After nearly a decade long fight to stand by our first responders who answered the call of duty on September 11th, Congress finally fulfilled its moral obligation in late 2010 and provided our 9/11 heroes with the health care and financial compensation they deserved by passing the James Zadroga 9/11 Health and Compensation Act. With the Zadroga bill’s two critical programs – the World Trade Center (WTC) Health Program and the September 11th Victim Compensation Fund – set to expire in October 2015 and October 2016 respectively a bipartisan group of lawmakers from across the country today introduced the James Zadroga 9/11 Health and Compensation Reauthorization Act to permanently extend these programs. Last month, the U.S. Senate unanimously passed an amendment to the Senate budget resolution that will facilitate future legislation to renew and extend the Zadroga Act.
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Thursday, April 16, 2015
Thursday, August 13, 2015
Senator Gillibrand: We Have a Moral Obligation to Care for 9/11 Heroes, Survivors & Their Families
As the Zadroga Act slowly journeys to expiration, Senator Kristen Gillibrand (D-NY) declared that, “We Have a Moral Obligation to Continue to Provide the Critically Needed Care and Compensation That Our 9/11 Heroes, Survivors and Their Families Deserve."
Saturday, January 12, 2013
9/11 VCF Claims: Motley Rice Attorney to Speak About Claims Process
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| Vincent I. Parrett |
Parrett, who represents 9/11 survivors and victims’ families, has been an advocate for the rights of cancer-stricken 9/11 survivors who were exposed to toxins at the 9/11 crash sites and a strong supporter of the efforts made to allow them to seek compensation under the “New” Victim Compensation Fund (VCF).
In addition to the thousands who lost their lives or were injured during the Sept. 11, 2001 attacks, many others were hurt by exposure to environmental toxins that the attacks or cleanup work caused. Signed into law by the President in 2011, The James Zadroga 9/11 Health and Compensation Act of 2010 broadened the scope of the original September 11th VCF and expanded eligibility for compensation to first responders, cleanup workers, volunteers and others involved in the rescue and debris removal efforts.
This reactivated VCF began the process of providing economic relief to people who were physically injured or suffered toxic exposure. Among those who might be eligible for compensation are first responders, cleanup workers and residents in the Canal Street area who suffered injuries, illness or death resulting from work or toxic exposure at the World Trade Center, Pentagon or Shanksville, Penn., crash sites.
Most recently, on Sept. 10, 2012, federal authorities added 58 types of cancers to the list of covered illnesses. This action enables first responders and others who were at Ground Zero to receive medical care for certain cancers they developed post-9/11.
Learn more about the Victim Compensation Fund.
Click Here to Register Now: for the January 29, 2013 Seminar
Read More About "9/11 Claims" and Workers' Compensation Law.
Dec 19, 2012
The lawmakers wrote in a September 28th letter to OMB Acting Director Zients, “[W]e all agree that applying sequestration to these two programs [established by the James Zadroga 9-11 Health and Compensation Act] does .
Oct 19, 2012
Lawmakers Advocate for the Heroes Who Answered the Call of Duty on 9/11 to be Treated With Same Dignity As Military Veterans -- Slashing 9/11 Treatment and Compensation Funds Violates Congressional Intent and ...
Sep 11, 2012
The National Institute for Occupational Health and Safety today announce publication of a Rule that will allow for medical treatment coverage for 9/11 cancers suffered by 1st responders and residents of lower Manhattan as a ...
Jun 08, 2012
The New York Times is reporting this afternoon that The National Institute for Occupational Safety and Health (NIOSH) has approved for compensation payments 50 types of cancers from the $4.3 Billion Zadroga 9-11 Fund.
