An award issued by the September 11th Victim Compensation Fund has two parts — economic loss and non-economic loss. While economic loss is straightforward and easy to quantify, non-economic loss is more subjective; it takes into consideration how a responder or survivor is uniquely impacted by their 9/11-related illness. It’s important to understand what non-economic loss award you may be entitled to receive for your condition and how your compensation might be increased.
What is Non-Economic Loss?
A VCF award for non-economic loss is also referred to as a “pain and suffering” award. These claims are calculated separately from economic loss, which is compensation for lost earnings and benefits. Specifically, non-economic loss is meant to compensate a responder or survivor for their physical pain, emotional suffering, inconvenience caused by the condition, loss of enjoyment of life, physical impairment, and mental anguish.
Although certification from the WTC Health Program is the only documentation required to support a non-economic loss award, the VCF will only issue compensation on the lower end of the allowable range in such cases. If a condition is severe and impacts the claimant’s daily life, submitting additional documentation can help to increase the award amount.
How is Non-Economic Loss Determined?
A non-economic loss award considers various factors. Specifically, it is meant to compensate for the physical and emotional impact a 9/11 health condition has on the life of a responder or survivor. It is not tied to the number of 9/11 illnesses but rather the severity of the certified condition and the individual’s ability to maintain normal daily life.
The types of documents accepted by the VCF to demonstrate the severity of a certified condition include:
- Recent medical documents that demonstrate the type and frequency of medical treatments for the condition
- Recent test results that establish the severity of the condition
- Recent treatment that shows the severity of the condition
- X-rays, endoscopies, CT scans, and other diagnostic treatment procedures
- Recent documentation of the medication required to manage the condition
- Documentation from the treating medical provider summarizing the history and treatment for the condition
- Letters or reports from specialists explaining how the condition limits activities
- Insurance records
- A personal statement from the responder or survivor that discusses how the condition impacted their life
The VCF focuses on documentation from within three years of the claim submission date to determine non-economic loss.
What is the Highest Amount of Non-Economic Loss Awarded by the VCF?
The amount of non-economic loss that is awarded to a responder or survivor depends upon the severity of the condition. Non-economic loss for non-cancer conditions can range from $10,000 to $90,000. Cancers may be awarded up to $250,000. In a limited number of cases, the Special Master may exceed the statutory cap and award up to $340,000 for multiple forms of cancer or cancer with multiple severe non-cancer conditions.
The VCF has designated some non-cancer conditions as “presumptively severe and debilitating,” warranting the highest non-economic loss award allowable under the Zadroga Act ($90,000). These conditions include emphysema, interstitial lung disease, asbestosis, and sarcoidosis. These conditions do not require additional documentation to support the severity as long as they are certified by the WTC Health Program.
Although the baseline award for prostate cancer is $200,000, this can be increased to the highest allowable $250,000 award if medical records show permanent complications, recurrence, or metastasis.
Contact an Experienced New York City 9/11 VCF Attorney
If you are an eligible 9/11 responder or survivor, you may be eligible to file a claim with the VCF to recover your economic and non-economic losses. An experienced VCF attorney can help you navigate the VCF’s procedures and obtain the 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.