Health and Compensation Act was signed into law in 2010. This reopened the 9/11 Victim Compensation Fund, providing financial assistance for all of those impacted—not just responders but survivors too. Alongside the VCF, the WTC Health Program provides free medical monitoring and treatment for 9/11-related health conditions and injuries.
In 2019, the right to claim compensation was permanently extended until 2090 so that even those who were babies in 2001 could claim if they developed symptoms at any point later in life.
How a 9/11 attorney can help establish eligibility
Establishing eligibility for a VCF claim and estimating the compensation that victims are entitled to can be challenging. Nobody is required to have a lawyer to submit an application but a dedicated 9/11 VCF lawyer can assist with the process.
Based upon experience of previous Victim Compensation Fund claims, an attorney can also usually estimate compensation amounts for victims and help gather the necessary documentation and evidence to apply.
An attorney can also evaluate the illness, help obtain medical records, and substantiate claims by proving presence in the exposure zone during particular dates. Once the award has been received, the attorney can assess it for accuracy and advocate for amendments to the amount, if necessary.
It should be noted that under the terms of the Zadroga Act, an attorney’s fee is limited to 10 percent of the award.
Who can file a 9/11 VCF claim?
Anyone in the exposure zone at the World Trade Center, the Pentagon or the crash site of Flight 93 in Shanksville, Pa. in the aftermath of the attacks and who developed a related health condition or injury is eligible to file a VCF claim—as well as the families of people who lost their lives as a result of inhaling the toxic air.
This includes police, fire, and emergency personnel but also other types of responders, such as:
- NYC, state or federal employees
- National Guard members
- Sanitation and cleaning workers
- Transit workers
- Utility workers
- Volunteers from charities
Besides responders, survivors who were exposed to toxic chemicals on September 11, 2001, and in the months afterward can also claim. This includes:
- Employees in the area
- Residents south of Canal Street
- Visitors
- Adults and children in day-care facilities in the area
- Schoolchildren
- Anyone else who can prove exposure to the toxic dust cloud
Claims can be filed by personal representatives of eligible but deceased individuals, as well as by parents or guardians of minors.
How to file a Zadroga Act claim
Claims can be filed online by registering here or by mailing a PDF of the application form. A copy of the form is available by calling the VCF’s toll-free helpline at (855) 885-1555.
What documents do you need to file a claim?
VCF applicants must prove presence in the exposure zone between September 11, 2001, and May 30, 2002 (check here for the New York City exposure zone map) and evidence of a 9/11-related health condition or injury.
Responder claimants generally require two forms of documentation to prove presence in the exposure zone, including employer records, pay stubs, union records, personnel or agency rosters, site credentials, medical records, affidavits, etc.
Survivor claimants must also submit two forms of documents, such as employer records, pay stubs, utility bills or leases, rent or mortgage receipts, school or daycare records, medical records, affidavits, etc.
VCF claimants require evidence of one of the following types of 9/11-related injuries or health conditions:
- Cancers, including mesothelioma and over 70 others
- Acute traumatic injury, e.g., head trauma, burns, fractures, etc.
- Aerodigestive disorders, e.g., asthma, interstitial lung diseases, chronic obstructive pulmonary disease, chronic cough syndrome, gastroesophageal reflux disorder (GERD), sleep apnea, etc.
- Musculoskeletal disorders, such as carpal tunnel syndrome and low back pain (for responders only)
Injuries or physical conditions suffered by victims who have already been certified by the WTC Health Program require no further documentary evidence. However, if no WTC Health Program certification has been received, victims will first need to provide further evidence from an authorized physician.
A 9/11 claims attorney can help victims make sense of the claims process, maximize compensation, and prevent delays in receiving much-needed financial assistance.
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.
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