This year marks the 25th anniversary of the 9/11 terror attack that devastated New York. Nearly 3,000 people lost their lives on that day, and thousands more continue to fall victim to illnesses caused by toxins generated in the attack. Documents recently released by the Mamdani Administration reveal the danger these toxins posed to New Yorkers and indicate that New York government officials may have misled the public about the threat posed by those toxins. Since the attack, New Yorkers have suffered from diseases such as cancer, heart disease and respiratory conditions, caused by exposure to these toxins.
While the harm to victims of the 9/11 terror attack may never be truly rectifiable, there are avenues victims can pursue for help. The federal September 11th Victim Compensation Fund (“VCF”) remains available to qualifying individuals suffering from physical conditions related to the 9/11 terror attacks, as well as certain families of victims who have died from those conditions. Congress has authorized the VCF to process claims through October 1, 2090. Additionally, the World Trade Center Health Program (“WTCHP”) provides eligible individuals with medical monitoring and treatment for certified 9/11-related conditions at no out-of-pocket cost. For people who were present in Lower Manhattan or participated in rescue, recovery, or cleanup activities after September 11, it is important to know that aid is available. If you or a loved one has been affected by toxic exposure from 9/11, it is important to discuss your rights and options with a lawyer. The attorneys at Grandelli & Eskenasi have been fighting for the rights of 9/11 victims since that tragic day.
What this guide covers
- The September 11th Victim Compensation Fund (VCF)
- The World Trade Center Health Program (WTCHP)
- Justice Against Sponsors of Terrorism Act
- Steps to Take if You Have Been Diagnosed with a 9/11 Related Illness
The September 11th Victim Compensation Fund (VCF)
The September 11th Victim Compensation Fund (VCF) is a federally funded program that financially compensates victims of the 9/11 terror attacks that were physically present at one of the three attack sites, and experienced physical injury, or have been since diagnosed with an illness related to the attacks. In 2019, Congress permanently authorized and funded the VCF, extending the deadline for submitting claims until October 1, 2090. Additionally, an authorized personal representative of a deceased victim of the 9/11 attacks may file a deceased victim claim with the VCF. If you or a loved one were present in one of the attack sites for the following date ranges, and have been diagnosed with an illness related to the 9/11 terror attacks, you may qualify for compensation:
- The World Trade Center or the surrounding New York City (NYC) Exposure Zone between September 11, 2001, and May 30, 2002;
- The Pentagon site between September 11, 2001, and November 19, 2001; or
- The Shanksville, Pennsylvania site between September 11, 2001, and October 3, 2001.
The World Trade Center Health Program (WTCHP)
The WTCHP is a federal health care program that provides eligible responders and survivors with monitoring and medical treatment for certified conditions. Once a person is enrolled and a condition is certified, treatment for that condition can generally be provided through program-affiliated providers without out-of-pocket cost.
Steps to Take if You Have Been Diagnosed with a 9/11 Related Illness
If you or a loved one has been diagnosed with an illness related to the 9/11 terror attacks, it is important to reach out to a law firm to discuss your rights and to assist you in obtaining compensation and benefits. The attorneys at Grandelli & Eskenasi will help you take the following steps to protect your rights:
1. Establish Presence at One of the Three Attack Sites
To qualify for compensation, a victim of the 9/11 terror attacks must demonstrate that they were present at one of the 3 sites during the time periods previously addressed. To establish presence at one of these sites, evidence may be submitted by the claimant including employment records, union records, school records, residential records, contemporaneous documents, or other evidence establishing presence during the relevant period.
2. Apply to the World Trade Center Health Program
If you or a loved one was present at one of the three attack sites and have been diagnosed with an illness you believe to be related to the September 11th attacks, it is important to apply to the WTCHP. As part of your application with the WTCHP, you will need to provide documentation demonstrating that you qualify, including documentation showing presence at one of the three attack sites. After enrolling with the WTCHP, a claimant is evaluated by a medical provider. If the medical provider determines that the claimant’s illness is sufficiently related to the 9/11 terrorist attack, that applicant will be eligible to receive treatment through the WTCHP.
3. Register with the September 11th Victim Compensation Fund
Registering with the VCF is important because registration preserves a victim’s right to file a claim with the VCF in the future. To register with the VCF, a claimant must receive a determination from a governmental entity, such as the WTCHP, that the claimant’s illness is related to the 9/11 terror attacks. Once that determination is made, a claimant has a two-year deadline to register with the VCF.
4. File the Compensation Claim
After registering with the VCF, a claim may be filed. Claims may be submitted via the VCF’s online Claims Management System. As part of the claims process, the claimant will need to provide the relevant documentation supporting their claim. While a claimant does not need an attorney to file a claim, an experienced attorney can greatly assist a claimant in identifying and gathering the necessary documentation, determining what categories of compensation should be requested, responding to VCF inquiries, and challenging an adverse determination.
If you or a loved one was exposed to Ground Zero toxins and diagnosed with an illness, our dedicated 9/11 Victim Compensation Fund attorneys are here to help you secure the compensation and benefits you deserve.