World Trade Center 9/11 Claims

 

The James Zadroga 9/11 Health and Compensation Act Updates



WTC - Zadroga Update January 30, 2013.

9/11 Fund Makes First Payments

Fifteen emergency responders who worked at Ground Zero will be the first to receive awards from the new Sept. 11 victim-compensation fund, for amounts ranging from $10,000 to $1.5 million, officials said Tuesday.

WTC - Zadroga Update January 28, 2013.

Health Registry Publishes 1st Cancer Study Among Enrollees

The study did not find increases in cancer rates in people directly exposed to the WTC disaster overall, but did find small increases in rates of three types of cancer—prostate cancer, thyroid cancer and multiple myeloma—among rescue and recovery workers in the late period (2007-2008) compared to non-exposed New York State residents.

WTC - Zadroga Update June 6, 2012.

Ruling Allows Health Fund for Sept. 11 to Cover Cancers

A federal health official’s ruling has cleared the way for 50 different types of cancer to be added to the list of sicknesses covered by a $4.3 billion fund set up to compensate and treat people exposed to the toxic smoke, dust and fumes in the months after the Sept. 11, 2001, terrorist attack.


WTC - Zadroga Update June 6, 2012.

Ruling Delayed on Adding Cancer to 9/11 Fund Illnesses

An eagerly awaited federal ruling on whether to include cancer among the illnesses that will be treated and result in compensation using money set aside by Congress for victims of the Sept. 11 attack on the World Trade Center has been delayed by several days, federal officials said Tuesday.

WTC - Zadroga Update May 25, 2012.

New Clinic Opens in Brooklyn for WTC Responders

Stony Brook University and SUNY Downstate Medical Center opened a satellite clinic in Brooklyn for responders enrolled in the WTC Health Program. The clinic is located at: Downstate Medical Center, Kings County (Contact Main Clinic First) 
760 Parkside Ave
Brooklyn, NY 11226

WTC - Zadroga Update March 12, 2012.

WTC Victims Compensation Fund, A Treatise For Lawyers. See our article "Zadroga Act Reopens the Victims Compensation Fund of 2001," published in the February 2011, Brooklyn Barrister (see pages 5 and 10), the official publication of the Brooklyn Bar Association. Also see the full text.
 

WTC - Zadroga Update February 18, 2012.

Some 9/11 cancer is getting the consideration it deserves

9/11 Health Panel Votes to Cover Cancer Under Zadroga Act


WTC - Zadroga Update January 31, 2012.

Stony Brook University formally opened a satellite clinic to treat responders in Nassau Clinic as part of the federally funded World Trade Center (WTC) Health Program. The clinic is located at Winthrop Wellness Pavilion in Garden City.
Find all clinic locations

WTC - Zadroga Update December 5, 2011.

VCF FAQ (Frequently Asked Questions) Click Here

WTC - Zadroga Update October 3, 2011.

The WTC fund registration process has begun. While technically open, the actual application process is not expected to begin until November of this year. Full text:Click Here

The James Zadroga 9/11 Health and Compensation Act General Information

We have been receiving steadily increasing inquiries regarding the January 2, 2011, enactment of H.R. 847, otherwise known as The James Zadroga 9/11 Health and Compensation Act. As a service to the reader, we are providing you with a preliminary summary of the act’s relevant provisions.

The Zadroga Act, which reopens the Victims Compensation Fund of 2001, provides $4.2 billion dollars to finance two important benefits:
1. Continued Health care monitoring and treatment and;
2. Compensation to Members of Service or the relatives of deceased Members of Service who were physically injured or killed as a result of 9/11.

Sheila Birnbaum has been appointed Special Master, by the U.S. Attorney General. The Special Master is responsible for administering the fund, processing claims and promulgating regulations. Until such regulations and procedures go into effect, no claim can be filed (the fund is expected to commence in October 2011). However, the Act does provide information on coverage:

Eligibility:

WHO: Workers, volunteers, and certain residents who suffered exposures during the terrorist attacks and subsequent rescue and recovery operations.
WHAT: The development of serious, physical ailments which may include: Asthma, COPD, Interstitial Lung Disease, Asbestosis, certain Cancers, Chronic Sinusitis, Chronic Rhinitis, GERD, Sleep Apnea and Birth Defects.
WHEN: 4 Hours in first 4 days; 1 Day in September of 2001; or 80 hours between 9/11/2001 & 7/31/2002.
WHERE: In lower Manhattan, (south of Canal), the Staten Island Landfill or Barges and Piers.
HOW: Treatment: The Zadroga Act requires treatment by medical professionals for 9/11 related physical injuries within a reasonable time from the date of discovery and which is supported by contemporaneous medical evidence.


Time Periods Within Which Claims must Be Filed: The Zadroga Act divides those who can file into two groups to be determined by the Special Master.

Group 1: Individuals who knew or should have known that they suffered a physical harm as a result of 9/11 BEFORE the date the new regulations are promulgated - such individuals will have two years from the date new rules are promulgated by the Special Master in which to file a claim.
Group 2: Individuals who become aware of a physical harm as a result of 9/11 AFTER the date new rules are promulgated by the Special Master - such individuals will have two years form the date the Special Master determines that such individual knew or should have known that they suffered from such harm and were eligible to file a claim.

IN ALL CIRCUMSTANCES CLAIMS ARE TO BE FILED DURING THE FIVE YEARS from the date the new rules are promulgated.

Pending and Future Civil Claims:
This Fund was established as an alternative to litigation and requires that individuals who wish to file a claim, waive their right to file a future civil action for damages as a result of 9/11 in Federal or State court. The Zadroga Act also makes provisions for those who previously commenced civil actions during the years since the Victims Compensation Fund closed (December 2003) in two ways:
Pending Actions: Individuals with pending claims may not submit a claim under this act unless they withdraw from such action within 90 days from the date that regulations are established.
Settled Actions: Such individuals may not submit a claim unless such action was commenced AFTER 12/22/2003 and a release of all claims in the action was tendered prior to the date on which the Zadroga Act was enacted.

Benefits:
Claims can be filed for both Economic and Non-economic losses.
Economic Loss means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. Non-economic Loss means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service) hedonic damages, injury to reputation, and all other non-pecuniary losses of any kind or nature.
The Special Master in determining award values, shall consider Collateral Source compensation, which may include life insurance, pension benefits, death benefits, and payments by Federal, State, or local governments related to 9/11, or prior civil claim awards.

Capped Legal Fees
The Zadroga Act has prudently established that attorney fees for representation in connection with such claims will be capped at 10%.

This information is not meant to cover every situation, it is, instead a general statement of the Zadroga Act the procedures of which have not yet been established, and is not to be used as a substitute for specific legal advice from an attorney.  For additional information, contact us for a no-cost consultation.


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