Effective January 18, 2023, all forms of uterine cancer have been added to the list of WTC-related conditions, including endometrial cancer. These types of cancer are the first that have been added to the registry in a decade. The decision follows more than a year of research, discussion, and public conversation. As a result of the rule change, female responders and survivors who have been diagnosed with uterine cancer are able to receive health treatment from the WTC Health Program — and a monetary award from the September 11th Victim Compensation Fund.
What Does the Rule Change Mean for 9/11 Responders and Survivors?
Due to the rule change, the condition known as “malignant neoplasms of corpus uteri and uterus” has been added to the list of WTC-related health conditions. Commonly known as uterine cancer, the WTC Health Program proposed adding the form of cancer to the list of eligible health conditions last May.
After going through a public review for 45 days, it was expected that the condition would be added to the list by the beginning of June. However, according to the National Institute for Occupational Safety and Health, the decision was delayed to undergo an independent review. While there were no scientific challenges when adding the condition, several administrative hurdles stalled the process. But now, eligible female responders and survivors who have been diagnosed with the condition can access the benefits provided by both the WTC Health Program and the VCF.
Significantly, more than 26,000 WTC Health Program members are women. Because the WTC Health Program acknowledges that the condition is linked to the toxic dust cloud in the NYC Disaster Area, it will now provide life-saving treatment to eligible female responders and survivors who have been diagnosed with this form of cancer — along with all other types of cancers — free of cost. A victim who has developed 9/11-related uterine cancer may also be entitled to receive monetary compensation from the VCF.
Uterine Cancer and VCF Compensation
A VCF award is divided into two parts: economic loss and non-economic loss. Specifically, economic loss is meant to compensate eligible responders and survivors for the loss of earnings, employment benefits, out-of-pocket expenses, and replacement services loss incurred in connection with a 9/11-related cancer or health condition.
Non-economic loss is meant to cover the non-monetary losses a responder or survivor suffered. Also known as a “pain and suffering” award, the noneconomic loss is awarded to eligible responders and survivors in the range of $90,000 to $250,000 for cancer conditions. The award amount issued by the VCF will depend upon the severity of the condition and the impact it has on the victim’s everyday life and livelihood.
Critically, the VCF does not necessarily issue higher awards based on the number of conditions with which a victim may have been diagnosed. However, the VCF may sometimes issue an award amount above the statutory cap for multiple cancer conditions, or if a cancer condition was diagnosed in addition to a severe non-cancer condition.
Contact an Experienced 9/11 Victim Compensation Fund Attorney
If you are a 9/11 responder or survivor diagnosed with uterine cancer linked to the dust cloud, you may be entitled to compensation from the VCF. It’s essential to have a knowledgeable VCF attorney who can help you navigate the claims process and ensure you secure the maximum compensation you deserve.
The 9/11 Victim Compensation Fund attorneys at The Dearie Law Firm, P.C. have represented VCF claimants and their families for over a decade. For a free consultation, contact us today.