Friday, October 19, 2012
Federal Government Urged to Protect Zadroga (9/11 Health Fund) Act from Looming Cuts
Lawmakers Advocate for the Heroes Who Answered the Call of Duty on 9/11 to be Treated With Same Dignity As Military Veterans -- Slashing 9/11 Treatment and Compensation Funds Violates Congressional Intent and Contradicts Precedent to Aid Injured and Sick
With the deadline nearing for Congress to negotiate a balanced deficit-cutting package or face deep automatic cuts across federal programs - known as sequestration - U.S. Senators Kirsten Gillibrand (D-NY) and Charles Schumer (D-NY), joined by Representatives Carolyn Maloney (D-NY), Jerrold Nadler (D-NY), Peter King (R-NY), and 9/11 first responders and survivors, stood at Ground Zero today calling on the Office of Management and Budget (OMB) to exempt the James Zadroga 9/11 Health and Compensation Act from automatic budget cuts should sequestration go into effect on January 1, 2013. The 2013 budget cuts already exempt veterans and at least six federal programs which aid the sick and injured from sequestration cut, including the Payment to Radiation Exposure Compensation Trust Fund, Radiation Exposure Compensation Trust Fund, Energy Employees Occupational Illness Compensation Fund, Vaccine Injury Compensation, Vaccine Injury Compensation Program Trust Fund, and the Black Lung Disability Trust Fund. In total, the OMB has included 150 exemptions to date – including the Federal Crop Insurance Corporation Fund and pensions for former Presidents.
During last summer's debt-ceiling crisis, a deal was reached to automatically cut over $1 trillion in defense and domestic programs, known as sequestration, if a "super committee" could not reach a balanced deficit reduction plan. Despite clear precedent for an exemption for health and compensation programs, a preliminary report by OMB shows that $24 million is slated to be slashed from the 9/11 Bill's Victim Compensation Fund, and an additional $14 million would be cut from the World Trade Center Health Fund in 2013.
The lawmakers emphasized that Congressional members from both parties must come together to work towards an alternative to sequestration – a process they believe to be the wrong approach to deficit reduction, and was only to be triggered as a matter of last resort. In the event that these automatic cuts to military and non-discretionary spending do take place, however, New York’s elected leaders will fight to save 9/11 funds from any sequester cuts.
The lawmakers wrote in a September 28th letter to OMB Acting Director Zients, “[W]e all agree that applying sequestration to these two programs [established by the James Zadroga 9-11 Health and Compensation Act] does not make sense, is not consistent with Congressional intent, does not follow precedent regarding trust funds provided for victims, and we would urge OMB to reconsider this initial finding if it is required to proceed with a sequester… We are concerned that OMB has not fully investigated the facts under which these programs operate.”
“Nothing exemplifies this unbalanced and draconian approach to deficit reduction more than asking our heroes who have already sacrificed so much to sacrifice yet again,” saidSenator Gillibrand. “Our 9/11 heroes who answered the call of duty should be treated with the same dignity as our veterans. Just as we have come together as Democrats and Republicans to fight for our heroes, I urge our colleagues to do the same and work towards a balanced approach that keeps struggling families from sacrificing the most.”
“This is one of the most poignant examples of why we must work to avert the sequester,” said Senator Schumer. “We can entirely avoid this problem if both parties agree to support a balanced deficit reduction plan that includes revenues as well as sensible savings. But in the event that they don't, we must work to make sure there that the burden does not fall on the national heroes who are finally receiving the help they deserve through the Zadroga Act. Veterans have been exempted from sequestration and the heroes who have rushed to towers after 9/11 should be treated the same. They risked their lives in a time of war and suffered for it.”
“Slashing tens of millions of dollars from the World Trade Center Health and Victim Compensation Funds is just plain wrong, said Congresswoman Maloney. “Both are paid for with a dedicated funding stream and do not add one red cent to our nation’s budget deficit. This is a time for all members of Congress to put aside those issues that may divide us and come together as we did in the wake of the 9-11 attacks. After giving our word to those health was affected that we would ‘never forget’ and promising them that we would help them deal with the serious health consequences of responding to the attacks, it would be dishonorable to say now, ‘we take that back.’”
“We are prepared to fight for every last dollar we allocated for our bill, the James Zadroga 9/11 Health and Compensation Act, and ensure that we do not ration assistance for the sick,” said Congressman Nadler. “Thousands of 9/11 responders and survivors are sick today because of their exposure to toxins in and around Ground Zero, and they depend on this funding for their health and well-being. We are calling on the Office of Management and Budget to reconsider its decision on exempting Zadroga from the sequester.”
