Five Tips to Maximize Your 9/11 Victim Compensation Award

Awards by the September 11th Victim Compensation Fund (VCF) range from a low of $10,000 to a high of just over $4,000,000. How your VCF claim is reviewed, analyzed, prepared, and documented oftentimes will have a major impact on that amount awarded in your particular case. If you are a 9/11 survivor (someone who lived, worked or went to school in Lower Manhattan between 9/11 and May 30, 2002), or a responder who helped with the rescue and clean-up operations (or lost a loved one), then you may qualify to receive a VCF award. Here are the top five tips to maximize your 9/11 Victim Compensation award. 

1. Understand the Difference Between Economic and Non-Economic Losses

The VCF awards compensation for both economic and non-economic losses related to the 9/11 attacks. Economic losses are those losses that are directly related to the financial impact of 9/11, such as lost wages, the value of lost employer-provided benefits, past out-of-pocket medical expenses, lost household services or, in the case of a 9/11 deceased claim, items such as funeral and burial expenses. Non-economic losses are those losses that are not related to the financial impact of 9/11, commonly known as pain and suffering for the claimant and, in deceased claims, an award to the surviving spouse and children and/or the dependents of the deceased.  It’s important to understand the difference between these two types of losses in order to maximize your VCF award. 

Economic losses are often more complex to calculate and document than non-economic losses. For example, if you had to miss work due to the 9/11 attacks, you can provide documentation of lost wages and receive compensation for those losses, but with a large range of available awards depending on your work history, establishing the value of your benefits, work life expectancy, the impact of local, state, and federal taxes, accounting for periods of unemployment, past and future raises, and a wide variety of factors, can all have a major impact on your economic loss award. 

When it comes to non-economic losses, these losses can also be difficult to quantify. The VCF considers a variety of factors when determining the amount of compensation for non-economic losses, including the extent of physical pain and suffering, the impact on your quality of life, the duration of the injury, the severity of the injury or disease, and the number and types of 9/11 cancers or other conditions. The Special Master has broad authority to make adjustments to claims, and therefore it’s important to provide the right evidence as possible to support your claim for non-economic losses in order to maximize your VCF award.

2. Know The VCF Deadlines

The VCF has certain deadlines for registration, filing a claim, and making any changes to an existing claim. It’s important to be aware of these deadlines in order to maximize your VCF award. Registration is not the same as filing a claim, and there is a separate deadline by which you need to register with the VCF based on individual circumstances. Registration preserves the right to file your claim in the future, waives no legal rights, and does not obligate you to file a claim. You do not need to be sick or to have been diagnosed or certified with a 9/11-related illness in order to register.  

Claimants should be aware of the deadline (essentially, a statute of limitations) for filing a claim. A 9/11 VCF claim must be registered within two years from the date that the World Trade Center Health Program issues a letter that “certifies” a cancer or other condition as related to the exposure to the 9/11 fallout. Importantly, this means that if a potential 9/11 claimant was never treated in the WTC Health Program, then that person can still register and file a 9/11 compensation claim even if many years have passed (in some cases over 20 years) since a cancer or other diagnosis. 

The same is true if you lost a loved one to any type of cancer (or a respiratory/digestive illness) who was a responder or they lived, worked, or went to school in lower Manhattan between 9/11 and May 30, 2002, if the deceased was never treated in the WTC Health Program, the survivors (typically a surviving spouse, partner, children) can still register and file a successful 9/11 VCF compensation claim even if many years have passed since the death. 

Knowledge of the VCF’s deadlines is essential for a successful VCF claim. By meeting the deadlines for filing a claim, making changes to an existing claim, submitting medical evidence, and submitting economic loss documentation, claimants can help ensure they receive an award. 

3. File a Claim With the 9/11 Victim Compensation Fund 

In order to be eligible for VCF awards, you must file a claim with the 9/11 VCF. This includes providing proof of your eligibility, such as medical records and other evidence of your physical condition, and documentation proving you were present in the 9/11 exposure zone at the time of the attacks or during the 8 and ½ months afterward. 

You should also provide any information that may be relevant to your claim, such as information about your occupation, job duties, and living arrangements at the time of the attack. Additionally, you should include any documents that demonstrate your losses, such as receipts and estimates for property damage, lost wages, and medical bills. 

The WTC Health Program is a separate program from the September 11th Victim Compensation Fund (VCF). The information requested by the VCF differs from what is needed for a WTC Health Program application. In addition, to be eligible for 9/11 VCF compensation, you must participate (subject to certain limited exceptions) in the WTC Health Program and obtain a “certification” letter from the WTCHP before you can even file a 9/11 VCF claim. 

One exception to this rule requiring WTCHP participation is deceased claims where the deceased died without being a part of the WTC Health Program. This scenario is seen most typically when the deceased (or family members) were not aware of the WTCHP or the 9/11 VCF or did not realize that there was a possible link between their cancer or 9/11 illness (that oftentimes resulted in their death) and that they lived, worked, went to school or were a 9/11 responder/clean-up worker.  As stated above, it is not too late to file a claim in these situations, but it is imperative to consult with a competent 9/11 VCF attorney. 

4. Provide a Victim Impact Statement

A Victim Impact Statement is an important part of the VCF claims process. This is a written statement that provides an overview of the physical and financial impact of the 9/11 attacks on you. This statement can be used to help maximize your award. 

In the statement, it is important to include descriptions of the physical pain and suffering you have endured because of the attacks. This should include any physical or mental health issues you have experienced, as supported by certified copies of medical records. You should also include any financial losses, such as lost wages or medical bills, and any additional expenses or losses you have incurred due to the attacks such as funeral expenses, services lost, or other costs related to the attacks. There are complex rules that govern the submission of economic losses – rules that can make a huge impact on your ultimate award (or even if you get an economic award). By providing a comprehensive and detailed Victim Impact Statement, you can help maximize your 9/11 VCF claim award.

5. Work With a Qualified 9/11 Lawyer 

The claims process for the VCF can be complex and time-consuming. Working with a qualified 9/11 lawyer can help ensure that your claim is filed properly and that you receive the maximum award available. 

A qualified 9/11 lawyer will help you understand the claim process and the documents necessary to submit a successful claim. They can also provide guidance on how to present your medical evidence and economic losses, and how to document the way the 9/11 attacks have impacted your life. Furthermore, a 9/11 lawyer will ensure that the claim is completed properly with all necessary information, including any supporting documentation, before submitting it to the VCF. 

The qualified 9/11 lawyers at Hansen & Rosasco have a deep understanding of the various rules and regulations of the VCF and will be able to help you argue for a higher award based on your situation. In fact, we submitted position papers and our partners have regularly met with VCF leadership to provide input to the VCF on the rules that control the amount of an award. Having a skilled 9/11 lawyer advocate for you for the entire claims process ensures that your claim is handled properly and that you receive the maximum award available and is one of the best ways to maximize your 9/11 VCF claim.