The World Trade Center Health Program and the September 11th Victim Compensation Fund work together to ensure eligible responders and survivors receive the monetary award to which they’re entitled for their 9/11 health conditions. Importantly, before the VCF can issue compensation, a claimant’s illness or cancer must be certified by the Program. If you spent time at Ground Zero or in the NYC Exposure Zone in the immediate aftermath of the terrorist attacks, it’s important to understand what qualifies as a 9/11-certified health condition and the process associated with certification.

What is a Certified 9/11 Health Condition?

A certified 9/11 health condition is an illness linked to exposure to the toxins in the dust cloud that covered lower Manhattan in the weeks and months following the terrorist attacks on September 11, 2001. These conditions are certified by the WTC Health Program and eligible for VCF compensation — as long as the necessary criteria are met.

The categories of 9/11-related health conditions that may be certified by the WTC Health Program and compensated by the VCF include the following:

• Aerodigestive disorders
• Respiratory illnesses
• All forms of cancer
• Acute traumatic injuries

In addition to certifying 9/11 health conditions for VCF compensation purposes, the WTC Health Program provides monitoring, treatment, and care to responders and survivors who have suffered 9/11-related illnesses at no cost to them. While the WTC Health Program also covers psychological conditions linked to the terrorist attacks, the VCF only compensates for physical illnesses and injuries.

How Are Health Conditions Certified?

In order to receive certification from the WTC Health Program for a 9/11-related health condition, a responder or survivor must meet the eligibility criteria and enroll in the Program. Notably, the WTC Health Program’s criteria are distinct from the VCF’s eligibility requirements. Once a claimant has been accepted into the Program, they must then make an appointment for an evaluation at one of the Program’s Clinical Centers of Excellence or through the Nationwide Provider Network. In limited cases, a claimant may go through the Private Physician Process — but the VCF must first approve the request.

Typically, an evaluation involves a medical history questionnaire, testing, a physical exam, and an assessment regarding 9/11 exposure. If a responder or survivor’s illness is on the list of WTC-related health conditions and their 9/11 exposure is substantially likely to have been a factor in causing, contributing to, or aggravating the condition, it may be certified. The Program doctor will complete the WTC-3 Certification Package and request that the Program certify the condition. Once a condition has been certified, the claimant may file a claim with the VCF — and receive treatment from the WTC Health Program.

What VCF Compensation Can a Responder or Survivor Receive for a Certified Health Condition?

An eligible responder or survivor who has been diagnosed with a certified 9/11 health condition may be entitled to compensation from the VCF for both the economic and non-economic losses they incurred. Economic losses can include loss of earnings, lost employment benefits, replacement services loss, and out-of-pocket expenses. Non-economic loss awarded by the VCF is also referred to as a pain and suffering award. It is meant to compensate a claimant for the physical and emotional impact their 9/11 illness had on their life and livelihood.

Under the Zadroga Act, a non-economic loss award for a non-cancer condition can range from $10,000 to $90,000, while an award for a 9/11 cancer condition is capped at $250,000. Each award is based on the severity of the claimant’s condition — rather than the number of certified conditions. However, the Special Master has the authority to exceed the statutory cap and award up to $340,000 to a claimant who has suffered multiple cancers or severe conditions.

Contact an Experienced 9/11 Victim Compensation Fund Attorney

If you are a 9/11 responder or survivor, it’s crucial to get the medical treatment you need from the WTC Health Program — and the compensation you deserve from the VCF. A skillful 9/11 VCF attorney can help you navigate the process of getting your health condition certified and filing a claim with the VCF. 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.