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Is it Too Late to File a VCF Claim for My Respiratory Illness?

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Many 9/11 responders and survivors have developed respiratory illnesses as a result of inhaling the toxins in the dust cloud that covered Lower Manhattan in the aftermath of the terrorist attacks. Critically, these health conditions can significantly impact your life and livelihood. If you were diagnosed with a 9/11 respiratory condition linked to the NYC Exposure Zone, you may still be able to file a claim with the September 11th Victim Compensation Fund.

What Respiratory Illnesses Does the VCF Compensate?

The toxic dust at Ground Zero and in the NYC Exposure Zone in the weeks and months after 9/11 contained thousands of carcinogens and chemicals that lodged into the airways and respiratory tracts of those who were present. Importantly, the VCF compensates responders and survivors for a wide variety of respiratory conditions linked to the contaminants in the 9/11 dust cloud. Some of the respiratory conditions recognized by the VCF include the following:

  • Chronic cough
  • Chronic rhinosinusitis
  • Chronic laryngitis
  • Asthma
  • Sleep apnea
  • Interstitial lung disease
  • Gastroesophageal reflux disorder (GERD)
  • New on-set chronic obstructive pulmonary disease (COPD)
  • WTC-exacerbated COPD
  • Upper airways hyperreactivity
  • Reactive airway dysfunction syndrome (RADS)
  • Chronic respiratory disorder
  • Chronic nasopharyngitis

Before filing a VCF claim, you must have your health condition certified by the WTC Health Program as being 9/11-related. While this entity is separate from the VCF, they work closely together. Both programs help ensure those who are eligible can get the medical monitoring and treatment they need — and obtain certification for their illnesses in order to obtain the monetary award they deserve.

When is the Latest I Can File a Claim for My 9/11 Respiratory Illness?

If you’ve been diagnosed with a 9/11 respiratory illness, it is not too late to file a claim. Eligible responders and survivors have until October 1, 2090, to submit a claim for a VCF award under the Zadroga Act. However, it’s important to understand that you must register with the VCF as a prerequisite to filing a claim. The registration deadline is distinct from the claim filing deadline and is different for each person based on the specific facts and circumstances of their case.

The registration deadline will depend upon when the respiratory condition was determined to be 9/11-related. For instance, if your illness was certified by the WTC Health Program before July 29, 2019, you would have needed to register with the VCF by July 29, 2021. If you were certified after July 29, 2019, you have two years from your latest WTC Health Program certification date to register with the VCF. The VCF will consider all claims that have been registered on time.

VCF Awards for 9/11 Respiratory Illnesses

A VCF award for a respiratory illness comes in two separate parts — you may be entitled to recover for both the economic and non-economic losses you suffered as a result of your 9/11-related respiratory illness. The economic loss portion of an award compensates for loss of earnings, lost benefits, and out-of-pocket medical costs. A non-economic loss award, also referred to as “pain and suffering,” compensates for the impact of the illness on your daily life. Although the amount of non-economic loss is based on the severity of the condition, the amount awarded can range from $10,000 to $90,000.

Contact an Experienced 9/11 VCF Attorney

If you are a responder or survivor who was diagnosed with a respiratory condition related to 9/11, you may be entitled to file a claim with the VCF. A skillful VCF attorney can guide you through the claim filing process and help you obtain the maximum compensation you deserve. The 9/11 Victim Compensation Fund attorneys at The Dearie Law Firm, P.C., have represented claimants and their families in 9/11 VCF claims for over a decade. For a free consultation, contact us today.

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