Highlights
- Over $17 billion is available to compensate 9/11 victims for illness, injury, or death.
- Anyone who was in the exposure zone between 9/11/2001 and 5/30/2002 (8 months) may be eligible for compensation.
- The list of qualifying conditions includes respiratory illnesses and 69 different cancers.
- Barasch & McGarry has recovered over $7 billion for clients from the 9/11 Victim Compensation Fund, more than any other law firm.
- We can help determine if you qualify to make a victim compensation fund claim.
Compensation for Responders and Survivors with 9/11 Illnesses
Congress created the first September 11th Victim Compensation Fund in 2001, soon after the devastating World Trade Center attacks. That fund offered financial compensation to people injured at a 9/11 crash site during or immediately after the disaster. Additionally, spouses, parents and children of people killed in the attack, or who died as a result during the subsequent 72 hours, could apply to the Fund for compensation for their loved ones’ suffering and death.
The original Victim Compensation Fund closed in June 2004 after awarding approximately 7 billion dollars to victims of the attack and their families. However, when it became apparent that toxicity at Ground Zero, in the plume and the debris pile, had caused acute and latent health effects that worsened over time, Congress created a new VCF to assist responders and survivors with WTC-related illnesses.
The New 9/11 Victim Compensation Fund
After the original Fund closed in 2004, a need remained for additional funds to cover people who did not seek medical treatment for their injuries within 72 hours of the attack per the requirement of the original VCF fund.
Some suffered illnesses or injuries that began later, such as more than 69 cancers, and who lived and worked near, but not on the WTC site. With fierce lobbying by our law firm, Barasch & McGarry, along with many survivors and advocates in the 9/11 community, Congress passed the “James Zadroga Health and Compensation Act of 2010”, named for our client NYPD Detective James Zadorga, which took steps to address these gaps in the initial fund.
The “Zadroga Act”, as it’s abbreviated, reopened the Victim Compensation Fund to begin administering benefits on July 1, 2011 to cover people who lived, worked, attended school, or volunteered in the exposure zone between 9/11 and May 30, 2002. This allowed people who arrived later — many volunteers, utility repairmen, people who transported or handled WTC debris, and those going back to work at offices near the WTC site — to link their cancers and illnesses to the attacks. The Zadroga Act also expanded the exposure zone covering more of Lower Manhattan and explicitly including areas through which debris from the WTC site traveled on its way to the Fresh Kills landfill and at the landfill itself.
2019 Permanent Authorization and Full Funding
In 2019, as the Fund was set to expire in December 2020, attorneys and staff from our firm, along with John Feal of the FealGood Foundation and 9/11 hero and advocate Jon Stewart, made dozens of trips down to Washington, D.C. to lobby for the permanent extension and full funding of the Victim Compensation Fund. Our downtown Manhattan office was and still remains, just a few blocks from the World Trade Center buildings, so for us, it was personal.
In July 2019, President Trump signed the “The Never Forget The Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund”, also called the “VCF Permanent Authorization Act.” This act extended the VCF’s claim filing deadline from December 18, 2020 to October 1, 2090, effectively funding the future claims of all victims of WTC related cancers, illnesses, and deaths. The Fund will now outlive all 9/11 victims. Although the bill created permanent authorization and funds for those claims, important and stringent rules still apply in order for victims to obtain an award for their health conditions. We can help you determine if you qualify for any support from the victim compensation fund.
How to Get a Victim Compensation Fund Award
While it is best to have the help of our lawyers, applying for compensation from the September 11th Victim Compensation Fund is not filing a lawsuit. Instead, claimants register and file an application with the VCF. As part of the process of establishing your WTC compensation eligibility, you must show:
- Presence in the 9/11 exposure zone between September 11, 2001 and May 30, 2002
- Physical illness or injury resulting from your presence in the 9/11 exposure zone and falling into one of the categories covered by the 2010 Zadroga Act
Gold area: Victim Compensation Fund (VCF)
Over $17 billion Awarded
Blue area: World Trade Center Health Program
Includes the overlapping VCF area
Hiring an Attorney for Eligibility and Maximizing Compensation
The Victim Compensation Fund does not require you to have an attorney represent you in the application process. However, an experienced 9/11 lawyer will ensure that you take the proper steps to prove your eligibility so that you may receive full and fair compensation.
Unlike a standard personal injury case in which attorney fees may claim as much as 40 percent of a settlement or judgment, the Victim Compensation Fund caps attorney fees at 10 percent, ensuring that you get the maximum benefit of the fund.
