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What Are My Options If My Injuries Are Not a Presumptively Covered Condition?

Presumptively covered conditions are those that have been definitely linked to 9/11. Generally, the Victim Compensation Fund (VCF) covers only injuries and diseases on this list. However, the VCF amends its list periodically. For example, the VCF amended its list to include several types of cancer in October 2012, added prostate cancer in October 2013 and revised its definition of rare cancers earlier this year. The list was updated when researchers concluded causation between these diseases and 9/11. The list may be updated again as new findings emerge.

The VCF also makes clear that the list represents broad categories of conditions rather than every possible type of covered condition within the major categories. Therefore, if you do not see your condition listed specifically, you should still consider applying.

The VCF bases its presumptively covered conditions on research conducted and gathered by the National Institute for Occupational Safety and Health (NIOSH) under the World Trade Center (WTC) Health Program. In addition to its own findings, the WTC Health Program considers recommendations made by 9/11 victims and health organizations.

As a provision of the James Zadroga 9/11 Health and Compensation Act of 2010, interested parties are permitted to petition the WTC Health Program directly. Any of the following may be considered an interested party:

  • A person whose injury or illness is related to 9/11
  • The family member of a person whose death resulted from 9/11
  • An organization, such as a research facility, medical clinic or nonprofit entity

The petition must provide medical proof of the relationship between the 9/11 exposure and the condition in the form of peer-reviewed, published studies or clinical case reports. The WTC Health Program does not accept anecdotal evidence as conclusive of the association between illness and 9/11 exposure.

The regulations for recovering compensation are complex. Barasch & McGarry can evaluate whether you qualify for VCF and take a proactive role in getting you the help you need.

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Compensation available to residents and office workers, teachers and students – not just responders and volunteers
Deadline Extended To Register Claims Must file within 2 years from the date your cancer was linked to WTC toxic dust
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Testimonials
  • "Barasch McGarry Salzman & Penson handled everything professionally and with patience. They always had time to answer all my questions and did what they promised. Thanks esp to Brian Calamaris Lee London, and Mariya Atanasova. Thank you." - William Collins, FDNY

  • "If I could give them six stars I would...don't even bother talking to anyone else concerning 9/11. The whole team worked night and day to deliver an outstanding settlement. They are honest, hard working and extremely professional. Just make the one phone call and let them do the rest." - Les Margulis, resident in the exposure zone

  • "I had a very good experience with Michael and Mariya. They made the process stress free. I would recommend this firm to anyone seeking assistance with 9/11 related illnesses." - JE Kirwan, worked in the exposure zone

  • "The people at this firm were just great. They were concern with making sure I was taken care of in every way possible. When I was given an award Mr. Barasch didn't think it was a fair amount and appealed the decision which got me a larger award. I am very satisfied with everything they did for me in the past and are willing to do for me and my family in the future." - Bob Wiecezak, FDNY-Retired

  • "Excellent law firm. Lee London and his staff were very responsive and always followed up with phone calls or emails. This firm is a strong example of what caring and personable lawyers are all about." - Letitia Egan, wife of client, volunteer in the exposure zone

  • 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 two years from the date that a cancer has been certified by the WTC Health Program — or any other governmental agency. The two-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 two-year period for their family to register starts on the day of the death of the WTC victim.

    Register For Compensation

Please help spread the word about the strict two-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.

Let a knowledgeable attorney help you figure it out

A cancer diagnosis can be terrifying. You undoubtedly have questions about your disease and how you will pay for treatment. Lawyers at Barasch & McGarry ensure you understand the complex requirements and help devise the best strategies for obtaining compensation and appropriate medical care under the Zadroga Act. Contact our law firm online or call 888-351-9421. The initial consultation is free, so it costs you nothing to find out whether a lawyer can help.
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