Legal Options for Addressing 9/11-Related Trauma and Emotional Injury

According to data gathered by the World Trade Center Health Registry, about 10% of enrollees in the program have continued to struggle with symptoms of PTSD. People often suffer from more than one 9/11-related mental health condition. In response to the attacks, there are legal options available to those who suffered emotional injury, trauma, and other health issues related to 9/11. 

The World Trade Center Health Program (WTCHP) provides no-cost medical monitoring and treatment to those who have developed a 9/11-related illness as a result of the attacks, and the Worker’s Compensation Board of the State of New York (WCG) provides workers’ compensation benefits including medical care and lost wages to those paid workers and volunteers who developed 9/11-related illnesses who participated as part of the crisis response in the rescue, recovery, and clean-up of the World Trade Center (WTC). 

Importantly, however, the September 11th Victim Compensation Fund (VCF) does not provide compensation for PTSD or other mental health conditions. The VCF is limited to awards for only physical conditions such as breathing conditions, digestive conditions, and 70+ types of cancer such as breast cancer, prostate cancer, skin cancer, colorectal cancer, and most all other common and rare cancers. 

PTSD and Other Mental Health Issues Related to 9/11

Those affected by the 9/11 attacks may experience a variety of mental health issues, such as post-traumatic stress disorder (PTSD), depression, anxiety, and other mental health conditions. 

Symptoms of post-traumatic stress disorder (PTSD) are the most common reported health effect of the 9/11 attacks. These issues can be long-lasting and affect a person’s ability to function in daily life. For those who were directly affected by the attacks or those who responded to the scene, the emotional impact can be especially severe. 

Unlike the physical health effects related to 9/11 exposure, the mental health issues related to the 9/11 attacks were not limited to survivors and responders. This can be attributed to fear and anxiety of the event itself, fear of knowing someone who was in the attacks or the rescue and recovery effort, fear of future attacks, the loss of loved ones, or exposure to the toxic cloud of dust and debris or the smoke plumes that lingered in Manhattan for months after the event. 

One study of low-income patients found that those suffering a 9/11-related loss were twice as likely to be diagnosed with a mental health condition, such as depression, anxiety, or PTSD than those who had not been affected by 9/11 and that individuals with loved ones in danger on 9/11, or who knew someone involved in the rescue and recovery effort, were twice as likely to suffer from an anxiety disorder than those who had not been affected by 9/11. 

Mental Health and the World Trade Center Health Program

The WTCHP was created as part of The James Zadroga 9/11 Health and Compensation Act to provide medical care and monitoring to those affected by the 9/11 attacks. The program is administered by the Centers for Disease Control and Prevention (CDC) and includes mental health services as well as physical health services. It is available to those individuals who were at Ground Zero or other areas affected by the attacks, as well as those who responded as part of law enforcement, public safety, and emergency medical services. The program provides diagnosis services and treatment and conducts research on the mental and physical health effects suffered by 9/11 survivors and responders. 

To be eligible for the WTCHP, a survivor or responder must have been present at one of the 9/11 attack sites (the WTC, the Pentagon, or the Shanksville, Pennsylvania crash site), or in the 9/11 Exposure Zone at some point between September 11, 2001, and July 31, 2002. The 9/11 Exposure Zone is an area of Lower Manhattan that extends south from Houston Street. For purposes of the WTCHP, the 9/11 Exposure Zone begins at Houston Street and extends south, covering a 1.5-mile radius around the WTC, including a portion of western Brooklyn. 

The WTCHP program is open to rescue and recovery workers as well as individuals who lived, worked, or went to school in the exposure areas, and who have developed a certified 9/11-related physical or mental illness.

Workers’ Compensation Board of the State of New York Response

The WCB has also responded to the mental health needs of workers and volunteers who were affected by the 9/11 attacks. The WCB serves participants who performed rescue, recovery, and clean-up at the World Trade Center and other designated sites after the terror attacks of 9/11, and who were injured or became ill as a result of that duty. The benefits available through the WCB to WTC workers and volunteers depend on who their employer was as well as their role in rescue, recovery, and clean-up operations. 

Eligible workers are those who were employed by entities that participate in the NYS workers’ compensation system. Eligible locations include the WTC site; Fresh Kills Landfill, Staten Island; the New York City morgue; temporary morgues on the piers on the west side of Manhattan; and barges between the west side of Manhattan and Fresh Kills Landfill. Eligible dates of service are between September 11, 2001, and September 12, 2002.

If you participated in the 9/11 rescue, recovery, and clean-up, you are required to register your service with the WCB using the registration form (WTC-12) no later than September 11, 2026. This registration will preserve your right to future benefits if you ever need them. You should file Form WTC-12 whether you were injured or not, and whether you were paid or volunteered.

While volunteers are typically not eligible for workers’ compensation benefits, the New York State Workers’ Compensation Law provides an exception for coverage for WTC volunteers who incurred lost wages and/or health-related problems due to their volunteer work in the WTC rescue, recovery, and clean-up efforts. The WTC Volunteer Fund was established in 2002, is administered by the WCB, and is now funded by the State of New York.

Available Treatment Options

The WTCHP and WCB offer a variety of behavioral health treatment options for those affected by the 9/11 attacks. These include individual and group counseling, psychotherapy, medication management, and support groups. Additionally, the WTCHP provides referrals to local mental health resources, providers, and programs. 

Consult a 9/11 Attorney for Legal Aid with Your 9/11-Related Trauma

If you or a loved one have suffered mental health issues related to the 9/11 attacks, you may be entitled to no-cost medical care and workers’ compensation benefits. A qualified 9/11 lawyer can provide advice and guidance on filing a claim with the WCB, as well as assist in getting you registered with the WTCHP to obtain the necessary medical treatment and monitoring you require. Contact the dedicated 9/11 attorneys at Hansen & Rosasco, LLP for a free consultation.