Yes, if you were diagnosed with a 9/11-related cancer, you may be entitled to a monetary award from the September 11th Victim Compensation Fund (VCF) and medical care through the WTC Health Program. The VCF recognizes all types of cancer as potentially eligible, and a certified cancer condition carries a non-economic loss award of up to $250,000, plus any documented economic losses. The Dearie Law Firm, P.C. represents 9/11 responders, survivors, and their families to help them obtain the maximum compensation they’re entitled to receive from the VCF for their 9/11-related cancers.
Which Cancers Are Eligible For A 9/11 VCF Claim?
The dust that saturated the air at Ground Zero and in the NYC Exposure Zone in the months following the 9/11 terrorist attacks contained over 2,500 contaminants such as heavy metals, benzene, cement, asbestos, polychlorinated biphenyls, polycyclic aromatic hydrocarbons, dioxins, and other known carcinogens. Exposure to these chemicals resulted in responders and survivors developing various cancers and other health conditions.
The VCF recognizes all cancers as eligible for compensation, including:
• Leukemia and blood cancers
• Female and male breast cancer
• Childhood cancers
• Digestive system cancers
• Lung cancer
• Mesothelioma
• Head and neck cancers
• Ovarian cancer
• Prostate cancer
• Rare cancers
• Cancers of the respiratory system
• Urinary system cancers
• Thyroid cancer
• Soft and connective tissue cancers
• Skin cancers
How Long After 9/11 Exposure Can A Cancer Still Qualify?
Since cancers can take years to develop, the WTC Health Program assigns a minimum latency period to each type of cancer from the date of exposure, ranging between .4 years for leukemia and blood cancers to 11 years for mesothelioma. In addition to satisfying the required time frame, responders and survivors must also meet the WTC Health Program’s presence criteria to have their cancer conditions certified in order to receive compensation from the VCF.
How Much Compensation Can You Receive For A 9/11 Cancer Claim?
The Victim Compensation Fund awards both economic and non-economic damages for 9/11 cancer claims. While the VCF considers the severity of each responder and survivor’s condition on an individual basis to determine the amount of compensation they will be awarded, non-economic loss awards for pain and suffering are capped at $250,000 for a cancer condition.
However, VCF compensation may be increased in limited circumstances — for instance, if you have multiple cancer conditions or a diagnosis of a presumptively severe non-cancer condition, in addition to a cancer.
The VCF may compensate economic loss for past and future lost earnings and loss of benefits in connection with 9/11-related eligible cancer claims, as well as out-of-pocket medical costs. In some cases, replacement services loss will also be awarded for a VCF personal injury claim.
Can A Family File A VCF Claim If A Loved One Died Of 9/11 Cancer?
Families who have lost loved ones due to an eligible 9/11-related cancer may be entitled to receive an award for their economic and non-economic losses by filing a VCF wrongful death claim. This can include compensation for lost earnings and benefits, replacement services loss, unreimbursed medical expenses, and burial or memorial costs.
Under the Zadroga Act, the spouse and dependents of a 9/11 responder or survivor who passed away from an eligible cancer may be entitled to receive additional non-economic loss of $100,000 each, and $250,000 for the decedent. However, if the victim died from causes other than the eligible 9/11-related cancer, their family may still be entitled to recover compensation for the pain and suffering their eligible condition caused before they died.
Are All Cancers Covered By The 9/11 VCF?
The VCF recognizes all types of cancer as potentially eligible, from leukemia and blood cancers to lung, breast, prostate, skin, and rare cancers. The condition must be certified by the WTC Health Program, which requires meeting both the presence criteria and a minimum latency period.
How Much Is A 9/11 Cancer Claim Worth?
Non-economic loss for a certified cancer is capped at $250,000. On top of that, the VCF can award economic losses for past and future lost earnings, lost benefits, and out-of-pocket medical costs. Awards can be higher when a claimant has multiple cancers or a presumptively severe non-cancer condition alongside the cancer.
Do I Need To Be Enrolled In The WTC Health Program To File A VCF Cancer Claim?
Effectively, yes. The VCF requires your cancer to be certified by the WTC Health Program before it will pay a claim, and only members can have a condition certified. Enrollment is free, so the practical first step is to apply to the WTC Health Program, get the cancer certified, and then file or update your VCF claim. You can register with the VCF while certification is still pending to protect your deadlines.
Is There A Deadline To File A 9/11 Cancer Claim?
There are two different clocks. The VCF is currently authorized to accept claims through October 1, 2090, so the fund itself is open for decades. The deadline that catches people is the registration deadline: you generally must register with the VCF within two years of when you knew, or reasonably should have known, that you had an eligible 9/11-related cancer. Registration is not the same as filing, and missing it can bar an otherwise valid claim, so it is worth doing early.
Can I File A VCF Claim If I Already Received A VCF Award For A Different Condition?
Yes. If you were previously compensated for one condition and later develop a new eligible cancer, you can file an amendment to your existing VCF claim for the new diagnosis. The VCF evaluates the new condition on its own, and a prior award for something like a respiratory illness does not use up your ability to be compensated for a later cancer.
What If My Specific Cancer Is Not Named On A Published List?
You may still qualify. The WTC Health Program covers all types of cancer as potentially eligible rather than only a fixed list, so a cancer that is not individually named can still be certified if it meets the presence and latency criteria. If you have a rare or unusual cancer, it is worth having an attorney and the WTC Health Program review it rather than assuming it is excluded.
Contact a New York City 9/11 VCF Cancer Claims Attorney
If you were diagnosed with a 9/11-related cancer — or lost a loved one to a 9/11 cancer — you may be entitled to an award from the VCF for the monetary loss you incurred due to your condition, as well as for your pain and suffering. The Dearie Law Firm, P.C. has secured more than $150 million over the past decade for 9/11 responders and survivors, including FDNY and NYPD members, EMTs, construction workers, residents, and anyone who was present at Ground Zero and lived or worked in the NYC Exposure Zone. Contact us for a consultation.