Contact our Victim Compensation Fund (VCF) lawyer, Hugh Stephens, at 716-208-3525 for help filing a VCF claim. Stephens and Stephens LLP represent victims of the September 11th terrorist attacks who intend to claim compensation under the Victim Compensation Fund. The fund administered by the Department of Justice provides financial payouts to individuals, first responders, and families of victims who suffered physical health complications or died due to exposure at the Pentagon, the World Trade Center, and the Shanksville, PA, crash sites. The VCF compensation includes economic losses, which include lost wages, future earning capacity, and loss of employment benefits, as well as non-economic losses such as illnesses, pain, suffering, and physical impairment. Any payment awarded to the claimant to cover such losses is deducted from any other payout the claimant received for the same injuries, including life insurance, pensions, or Social Security Disability Insurance (SSDI).
Administered by the U.S. Department of Justice and the Special Master, the fund is scheduled to run through October 1, 2090. The original VCF was created shortly after the 2001 terrorist attacks and closed in 2003. It initially provided compensation to persons injured and the families of persons killed in the attacks and their immediate aftermath. Congress reopened the VCF in 2011 to compensate persons who responded to the attack sites, participated in the sites’ cleanup activities, and those who lived in lower Manhattan during the attacks. There is no limit on the total VCF award amount. However, there are limits on the amounts that a victim can be awarded for economic and non-economic losses the individual suffered.
Health effects of the 9/11 attacks
The 9/11 terrorist attacks exposed thousands of individuals to hazardous dust, debris, smoke, and toxic chemicals released by the collapse of the World Trade Center, as well as at the Pentagon and Shanksville crash sites. First responders, recovery workers, residents, students, office workers, volunteers, and visitors who were present in affected areas faced significant health risks that continue to impact many people today.
Exposure to these harmful substances has been linked to a wide range of physical health conditions, including respiratory diseases, digestive disorders, cardiovascular conditions, and numerous forms of cancer. Scientific studies have shown that prolonged exposure to the toxic environment created by the attacks increased the likelihood of developing serious illnesses years after the events occurred.
To address these long-term health consequences, the U.S. government established programs such as the September 11th Victim Compensation Fund (VCF) and the World Trade Center Health Program (WTCHP). These programs provide medical monitoring, treatment, and financial compensation to eligible individuals whose illnesses have been certified as related to their exposure following the attacks.
More than 60 types of cancer and numerous non-cancer physical conditions are recognized as World Trade Center-related health conditions and covered under the VCF. Many who survived the attack continue to experience chronic health challenges, highlighting the lasting impact of the September 11 attacks on public health and the importance of ongoing support for affected individuals and their families.
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Eligibility Ee VCF Compensation for Physical Harm
VCF provides compensation to individuals and representatives of deceased individuals who were present at one of the three crash sites, and later diagnosed with a 9/11-related physical illness, during the following time periods:
- The World Trade Center or the surrounding New York City Exposure Zone between September 11, 2001, and May 30, 2002
- The Pentagon site between September 11, 2001, and November 19, 2001
- The Shanksville, Pennsylvania site between September 11, 2001, and October 3, 2001
Those eligible for VCF benefits include:
- Those whose loved ones died as passengers or crew members on one of the aircraft during the September 11, 2001 hijacking.
- Those whose loved ones died as a direct result of the terrorist-related aircraft crashes during rescue, recovery, or debris removal activities.
- Those present at the September 11th crash site and suffered physical harm as a direct result of the crashes or the rescue, recovery, and debris removal efforts. These include individuals with World Trade Center (WTC)-related physical health conditions as defined by the World Trade Center Health Program (WTCHP). The WTC Health Program is a separate program that provides medical monitoring and treatment to eligible members.
VCF Registration
To be considered for compensation, the claimant should be registered with the VCF. Registered individuals are entitled to file a VCF claim in the future. Those who can register include those present at or around the crash sites during and after the incident, including those who participated in the rescue, recovery, and clean-up, or handled debris from the crash sites, as well as residents, students, visitors, volunteers, first responders, and office/business workers. You do not have to be sick to register.
Economic and Non-economic VCF Compensation
The special master determines VCF benefits based on the type of loss. For non-economic losses, cancer claims are compensated at a maximum of $250,000, and all other claims at $90,000. If a WTC-related health condition causes death, VCF awards a non-economic loss of $250,000 plus an additional $100,000 for the deceased’s spouse and each dependent. Determinations are made on a case-by-case basis, and in some cases, the special master may award non-economic losses exceeding these limits.
When determining economic losses, the special master considers only the first $200,000 of annual income for past earnings and future earning capacity. This limits the amount of economic losses payable. The amount is periodically adjusted to account for inflation and may also be reduced by other payments made to claimants related to the person’s injury or death.