Actual Client VCF Awards
Deadline Extended to Register for 9/11 Victim Compensation Fund
There is still time to apply for significant compensation if you have been diagnosed with any of the 69 types of cancers or respiratory illnesses that doctors at the WTC Health Program 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 or illness 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, the deadline starts 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 or illnesses, the 2-year period for their family to register starts on the day of the death of the WTC victim.
I recently received my VCF payment check. I know a lot of people in your office made this possible with their hard work. Please let them know how much they have helped my family. My thoughts will always be with the hard working people of your firm who made this possible.
T.N
9/11 Survivor
What About Families Who Missed Their Claim Window?
Because many victims and widows were unaware of these deadlines, they either missed their time to file a claim or they never even filed a claim. The VCF has now opened a window for those victims and their families to bring claims. Here is what you should know:
- If you were found ineligible by the VCF because you filed your claim after the filing deadline, you now have the right to pursue your claim.
- If you have an appeal pending because you were denied compensation based upon timeliness, that appeal is no longer necessary, and will be canceled. Your claim will be reconsidered and likely be found eligible if you meet other requirements such as being able to prove that you, or a family member, were in the exposure zone.
- If you did not file a VCF claim because your claim would have been untimely, you may now bring that claim.
The window for these previously time-barred claims is approaching. It applies to sick and injured victims, as well as to families who have lost loved ones. Contact us right away so we can help you get your claim filed properly.
Register Now
We can help you get registered for free health care through the WTC Health Program and determine your eligibility for compensation from the 9/11 Victim Compensation Fund. Call 212-385-8000 or contact us online today.
Common Questions about the 9/11 Victim Compensation Fund (VCF)
You may be eligible for the VCF if you were present in the New York City exposure zone (below Canal Street in Manhattan) or at the Pentagon, Shanksville crash site, or Staten Island Landfill between September 11, 2001, and May 30, 2002, and have been certified by the World Trade Center Health Program with a 9/11-related illness. This includes first responders, recovery workers, residents, students, office workers, and survivors who developed cancers, respiratory conditions, or other eligible conditions.
VCF awards vary based on the severity of your illness, economic losses, and non-economic damages. Awards can range from tens of thousands to several million dollars. The VCF compensates for past and future lost earnings, medical expenses not covered by insurance, and pain and suffering. An experienced VCF attorney can help maximize your compensation by documenting all eligible losses and presenting the strongest possible claim.
The deadline to register for the VCF has been extended. You must register within two years of receiving your WTC Health Program certification for your 9/11-related illness. Once registered, you have additional time to file your complete claim. Because deadlines can vary based on your certification date, it’s important to consult with a VCF attorney as soon as you’re diagnosed to protect your rights.
While you’re not required to have an attorney, working with an experienced VCF lawyer significantly increases your chances of receiving maximum compensation. VCF attorneys understand the complex documentation requirements, can properly calculate economic losses, gather supporting evidence, and advocate on your behalf during the claims review process. Most VCF attorneys work on contingency, meaning you only pay if you receive an award.
The VCF covers over 70 types of cancers and numerous non-cancer conditions certified by the WTC Health Program. Covered conditions include respiratory diseases (asthma, COPD, chronic cough), digestive disorders (GERD, Barrett’s esophagus), mental health conditions (PTSD, depression, anxiety), and various cancers including lung, throat, skin, blood, and reproductive cancers. You must have your condition certified by the WTC Health Program before filing a VCF claim.
Yes, in many cases you can still file a VCF claim even if you received compensation from other sources, such as the September 11th Victim Compensation Fund of 2001, workers’ compensation, disability benefits, or settlements from litigation. However, the VCF may reduce your award by certain prior payments to avoid duplicate compensation. An attorney can help you understand how prior awards may affect your claim.
The primary exposure zone is the area of Manhattan south of Canal Street, where most responders and survivors were exposed to toxic dust and debris. The VCF also covers the Pentagon site in Virginia, the Shanksville, Pennsylvania crash site, and the Staten Island Landfill where debris was transported. You must have been present in one of these areas between September 11, 2001, and May 30, 2002, for a qualifying period of time.
The timeline for VCF claims varies depending on claim complexity and the VCF’s current processing times. After submitting a complete claim, it typically takes several months to over a year to receive a decision. Claims with well-documented losses and clear eligibility often process faster. Working with an experienced attorney can help ensure your claim is complete and properly submitted, potentially reducing processing time.
You may be interested in:
World Trade Center Health Program (WTCHP)
Free nationwide lifetime health care available to those who were in the exposure zone on 9/11 or in the aftermath.
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