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Victim Compensation Fund (VCF) Award Determinations

When Congress reauthorized the Zadroga Act in December, 2015, the Victim Compensation Fund (VCF) divided claimants into two groups – Group A and Group B. Simply put, claimants who were issued award letters by December 17, 2015 became Group A claimants. Anyone who did not receive an award letter by that date became a Group B claimant.

Group B claimants have not been treated differently in terms of compensation than Group A claimants. Claimants in both groups have been awarded compensation for non-economic loss (pain and suffering) and, where appropriate, economic loss.

The VCF will only award compensation for economic loss to a claimant who has been found to be disabled as a result of a 9/11 certified physical illness (not a psychological illness). The disability finding must be made by an independent governmental entity (such as the FDNY, NYCERS, Workers’ Compensation Board, or the Social Security Administration). Claimants who haven’t been found to be disabled are generally not entitled to an award for economic loss.

Non-economic loss determinations have ranged from $0 to $340,000, depending on the severity of the illness, whether the illness is permanent, and whether the claimant has already been awarded compensation for the same illnesses in a prior WTC claim or lawsuit.

Economic loss awards are based on a claimant’s age, work history and prior income. Where a claimant has received a disability pension, social security disability award, or a WTC litigation settlement, the VCF award will be commensurately reduced. The range of awards is evidence that the VCF is making awards on a case-by case basis.

The following are some of the hundreds of Group B award determinations issued to our clients who have been certified with WTC-related disabling illnesses ranging from minor respiratory illnesses to severe disabling cancers. They are listed for informational purposes only:

Wrongful Death (where the death was caused by claimant’s 9/11-certified condition)

  • $3,254,242 Asthma
  • $1,422,694 Lymphocytic leukemia

Cancer

  • $1,848,836 Intrahepatic Bile Duct Carcinoma
  • $1,827,279 Malignant Neoplasm of Breast
  • $1,544,371 Malignant Neoplasm of Lower Third of Esophagus
  • $1,368,869 Malignant Neoplasm Skin
  • $1,365,415 Malignant Neoplasm of Colon
  • $1,345,427 Malignant Neoplasm of Esophagus
  • $1,301,834 Carcinoma in Situ of Breast
  • $1,188,741 Malignant Neoplasm Of Colon
  • $1,098,050 Malignant Neoplasm of Thyroid Gland; Malignant Neoplasm of Hepatic Flexure

Non-Cancer

  • $1,929,789 Asthma; Chronic Rhinitis; Esophageal Reflux
  • $1,926,336 Asthma; Esophageal Reflux; Chronic Bronchitis; Diseases of Vocal Corps; Sinusitis
  • $1,881,017 Esophageal Reflux; Barretts Esophagus; Asthma; Sinusitis; Obstructive Sleep Apnea
  • $1,482,771 Asthma; Chronic Airway Obstruction; Chronic Sinusitis; Esophageal Reflux; Barretts Esophagus; Chronic bronchitis; Obstructive Sleep Apnea
  • $1,401,066 Asthma; Esophageal Reflux ; Obstructive Sleep Apnea; Sarcoidosis; Osteoporosis
  • $1,356,743 Chronic Rhinitis; Esophageal Reflux; Other Bronchitis and Brachial Neuritis or Radiculitis; Thoracic/Lumbosacral Neuritis/Radiculitis
  • $1,270,072 Asthma; Chronic Rhinitis; Esophageal Reflux; Obstructive Sleep Apnea; Sinusitis
  • $1,251,768 Asthma; Chronic Rhinitis; Esophageal Reflux; Disease of Vocal Cords
  • $1,198,580 Rhinosinusitis; Sinusitis

The following are some of the hundreds of noneconomic loss awards that the VCF has issued to our clients with non-disabling cancers and other WTC-related illnesses:

Cancer

  • $340,000 Malignant Melanoma of Skin; Malignant Neoplasm of Larynx
  • $340,000 Malignant Neoplasm of Colon; Malignant Neoplasm of Mouth
  • $300,000 Malignant Neoplasm Bladder; BCell Lymphoma
  • $250,000 Malignant Neoplasm of Prostate
  • $250,000 Melanoma of Skin
  • $250,000 Malignant Neoplasm of Thyroid
  • $250,000 Malignant Neoplasm of Kidney Except Pelvis
  • $250,000 Malignant Neoplasm Bronchus & Lung
  • $250,000 Multiple Myeloma in Remission
  • $125,000 Malignant Neoplasm of Skin

Non-Cancer

  • $90,000 Chronic Bronchitis
  • $90,000 Barrett’s Esophagus
  • $90,000 Interstitial Lung Disease
  • $90,000 Asthma; Chronic Rhinitis; GERD; Obstructive Sleep Apnea
  • $90,000 Sinusitis; Obstructive Sleep Apnea; Chronic Rhinitis
  • $65,000 Severe Asthma
  • $65,000 Chronic Rhinitis; Reactive Airways Dysfunction Syndrome
  • $35,000 Asthma; Chronic Rhinitis
  • $30,000 Sinusitis; Esophageal Reflux
  • $25,000 Asthma; Obstructive Sleep Apnea

Deadline Extended to Register for Compensation

There is still time to apply for significant compensation if you have been diagnosed with any of the 68 cancers that doctors at the WTC Health Program (WTCHP) have linked to the WTC toxic dust. The deadline to apply to the Victim Compensation Fund (VCF) is 2 years from the date that a cancer has been certified by the WTC Health Program —or any other governmental agency. The 2 year period to register doesn’t start on the day of a cancer diagnosis. Rather, it starts only when a cancer survivor is made aware their cancer was linked to exposure to the WTC toxins.

For those who died from their WTC-linked cancers, the 2 year period to register starts on the day of their death.

Please help spread the word about the strict 2 year deadline to register a claim.

Many people have tried to complete the VCF application on their own, only to learn that it requires answers to hundreds of questions and many documents to download. It would be our pleasure to help you complete the process in order to ensure that you receive the compensation that you are entitled to. Please call us for a free consultation.

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