Pentagon Worker Eligibility for 9/11 Compensation and the 2022 Omnibus Spending Bill

The 9/11 Victim Compensation Fund (VCF) was created to provide financial assistance to Pentagon workers and others who were present at the Pentagon and other exposure zones during the attacks, as well as those who may have been exposed to toxic substances as a result. The program provides compensation not only for physical injuries that day but also for illnesses such as cancer or breathing/digestive disorders that often take many years (sometimes decades) to develop. Available tax-free compensation includes economic and non-economic(pain & suffering) awards, as well as wrongful death damages for families who, at any time over the past 20-plus years, lost a loved one who was at the Pentagon during or the months after the attacks.

The 2022 Omnibus Spending Bill provides for additional funding for those who were injured in the attack and those who suffered illnesses or other health-related issues due to the attack, subsequent clean-up and rescue efforts, and/or the toxic dust cloud that remained in the air for months afterward. This bill also includes a funding source for the lump-sum catch-up payments for the thousands of spouses and family members in the United States Victims of State Sponsored Terrorism Fund (USVSST) who were previously excluded from funding due to their participation in the 9/11 VCF. 

Were You or a Loved One Present at the Pentagon Between September 11 and November 19, 2001?

If you were present at the Pentagon between September 11, 2001, and November 19, 2001, and have suffered an injury, illness such as any cancer, or any other health-related issue or are the family member of someone who has died as a result of an injury or cancer, you may be eligible for compensation. 

As the home of the Department of Defense, the Pentagon was a direct target of the terrorist attack and as a result, many were injured during the attack, and many more were present in the building at the time and in the months afterward. For those who were present at the Pentagon between September 11th and November 19th, 2001, there may be compensation available through the 9/11 Victim Compensation Fund (VCF). 

The VCF was established along with the World Trade Center (WTC) Health Program as part of the James Zadroga 9/11 Health and Compensation Act of 2011 (now the “Never Forget the Heroes Act”) and provides financial compensation to those who were injured or killed in the terrorist attacks of September 11, 2001, due to their presence at the Pentagon, the World Trade Center, the Shanksville, PA crash site, or any other areas considered part of the exposure zone. The VCF is an important step in providing financial assistance to those who have suffered due to their work at the Pentagon during or after 9/11, providing a measure of financial security and peace of mind to those who were injured, suffered illnesses, or lost a loved one.

Pentagon Worker Eligibility for 9/11 Compensation

At the time of the attack, many people were working at the Pentagon, either as civilians or military personnel. If a worker was present at the Pentagon between September 11th and November 19th, 2001, they may be eligible for compensation from the VCF. To qualify, they must have been present at the Pentagon during that time frame, have a physical injury or illness such as any type of cancer diagnosed after the attacks and provide evidence of their presence at the site during that time frame. Various deadlines for registration with the VCF, for filing VCF claims, and for submitting documentation must also be met to ensure eligibility.

Why So Few Pentagon Workers Currently Receive Compensation

Although many people were present at the Pentagon on the day of the attack, relatively few have applied for and received compensation from the VCF. This can be attributed to a number of factors. It may be attributed to the fact that the application process can be complicated and intimidating, with various deadlines and requirements which can cause delays and confusion, resulting in claims not being filed, or being filed incorrectly. In addition, many people may not even be aware that they are eligible for compensation. Many people also do not know that the fallout from the attacks resulted in exposure to toxic dust and debris that has been definitively linked to cancer even many years later. 

The VCF has also faced a number of struggles, resulting in delays in processing applications and payments to survivors. The experienced 9/11 attorneys at Hansen & Rosasco can determine if you’re eligible for tax-free compensation and work through the VCF application process for you. Since 2001, 9/11 claims are all that we do.

Factors Relating to Pentagon Worker Compensation Payouts

When a person applies for compensation from the VCF, the amount of compensation they will receive is calculated individually and will depend on a number of factors, including the severity of their injury or illness, the impact it has had on their lives, and their economic and non-economic losses due to the impact of their cancer or other illness. A Special Master for the 9/11 VCF exercises discretion in the final determination of awards based on factors such as whether to exceed the presumed maximum amounts when a claimant has multiple illnesses.

The actual amount a victim or family member of a deceased victim receives includes amounts for the economic loss plus non-economic loss (pain & suffering). Working with an experienced 9/11 attorney is important to ensure the submission of all the relevant documentation that will affect compensation payouts. 

Understanding the 9/11 Responder and Survivor Health Funding Correction Act

In 2021, the 9/11 Responder and Survivor Health Funding Correction Act was introduced by U.S. Senators Kirsten Gillibrand and Charles E. Schumer, and U.S. Representatives Carolyn B. Maloney, Jerrold Nadler, and Andrew Garbarino in order to provide additional funding for those who were present at the Pentagon on the day of the attack, to correct funding errors and to help close an impending budget shortfall. While this bill did not pass, a provision to provide partial funding was incorporated through an amendment in the 2022 Omnibus Spending Bill, known as the Fairness for 9/11 Families Act. This legislation allows the USVSST to equally compensate the widows and dependent children of those lost as a result of the attacks of 9/11.

How the 2022 Omnibus Spending Bill Affects the Pentagon's 9/11 Responders and Survivors

The 2022 Omnibus Spending Bill is a major step forward for the 9/11 responders and survivors. The Omnibus Spending Bill ensures further funding to support and care for the 9/11 responders and survivors who were injured or exposed to toxic chemicals and dust at the Pentagon following the attacks on the United States on September 11, 2001, and will help to provide healthcare and other needed services to the 9/11 responders and survivors who are suffering from illnesses caused by the exposure to toxic chemicals and dust at the Pentagon. 

This bill also provides funding for direct family members of Pentagon 9/11 responders and survivors who died as a result of the attacks to make claims with the USVSST. The USVSST was created in 2015 to provide compensation to American hostages and their families, as well as families of those who died on Sept.11. However, because some families received money from the 9/11 VCF, they were prohibited from receiving additional funds from the USVSST. This resulted in non-direct family members being eligible for compensation from the USVSST, and often they received a much greater award than direct family members, who were not eligible for payments from the VCF. Congress corrected this in 2019, through the United States Victims of State Sponsored Terrorism Fund Clarification Act, but the funding was not secured for lump-sum catch up payments until the passing of the 2022 Omnibus Spending Bill. 

The work to support the 9/11 community is not yet done.  To correct deficiencies in the law and address funding shortfalls, NY Metro area Congressional leaders have proposed The 9/11 Responder and Survivor Health Funding Correction Act of 2023 that would:

1. Address the projected funding shortfall and some statutory issues.
2. Fix the original statute from 2010 that has been interpreted by HHS to bar 9/11 responders at the Pentagon and Shanksville who were active-duty DOD military or civilians, as well as other federal employees, from being included in the World Trade Center Health Program.
3. Change minor details in the text of the initial law regarding flexibility in certain program positions, certifications, credentialing providers, and calculating enrollment and time requirements for processing new conditions.

The 9/11 Attorneys at Hansen and Rosasco Will Fight to Get You the Compensation You Deserve

If you or a loved one were present at the Pentagon on the day of the attack, you may be eligible for compensation from the 9/11 Victim Compensation Fund. The attorneys at Hansen and Rosasco are dedicated to helping those affected by the events of September 11th, 2001 get the compensation they deserve. Our team of experienced 9/11 attorneys will fight for you. Contact us today to learn more about how we can help you receive the compensation you need.