Each responder and survivor who suffered an injury or developed an illness related to the 9/11 terrorist attacks has been uniquely affected. Many have suffered severe and debilitating health conditions that prevent them from working, spending time with family, or participating in activities they once enjoyed. They may also need to undergo extensive medical treatment for the rest of their lives. The VCF attorneys at The Dearie Law Firm can help ensure that you receive the maximum compensation you deserve for the pain and suffering you have endured as a result of your 9/11-related physical condition, illness, or disease.
A VCF award has two parts that are calculated separately: economic loss and non-economic loss. Economic loss covers financial harm such as lost earnings and benefits, and is explained on our 9/11 Economic Loss page. Non-economic loss, often called pain and suffering, compensates for the physical and emotional impact of a 9/11-related condition. This page explains how the non-economic portion is valued.
How are VCF Non-Economic Loss Claims Valued?
VCF non-economic loss claims for pain and suffering are determined by the type of physical condition you have and its impact on your daily life. The VCF considers each claim individually when determining compensation, including the harm to the victim, the facts surrounding the claim, and any circumstances specific to the claimant. Significantly, compensation is not determined by how many conditions a responder or survivor has, but the severity of each, based on the WTC Health Program certification.
VCF non-economic loss claims are calculated separately from economic loss claims — which are monetary damages related to lost earnings and benefits. Under the Zadroga Act, non-economic loss awards are meant to compensate responders and survivors for:
● Physical pain
● Emotional pain and suffering
● Inconvenience caused by the condition
● Physical impairment
● Mental anguish resulting from the illness or injury
● Loss of enjoyment of life
● Loss of companionship
● Injury to reputation due to the injury or illness
● Any other non-economic damages
Certification from the WTC Health Program is the only documentation necessary to support a VCF claim for non-economic loss — in these cases, the VCF will issue compensation at the low end of the applicable range for that particular condition. However, sometimes 9/11-related health conditions are more severe than indicated by the WTC Health Program certification. If your condition substantially impacts your daily life, providing additional medical documentation may result in an increase to your economic loss award.
What are the VCF non-economic loss ranges?
Non-economic loss awards are set by the type of condition and its severity. For non-cancer conditions, the VCF issues awards ranging from $10,000 to $90,000. For cancer conditions, awards range from $90,000 to $250,000. The $250,000 figure is the statutory cap for a single cancer. In limited cases involving multiple severe conditions, the Special Master may exceed that cap, and the highest amount allowable for multiple severe conditions is $340,000.
Non-Economic Loss Compensation for 9/11-Related Health Conditions
The VCF issues non-economic loss awards ranging between $90,000 and $250,000 for cancer conditions. The amount of compensation is determined by the type of cancer and medical evidence concerning whether it has spread to other parts of the body and presents permanent complications.
While the Zadroga Act only permits compensation up to $250,000 for a single cancer, the Special Master may exceed this statutory cap if the claimant suffered from more than one eligible cancer condition — or had a severe non-cancer condition in addition to a cancer diagnosis.
VCF non-economic loss claims for conditions other than cancer may be compensated between $10,000 and $90,000, depending on the severity of the illness. However, certain non-cancer conditions are identified as “presumptively severe and debilitating” by the Special Master — emphysema, interstitial lung disease, asbestosis, and sarcoidosis are compensated at the highest allowable amount for non-economic loss.
Which Conditions Receive the Highest Non-Economic Award Automatically?
Certain non-cancer conditions are designated by the VCF as presumptively severe and debilitating, and are compensated at the $90,000 maximum for a non-cancer without additional medical documentation, provided they are certified by the WTC Health Program. These conditions include emphysema, interstitial lung disease, asbestosis, and sarcoidosis.
The VCF also assigns baseline values to some cancers. The baseline award for prostate cancer is $200,000. That amount can rise toward the $250,000 cap when medical records show permanent complications, recurrence, or metastasis. Temporary complications, such as those common after prostate surgery, do not typically increase the award.
What Documentation Supports a Higher Non-Economic Loss Award?
When certification alone is provided, the VCF issues compensation at the lower end of the applicable range. To support a higher award for a condition that substantially affects daily life, recent medical documentation is reviewed, generally from within three years of the claim submission. Helpful documentation includes records showing the type and frequency of treatment, such as hospitalizations, surgeries, and emergency care, along with recent test results such as imaging, sleep studies, and diagnostic procedures.
One note of caution: additional conditions should be certified by the WTC Health Program only when needed for treatment, not solely to demonstrate severity for a larger award.
VCF Non-Economic Loss Claims for Deceased Victims
The spouse and dependents of a 9/11 responder or survivor who passed away as a result of their 9/11-related health condition are entitled to compensation from the VCF for their loss. The Zadroga Act allows a non-economic loss award of $250,000 for an eligible victim and an additional $100,000 for the victim’s spouse and each of their dependents.
When a responder or survivor has passed away, non-economic loss is handled through a deceased claim with its own structure and presumed amounts. That process is covered on our Wrongful Death Non-Economic Loss page.
Contact a New York City 9/11 Victim Compensation Fund Attorney
If you are a 9/11 responder or survivor who developed cancer or another health condition due to exposure to the toxic dust cloud — or you lost a loved one as a result of a 9/11-related illness — you may be entitled to receive compensation for your economic and non-economic loss from the September 11th Victim Compensation Fund. The 9/11 Victim Compensation Fund attorneys at The Dearie Law Firm, P.C. have successfully represented thousands of responders, survivors, and their families in 9/11 VCF claims for over a decade. Contact us for a consultation.