“We have come too far and our 9/11 heroes have endured too much for this funding to be subjected to a bureaucratic reduction,” said Congressman King. “It would be a cruel hoax to finally allow these individuals to start their necessary treatment, only to find out they will not be able to continue it through no fault of their own.”
“Were I went to school 2 + 2 = 4. I am not sure how they do their math in D.C. The Zadroga bill reduces the deficit by $433 million, said John Feal, Founder and President of the FealGood Foundation. “Why cut a program that reduces the deficit ? We should be talking about adding funds to the bill and keeping it up and running for more than 5 years, certainly not talking about reducing it.”
“Union members fought far too long for health care and compensation for the victims, first responders, recovery workers, and residents of Lower Manhattan to allow that hard fought victory to be eroded by shameful budget cuts,” said New York State AFL-CIO President Mario Cilento. “I commend Senators Schumer and Gillibrand and Representatives Carolyn Maloney, Jerry Nadler, Peter King and the rest of the New York Congressional delegation for standing up for the heroes of 9/11 and pledge that we will not rest until they receive the care and support they deserve.”
“We fought hard for healthcare for those made sick by 9/11 and we will continue to fight for those among us who risked their health, their lives and brought Lower Manhattan back,” said Catherine Hughes, Chair of Community Board 1. “Our heroes must get the healthcare that they deserve period. As a nation we must pay our debts and eliminate government deficits, but the debt we owe to our first responders matters even more.”
In addition to noting that cuts to these programs would be devastating for the families of 9/11 victims and first responders, the five members of Congress also pointed out three key reasons why the 9/11 programs should be exempt from automatic cuts:
· The 9/11 health programs should be added onto the list of federal health and compensation programs that are already immune from cuts. There are currently 150 exemptions, including at least six programs established for injuries and illnesses, signed into law by February 2010—nearly a year before the 9/11 health bill was passed. Had the 9/11 health bill existed then, the 9/11 programs would have been among the items protected from sequestration.
· The proposed budget cuts are an affront to the 9/11 health law that was already formulated to cut the deficit. The 9/11 law was already devised to be fully paid for and to cut the deficit. According to the Congressional Budget Office's estimate, the law slashes $433 million from the deficit.
· The preliminary budget fails to take into account New York City’s agreement to voluntarily pay 10% share for the 9/11 program. Under federal rule, “activities financed by voluntary payments to the government” are exempt from sequester. Lawmakers pointed out that according to this statute, the City’s voluntary contribution should be protected from the sequester process.
The budget already spares veterans from most of the automatic budget cuts. OMB released a letter in April assuring that programs under the Veterans Affairs agency would be exempt from sequestration.
Full text of the lawmakers’ letter from September 28th is below:
Dear Acting Director Zients,
We are writing to convey our deep concern about the Office of Management and Budget’s (OMB) initial determination that the programs established by the James Zadroga 9/11 Health and Compensation Act are subject to sequestration under the Sequestration Transparency Act of 2012. As Members of Congress, some of whom voted for the “Budget Control Act of 2011” and some of whom voted against, we all agree that applying sequestration to these two programs does not make sense, is not consistent with Congressional intent, does not follow precedent regarding trust funds provided for victims, and we would urge OMB to reconsider this initial finding if it is required to proceed with a sequester.
The September 14, 2012 “OMB Report Pursuant to the Sequestration Transparency Act of 2012 (P. L. 112–155)” identifies the World Trade Center (WTC) Health Program, administered by the Department of Health and Human Services and the September 11th Victim Compensation Fund (VCF), administered by the Department of Justice as programs subject to sequestration. Both of these programs are listed as being subject to a 7.6 sequester percentage with the WTC Health Program’s $190 million budget authority for FY 2013 slated for a $14 million reduction and the VCF’s $322 million budget authority reduced by $24 million. Not only would these cuts be devastating for the victims that need assistance, we are concerned that OMB has not fully investigated the facts under which these programs operate.
