Likewise, any family member of a person who died as a result of the attacks or the cleanup effort that followed might be able to file a claim on behalf of his or her loved one.
Originally, the VCF ended in 2004, but President Obama reactivated the benefits of the program in 2011 through the James Zadroga 9/11 Health and Compensation Act of 2010. As of October 2011 through the filing deadline of December 28, 2020, individuals have the option of submitting claims related to the injuries they suffered on September 11, 2001, or in the time following while they participated in cleanup activities and for the medical care needed as a result of those injuries.
Additionally, the Zadroga law updated the compensation fund’s policies and procedures for claim evaluation and for calculating a claimant’s loss. Victims who file a claim can request reimbursement for past out-of-pocket medical expenses you have paid as a result of your eligible condition.
Cancer and the September 11 Victim Compensation Fund
If you or a loved one has been diagnosed or succumbed to cancer that can be linked to the 9/11 attacks or cleanup efforts that followed, compensation might be available.
The original version of the Zadroga Act did not include cancer as a covered condition but was updated in 2012 to include several types of cancers believed to be linked to the events of September 11, 2001.
An overview of the types of cancers included as Covered Conditions is as follows:
- Head and Neck
- Childhood Cancers
- Rare Cancers
- Digestive System
- Female Reproductive Organs
- Malignant neoplasm of ovary
- Urinary System
- Eye & Orbit
- Thyroid
- Blood & Lymphoid Tissue
- Mesothelioma
- Soft Tissue
- Skin
- Other malignant neoplasms of skin Scrotum
- Melanoma
- Breast
Other Injuries that Could Be Compensated via the VCF
Medical issues that might be covered under the VCF include:
- Lung diseases
- Respiratory disorders, including asthma
- Reactive Airways Dysfunction Syndrome (RADS)
- COPD that was exacerbated by involvement in 9/11 or the cleanup efforts
- Chronic cough syndrome
- Upper airway hyper-reactivity
- Breathing and sinus problems
- Chronic laryngitis
- Gastro-Esophageal Reflux Disorder (GERD)
- Sleep apnea exacerbated by involvement in 9/11 or the cleanup efforts
- Lower back pain
- Carpal Tunnel Syndrome (CTS)
- Some musculoskeletal disorders
- Traumatic injuries
This is a general list of illnesses, injuries, and conditions that are covered by the VCF. It’s important to speak to someone who understands the compensation fund and what it can provide in order to assess your individual situation. For a more specific breakdown of conditions covered by the Victim Compensation Fund.
How Do I File a Claim with the Victim Compensation Fund?
Filing a claim for September 11 victim compensation can be complicated. There are a number of issues you need to address and victims who fail to file properly could be at risk for having their claim denied. An attorney might be able to assist you with understanding the process better and filing your claim.
I Want to File a Claim but I’m Concerned about My Medical Privacy
It’s understandable why some 9/11 victims might be concerned about sharing personal medical information regarding their injuries and illnesses or details regarding the loss of a loved one with the government.
The Victims Compensation Fund does not receive copies of the medical records of claimants as part of its information-sharing agreement with the WTC Health Program. The VCF only receives information that is used to determine whether a claimant has an eligible, certified condition. Once the WTC Health Program certifies a claimant’s condition, no additional medical records are needed.
If your condition is not on the list of conditions approved by the VCF for compensation, there is still a chance you could file a claim if your condition is severe and significantly impairs activities of daily living. In this case, additional medical documentation might be required.
When is the DEADLINE to File a Claim with the 9/11 Victims Compensation Fund?
The deadline to file is December 18, 2020.
Furthermore, you have until this same date to amend any existing claim to include a new condition. If you fail to file by this date you risk not receiving compensation. If you are filing on behalf of a loved one, the deadline is two years from the date of death. This deadline does not change based on whether the government determined your loved one’s cause of death was or was not directly related to the events of September 11, 2001.
An attorney can help you be aware of the deadlines and assist you in meeting our obligations.
Contact us to learn more.