Evidence required when filing a VCF claim
- Proof of Presence
To qualify for a VCF claim, you must prove that you were present in the NYC Exposure Zone (Lower Manhattan below Canal Street), the Pentagon, or Shanksville, PA between September 11, 2001, and May 30, 2002. Such evidence can be established through corporate records, employment badges, school transcripts, or utility bills.
- WTC Health Program Certification of Illness
A VCF claim cannot be paid unless your illness is first officially certified by the World Trade Center (WTC) Health Program, which is a completely separate entity. For one to obtain the WTCHP certification, he or she must prove a direct link between his or her illness and the 9/11 attack.
WTC-Related Physical Health Condition
In most cases, the VCF compensates WTCHP-certified conditions. To be covered by the WTCHP and thus compensable under the VCF, a condition must be on the list of WTCHP-covered conditions, and it must be determined that exposure in the aftermath of the September 11, 2001, terrorist attacks “is substantially likely to be a significant factor in aggravating, contributing to, or causing the illness or health condition.” WTCHP-covered physical and health conditions are provided in statute in Sections 3312(a) and 3322(b) of the Public Health Service Act (PHSA), and others are added through rulemaking by the WTCHP administrator.
The WTCHP has a standardized guide for determining whether a person’s condition was caused by exposures related to the September 11, 2001, attacks. This determination is based on the amount of time a person was physically present at a site and the specific activities the person engaged in. Evaluation is also based on “professional judgment” and “any relevant medical and/or scientific information.”
For example, “a person who was engaged in search and rescue activities at the WTC site between September 11 and September 14, 2001, must have been present for at least 4 hours for the WTCHP to certify his or her condition and thus compensable by the VCF, whereas a person whose only activity was passing through Lower Manhattan during the same period, and who was not caught in the actual dust cloud resulting from the buildings’ collapse, must have been in the area for at least 20 hours to be eligible for compensation.”
For claims related to cancer, the administrator uses the available scientific evidence to determine if a cancer should be covered by the WTCHP and, by extension, the VCF. The VCF does not include any provisions for benefit payments for mental health conditions.
VCF Claim Deadlines
The deadline for filing a claim for VCF benefits is October 1, 2090. For one to be considered for a VCF claim, he or she must have registered with the VCF by the following deadlines:
- October 3, 2013, if the claimant knew, or reasonably should have known, on or before October 3, 2011, that he or she suffered a physical harm or the victim died as a result of the 9/11 attacks or rescue, recovery, or debris removal efforts, and that he or she was eligible for the VCF
- Within two years of the date the claimant knew, or reasonably should have known, that he or she has a WTC-related physical health condition, or the victim died as a result of the 9/11 attacks, and is eligible for the VCF
If the condition was later added to the list of WTCHP-covered conditions, the two-year period begins on the later of the dates on which a relevant government entity determined that the condition is related to the September 11th attacks or on which the condition was added to the WTCHP-covered list of conditions.
Latency Requirements
For VCF claims to be accepted, they must meet the WTC latency requirements. The minimum latencies for the 5 categories of cancer under the WTC Health Program are as follows:
- Mesothelioma has a latency of 11 years after exposure to mixed forms of asbestos
- The latency for all solid cancers (other than mesothelioma, lymphoproliferative, thyroid, and childhood cancers) is 4 years
- The latency of lymphoproliferative and hematopoietic cancers (including all types of leukemia and lymphoma) is 0.4 years (equivalent to 146 days)
- Thyroid cancer has a latency of 2.5 years
- Childhood cancers (other than lymphoproliferative and hematopoietic cancers) have a latency of 1 year
Appealing a denied claim
If a claimant is dissatisfied with the special master’s decision, he or she may file an appeal for a hearing before a VCF-appointed hearing officer. If the claim is unsuccessful after the appeal, the claimant cannot take any further action. However, the claimant may amend his or her claim and provide new evidence to support his or her claim.
Hire VCF attorney Hugh Stephens for help filing/appealing your Claim
Our VCF claims lawyer, Hugh Stephens, is highly specialized in federal injury law, in toxic environmental exposure, and in federal and state workers’ compensation claims. While you can file a 9/11 compensation claim on your own, hiring an experienced VCF attorney hastens the claim process. An experienced attorney will help submit a flawless application, navigate the complex medical-legal requirements, prevent costly delays, and maximize your financial payout. If your claim was initially denied or your compensation is undervalued, you only have a 30-day window to file an official appeal. We can help you gather new, compelling evidence and present oral arguments during a formal, live hearing before a VCF representative. Our fees are 10% of your final award, and we only charge our VCF claimants after they have received their settlement.