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VCF Payout Chart Awards
A Comprehensive Guide to 9/11 Victim Compensation Fund Awards
The September 11th Victim Compensation Fund (VCF) is a federal compensation program that makes tax-free awards to eligible individuals who developed 9/11-related illnesses (such as any cancer) after they lived, worked, or went to school in the 9/11 Disaster Area (Manhattan south of Canal Street) between 9/11 and May 30, 2002.
The VCF is a federal administrative program run by the US Department of Justice that follows a set of unique specific federal laws, regulations, policies and procedures, and various administrative bulletins, notices, and guidance issued over the past two-plus decades. A VCF claim is not a lawsuit, class action case, or other form of litigation like multidistrict litigation (MDL).
Each VCF claim is individually, given the particular facts and circumstances of each individual claimant, including their individual medical conditions or disease (such as cancer, a digestive condition, or breathing disorder) as well as any individualized economic losses suffered by the claimant such as lost earnings, the loss of any employer-provided benefits, past out-of-pocket medical expenses, and other economic losses suffered by the VCF claimant related to his or her 9/11-related physical health condition.
It's essential to understand that because each VCF claim is decided on an individual claim-by-claim basis, there is no official (or unofficial) VCF payout chart or payment grid used to calculate a VCF award. There are, however, general guidelines that we are able to provide based on our firm’s decades of hands-on experience in handling thousands of 9/11 VCF claims.
Given that there is a wide range in award amounts for each type of 9/11-related medical conditions and each person's individual circumstances, it is essential that a 9/11 VCF claimant have expert legal guidance before the claim is filed so that a claim can be properly prepared, that each claim be assembled and presented to the VCF in the best possible light to achieve the highest (and quickly) award possible, and that all different types and forms of available additional compensation be explored.
Not having sound legal advice will often lead to the award amount not being maximized, at a potentially significant loss to a 9/11 VCF claimant.
IMPORTANT: The VCF will NOT make an award for compensation that is not specifically requested and supported by medical proof such as a WTC Health Program “certification” or for other losses that are not requested and properly claimed and supported by sufficient supporting proof or the claimed loss.
This comprehensive guide will delve into the VCF payout ranges generally, providing clarity on the potential compensation for various 9/11-related health conditions.
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VCF PAYOUT CHART: |
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Award Amount |
Disorders |
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Up to $90,000, varies from claim to claim. |
Airway and digestive disorders, including asthma, chronic cough syndrome, chronic laryngitis, chronic Nasopharyngitis, chronic respiratory disorder (from fumes and vapors), chronic rhinosinusitis, Gastroesophageal reflux disorder (GERD), interstitial lung disease, new-onset and WTC-exacerbated chronic obstructive pulmonary disease (COPD), reactive airway dysfunction syndrome (rads), sleep apnea and upper airways hyperreactivity. |
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Up to $90,000, varies from claim to claim. |
Skin cancer (non-melanoma) |
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Up to $200,000 and possibly as much as $250,000 |
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Up to $250,000 or more, varies and depends on each particular claim |
Other cancers include blood and lymphoid tissue (including lymphoma, myeloma, and leukemia), breast cancer (female & male), childhood cancers, cancers of the digestive system (including colon and rectum cancer), eye and orbit cancer, ovarian cancer, head and neck (oropharynx and tonsil cancer), mesothelioma, cancers of the respiratory system (including lung and bronchus cancer), melanoma skin cancer, soft and connective tissue cancer, thyroid cancer, urinary system cancers (including kidney and bladder cancer), uterine and endometrial cancer, and rare cancers. |
The VCF payout chart provides an overview of the compensation for various 9/11-related illnesses. It's crucial to note that these amounts are just a starting point – actual payouts can be significantly higher, depending on the victim's specific circumstances, including what economic and non-economic losses they are able to show.
Economic Loss Awards May also be Available
In addition to the non-economic (pain and suffering) losses as detailed in the chart above, a VCF claimant may also be eligible for an award of economic losses. Economic losses include items such as lost wages, loss of employer-provided fringe benefits such as health insurance, pension, 401(k) match, and any other employer-provided benefits, loss of household services, and funeral and burial expenses in cases where the 9/11 victim passed away. In the past, the highest awards by the VCF have included economic losses, with our firm having succeeded in such claims with awards close to $4,000,000.00 and many multi-million dollar awards for disabled workers.