For example, the 7.6% sequester estimate was applied to the total $190 million health program instead of subtracting the 10% payment volunteered by the City of New York prior to calculating the cut. Pursuant to the PAYGO Statue, Section 11(g) ‘‘Activities financed by voluntary payments to the Government for goods or services to be provided for such payments” are exempt from sequester. The City of New York has voluntarily agreed, through a memorandum of understanding (MOU), to pay a 10% share for the program. Therefore, including their portion of the funding violates the sequester process.
In addition, as OMB is aware, the PAYGO Statute which was signed into law in February 2010 includes 150 exemptions. Among the programs exempted are similar health and compensation programs that have been established for other injuries and illnesses such as: the Payment to Radiation Exposure Compensation Trust Fund, Radiation Exposure Compensation Trust Fund, Energy Employees Occupational Illness Compensation Fund, Vaccine Injury Compensation, Vaccine Injury Compensation Program Trust Fund, and the Black Lung Disability Trust Fund to name a few. But the 9/11 health and compensation funds did not exist at the time the PAYGO Statute was enacted. The James Zadroga 9/11 Health and Compensation Act, which established these funds, was not passed by the Congress until December 2010 and was signed into law by the President in January of 2011. Clearly had the 9/11 Heath and Compensation programs existed in February 2010, when the PAYGO law was passed, they would have been included on the list of specific exemptions and therefore we request that both the health and compensation programs are excluded from sequestration.
Moreover, the James Zadroga 9/11 Health and Compensation Act, when enacted, was not only fully PAYGO compliant with a dedicated stream of revenue that fully pays for the program, but in fact provided an additional $433 million in deficit reduction, revenue above what the Act spent. Given that it was fully PAYGO compliant and in fact in the end will lead to over $400 million in deficit reduction we do not believe that subjecting the two programs to sequester is proper or consistent with the precedent set by similar health and compensation programs provided to injured workers.
In conclusion, we know that the task before OMB is difficult and it is our sincere hope that Congress will find an alternative to sequestration. However, as your report states on page one, “The estimates and classifications in the report are preliminary. If the sequestration were to occur, the actual results would differ based on changes in law and ongoing legal, budgetary, and technical analysis.” We therefore write to you in the hope of pointing out that we do not believe that Congress intended to have these two programs fall under sequestration.
For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.
Friday, August 26, 2011
Remembering 9/11
In commemoration of the tenth anniversary of the September 11, 2001 attacks, the International Center of Photography (ICP) is collaborating with the National September 11 Memorial Museum (9/11 Memorial Museum) on an exhibition of photography and video that addresses the issues of memory and recovery from disaster and explores how New Yorkers and volunteers from across the U.S. responded to this inconceivable tragedy. Remembering 9/11 will be on view at the International Center of Photography (1133 Avenue of the Americas at 43rd Street) from September 9, 2011 to January 8, 2012.
“On the occasion of this important anniversary of the events of 9/11, ICP is pleased to partner with the 9/11 Memorial Museum on an exhibition that honors those who were lost and celebrates the sacrifices of many to recover from those violent acts,” said Willis E. Hartshorn, ICP Ehrenkranz Director. “Photography is, in this case, both a documentary tool to record this process of regeneration and a medium of memorialization and healing.”
Focusing on how firefighters, transit workers, police officers, construction workers, artists, photographers, and World Trade Center (WTC) neighbors worked together in the aftermath of the attacks, the exhibition will include five parts: Memory Remains: 9/11 Artifacts at Hangar 17, a major installation by Francesc Torres; photographs from Eugene Richards’ Stepping Through the Ashes; a five-channel video installation, cedarliberty, by Elena del Rivero and Leslie McCleave; Above Ground Zero, photographs and proof sheets by Gregg Brown; and excerpts from here is new york: a democracy of photographs.
“The work in Remembering 9/11 documents a wealth of different experiences and offers various perspectives on the tragedy and its aftermath. It is the first time some of the work will be exhibited and accessible to the public. Only a handful of Gregg Brown’s extraordinary aerial views of the WTC site, which were commissioned by government agencies right after the attacks, has been seen by general viewers. And Francesc Torres’ installation will be a unique opportunity to see the WTC artifacts that were housed in Hangar 17,” said ICP Curator Carol Squiers, who co-organized the exhibition.
