Zadroga Act Benefits
Help getting the benefits to which you are entitled
The 2010 James Zadroga 9/11 Health and Compensation Act had two primary effects:
- It reopened the September 11th Victim Compensation Fund, which had closed in June 2004.
- It created the World Trade Center Health Program, consolidating the work of the WTC Medical Monitoring and Treatment Program (MMTP) and the WTC Environmental Health Center Community Program.
The benefits that may be available to you through the WTC Victim Compensation Fund and the World Trade Center Health Program are discussed below. For more information, contact a knowledgeable attorney at Barasch McGarry Salzman & Penson, P.C..
Victim Compensation Fund benefits
Formally known as the September 11th Victim Compensation Fund, the Fund was designed to provide compensation for economic and non-economic loss to individuals or relatives of deceased individuals who were killed or physically injured as a result of the 9/11 attacks. Once it is determined that you meet statutory and regulatory eligibility requirements, your award will be based on "compensation computations" performed according to a formula set by the Special Master of the Victim Compensation Fund.
At its most basic, this formula boils down to: economic loss plus non-economic loss minus collateral source payments.
In other words, your Fund settlement will equal no more than your total loss offset by payments you receive from other sources, such as workers' compensation or disability insurance. The 9/11 Victim Compensation Fund calculates your economic loss by considering such factors as:
- Medical and other out-of-pocket expenses
- Loss of earnings or other benefits — e.g., full pension — because of disability or death
- The cost of replacement services to provide services you used to perform yourself, e.g., driving the kids to school, washing the dishes or doing your own taxes
Non-economic losses include pain and suffering, diminished quality of life, loss of enjoyment and loss of consortium. Although these fundamentals do not have true money equivalents, the Victim Compensation Fund follows typical personal injury law procedure in assigning a money value to these intangibles.
This calculation of losses is then balanced against any financial compensation or support you have received from third-party sources including insurers. It does not take into consideration financial support you may have received from family members or friends to help you through difficult times — only "official" sources of compensatory income.
World Trade Center Health Program benefits
The World Trade Center Health Program established under the Zadroga Act provides healthcare to qualified individuals injured or made ill by the 9/11 attacks and their aftermath. It covers medical screening and care for first responders and rescue and recovery workers at all 9/11 crash sites, as well as New York City survivors who were living, working or attending school or day care in the New York City disaster area on or soon after 9/11. It also covers people who were visiting the disaster area on September 11.
In addition, the World Trade Center Health Program provides testing, treatment, and monitoring for a greater number of conditions than the Victim Compensation Fund covers. Significantly, it provides treatment for new occurrences or aggravation of post-traumatic stress disorder (PTSD), depression and anxiety disorders, and substance abuse disorders.
Barasch McGarry Salzman & Penson, P.C. — helping set things right
After representing hundreds of victims in Victim Compensation Fund claims, the seasoned personal injury attorneys at Barasch McGarry Salzman & Penson, P.C. have collected more money from the Victim Compensation Fund for their injured clients than any other law firm. We can help you prove your eligibility and maximize your WTC settlement while minimizing delay, frustration and aggravation. Please contact us online or by phone at 888-351-9421 to discuss your eligibility for Zadroga Act benefits and how to begin the application process.