9/11 Victim Compensation Fund Claims
The September 11th Victim Compensation Fund provides financial compensation to eligible responders, workers, residents, students, and others who developed physical health conditions related to the September 11 attacks or the debris-removal efforts that followed.
The VCF also accepts claims filed on behalf of people who died from eligible 9/11-related conditions.
A VCF claim may include compensation for:
- Physical pain and suffering
- Lost wages and future earnings
- Lost pension or retirement benefits
- Lost employment and health benefits
- Out-of-pocket medical expenses
- Replacement services
- Burial and memorial expenses
- Losses associated with a 9/11-related death
The type of claim and the evidence required will depend on the claimant’s health conditions, employment history, disability status, presence in an eligible location, and other individual circumstances.
The Two Main Types of VCF Claims
Personal Injury Claims
A personal injury claim is filed by a living responder or survivor who has an eligible 9/11-related physical health condition.
Most claimants must establish that:
- They were present at an eligible location during the applicable exposure period.
- They have an eligible physical condition certified by the World Trade Center Health Program or verified through the VCF’s limited Private Physician process.
- They registered with the VCF by the deadline that applies to their circumstances.
- They submitted the required claim forms and supporting documentation.
The general claim-filing deadline is October 1, 2090, but registration deadlines vary according to the claimant’s circumstances. Registration is separate from filing a complete claim.
Link “eligible location” to the NYC Exposure Zone page.
Link “World Trade Center Health Program” to the WTC Health Program page.
Deceased Victim Claims
A deceased victim claim may be filed when an eligible responder or survivor has died. If the death is believed to have resulted from an eligible 9/11-related condition, the claim may include compensation associated with the victim’s illness and death.
The person filing must generally be legally appointed as the victim’s Personal Representative and must submit the required estate and claim documentation.
Link this section to the existing Wrongful Death Claims page.
Cancer Claims
The VCF recognizes many forms of cancer when the applicable eligibility, exposure, latency, and certification requirements are satisfied.
Cancer claims may involve conditions such as:
- Prostate cancer
- Lung cancer
- Breast cancer
- Skin cancer
- Leukemia
- Lymphoma
- Multiple myeloma
- Thyroid cancer
- Kidney cancer
- Bladder cancer
- Colorectal cancer
- Other eligible cancers
The maximum non-economic loss award for one type of cancer is generally $250,000. The actual award depends on the type and severity of the condition, its effect on the claimant’s life, and the supporting medical evidence. Limited adjustments may be available in claims involving multiple cancers or certain combinations of severe conditions.
Respiratory And Other Non-Cancer Claims
Responders and survivors may also qualify based on eligible non-cancer conditions, including certain respiratory and aerodigestive illnesses.
These claims may involve conditions such as:
- Asthma
- Chronic respiratory disorder
- Chronic rhinosinusitis
- Gastroesophageal reflux disease
- Interstitial lung disease
- Emphysema
- Sarcoidosis
- Sleep apnea associated with another eligible condition
Non-economic loss awards for non-cancer conditions can range up to the statutory maximum of $90,000. The amount depends on the condition, its severity, its effect on daily activities, and the available medical documentation.
Economic Loss Claims
A claimant whose eligible physical condition affected the ability to work may be able to seek compensation for economic losses.
Depending on the facts of the claim, economic loss may include:
- Past lost wages
- Future lost earnings
- Lost pension or retirement benefits
- Lost health benefits
- Lost employment benefits
- Out-of-pocket medical expenses
- Replacement services
Economic loss claims frequently require detailed employment, income, pension, disability, medical, and benefits records.
Payments received from certain other sources may be treated as collateral offsets when the VCF calculates an award. This can include some disability, pension, workers’ compensation, or Social Security benefits. The existence of another benefit does not necessarily prevent a person from filing a VCF claim, but it may affect the final calculation.
Non-Economic Loss Claims
Non-economic loss compensates an eligible claimant for the pain, suffering, and loss of enjoyment of life caused by a 9/11-related physical condition.
The VCF considers factors such as:
- The nature of the condition
- The severity of the condition
- Treatment and surgery
- Recurrence or metastasis
- Long-term complications
- Limitations on daily activities
- The strength of the supporting medical evidence
Receiving additional condition certifications does not automatically increase an award. The VCF evaluates the severity and effect of the eligible conditions rather than simply counting the number of certifications.
Claims Filed After A 9/11-Related Death
A deceased victim claim may include several different categories of loss, depending on the victim’s circumstances and the evidence submitted.
Potential compensation may include:
- The victim’s pain and suffering before death
- Lost earnings and employment benefits
- Lost pension benefits where compensable
- Replacement services
- Out-of-pocket burial or memorial expenses
- Non-economic loss associated with the death
For the death portion of a qualifying claim, the VCF generally applies presumed non-economic loss amounts of $250,000 for the deceased victim, plus $100,000 on account of the spouse and each dependent, as those terms are defined by VCF regulations.
What Documentation May Be Required?
The exact documentation depends on the type of claim, but a submission may require:
- Proof of presence at an eligible location
- WTC Health Program certification
- Medical records
- Employment and earnings records
- Tax returns
- Pension and disability records
- Workers’ compensation records
- Social Security records
- Documentation of collateral-source benefits
- Letters of Administration or other proof of legal authority
- Death certificate and documentation connecting the death to an eligible condition
Incomplete or inconsistent documentation can delay the VCF’s review or result in requests for additional information.
How A VCF Lawyer Can Help
A VCF lawyer can help determine which claim and loss categories apply, identify missing evidence, organize the required records, calculate claimed losses, respond to VCF requests, and prepare amendments or appeals when appropriate.
The Dearie Law Firm has represented members of the 9/11 community for more than a decade. Our attorneys and staff assist responders, workers, residents, survivors, and families throughout the VCF process.
Speak With A 9/11 VCF Lawyer
You do not need to determine the correct claim category before contacting us.
Call (212) 970-6500 or contact The Dearie Law Firm online for a free consultation about a potential 9/11 Victim Compensation Fund claim.