Wrongful Death (Deceased Claims) Awards
In addition to the above-detailed awards for pain and suffering and economic losses, wrongful death claims (called “deceased claims” by the VCF), involve losses and awards in addition to the personal injury pain and suffering and economic awards. VCF deceased claim awards often and may also include additional losses such as $250,000.00 related to the 9/11-related death, $100,000.00 for a surviving spouse, $100,000.00 for each surviving dependent of the deceased, funeral and burial expenses that are often tens of thousands of dollars, and also, in the appropriate case, future economic losses such as lost earnings that range from several thousand to millions of dollars.
Economic losses also include employer-provided benefits such as employer-paid healthcare, the loss or reduction of pension benefits, lost future raises of pay increases, cost of living increases of adjustments (a COLA), and other benefits that were provided to the deceased by unions (or an employer) such as annuities, sick pay, the loss of vacation pay, and whatever other economic employer-provided losses. These losses can vary by tens or hundreds of thousands of dollars and MUST be thoroughly explored and fully and properly documented when submitted to the VCF.
Finally, the VCF also provides for an award of replacement services, which is compensation for the loss of household or other services that were performed before the 9/11 claimant became disabled or passed away. If fully and properly documented with affidavits and other legally sufficient proof, replacement services awards range from a few thousand dollars to hundreds of thousands of dollars. A full understanding of these losses is critical to a maximum award, as is the complete preparation of documents to support the maximum available award for household services losses.
9/11 VCF Eligibility Must First Be Proven
The first step in assessing the VCF payout is understanding how eligibility is determined. To be eligible for compensation, claimants must prove that they were present (typically as a first responder or a civilian area worker, resident, or student) in the 9/11 Exposure Zone between 9/11 and May 30, 2002. Additionally, they must have developed a 9/11-related illness (including most any type of cancer) and have that illness certified as 9/11-caused by the WTC Health Program (WTCHP). People who lost a family member to a 9/11-related illness or physical injury (again almost any type of cancer or breathing condition) are also potentially eligible for compensation. Eligible conditions span a wide range, from different types of cancers (such as lung, prostate, breast, colon, or any of over 70 other different types of cancer) to respiratory diseases, and gastrointestinal disorders, and the award amounts are designed to reflect the severity and impact of these conditions on victims' lives.
Taxes and Your VCF Payout
When filing a claim for a VCP award, it's essential to understand the potential tax implications. VCF awards are, in general, exempt from federal income taxes. This includes compensation for economic loss damages such as loss of earnings and loss of benefits such as Social Security Disability, as well as non-economic loss damages, also known as pain and suffering damages.
The IRS has published guidance as to the non-taxability of VCF awards at IRS Publication 3920. This IRS Guidance is specific to VCF awards and provides that any amounts awarded and paid by the VCF are not income subject to taxes: ”Payments from the September 11th Victim Compensation Fund of 2001 are not included in income.”
State and local taxes do vary depending on your location. Investing your money may also lead to tax liabilities. For these reasons, it is advisable to consult with a knowledgeable advisor specializing in VCF claims to understand any potential tax liabilities better.
Our Experienced 9/11 VCF Attorneys Will Get You the Compensation You Deserve
Securing the maximum compensation from the VCF can be a complex process, requiring extensive documentation and a thorough understanding of the law surrounding the 9/11 Victim Compensation Fund. This is where a seasoned law firm can make a substantial difference, a difference that can be tens of thousands to an additional million dollars in an award.
Our team of dedicated attorneys is exclusively focused on handling VCF claims. We will meticulously navigate the claim filing process, ensuring that you receive the maximum award you are entitled to in the quickest time possible. We also help avoid the denial of a claim and a $0 award. Whether you're struggling with a 9/11-related illness or seeking compensation for a deceased victim, we will guide you through the process with compassion and expertise.
Remember, the VCF exists to alleviate the financial burden of 9/11 survivors and the families of deceased victims. Understanding the VCF payout chart and the factors that influence your award amount can help ensure you receive the full compensation you deserve. Reach out to the dedicated 9/11 attorneys at Hansen & Rosasco, LLP today for a comprehensive review of your case and guidance on securing your rightful VCF award.