“For years, Hangar 17 has been a repository for stories of loss, courage, heroism, and resiliency that have been told through the recovered WTC steel beams and damaged vehicles,” said Joe Daniels, President and CEO, National September 11 Memorial & Museum. “A year from this year’s opening of the 9/11 Memorial, the world will be able to experience these historic artifacts in the 9/11 Memorial Museum. Our collaboration with ICP offers a window onto the Museum exhibitions we are planning.”
Memory Remains: 9/11 Artifacts at Hangar 17
Francesc Torres’ Memory Remains: 9/11 Artifacts at Hangar 17 is a digital projection installation of 140 photographs taken of the more than 1,500 artifacts removed from the WTC site and preserved inside Hangar 17 at JFK Airport. In Hanger 17, the items were cleaned, catalogued, and arranged in the 80,000 square-foot space, with only a limited number of visitors seeing the collection over the years, including military and police officials and family members of the victims. In April 2009, Torres photographed the collection that had taken shape inside the hangar, including twisted steel beams, crushed emergency and civilian vehicles, the remains of an Alexander Calder sculpture, store merchandise and displays, ID badges, and huge objects dubbed “composites”— compressed fused pieces of building materials, some measuring as much as eight feet on a side and weighing an estimated 25,000 to 30,000 pounds.
“Torres spent five weeks at Hangar 17 in 2009, daily confronting the legacy of terror and the ghosts of Ground Zero,” said Alice M. Greenwald, Director, 9/11 Memorial Museum. “Through Torres’ eyes, we can see the potential for resilience, and the triumph of the human spirit over adversity.”
The Torres work was commissioned for the 9/11 Memorial Museum in 2009. Many of the artifacts from Hangar 17 will be shown at the 9/11 Memorial Museum when it opens in September 2012.
Thursday, January 31, 2013
9/11 Fund Starts Making Payment to Victims
Those eligible include, individuals present at a 9/11 crash site at the time of or in the immediate aftermath, who suffer physical harm as a result of the crashes or debris removal. Also the personal representatives of individuals who were present at a 9/11 crash site, who died as a result of the crashes or debris removal, are eligible to file claims.
Wednesday, February 16, 2011
The James Zadroga 9/11 Health & Compensation Act of 2010
It Is A Guest Blog Featuring Troy G. Rosaco.......On January 2, 2011, President Obama signed the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and financial compensation for victims, responders, and other harmed by the attacks of September 11th and its aftermath.
The Zadroga Act accomplishes two goals important for individuals who suffered injuries or illnesses related to either the actual attacks or the subsequent cleanup.. First, Title I of the Zadroga 9/11Act establishes a comprehensive health plan to monitor and treat injuries suffered by first responders and survivors—including firefighters, police officers, EMT’s, rescue workers, construction workers, cleanup workers, local residents, local area workers, and school children—as the result of the exposure to toxic dust and debris around Ground Zero and other specified areas. Second, Title II of the Zadroga 9/11 Act reopens and expands a number of elements of the September 11th Victim Compensation Fund of 2001.
Title I - Health Benefits
There are a number of health programs funded under the Zadroga Act. The new law establishes a new WTC responders medical monitoring and treatment program to provide medical evaluation, monitoring, and treatment benefits (including prescription drug benefits) to emergency responders and clean-up workers who were impacted by the WTC attack on September 11th. The benefits are delivered through medical “Centers of Excellence”.
The Zadroga Act also establishes a medical monitoring and treatment program to pay for medical monitoring for WTC responders who performed rescue, recovery, demolition, debris clean-up, and related services. If the responder meets the eligibility criteria and is accepted into the program, the responder is entitled to receive treatment if two conditions are met: (1) the condition is among those identified WTC-related listed conditions including a number of “aerodigestive” disorders, listed mental health conditions, and musculoskeletal disorders occurring during the rescue or recovery efforts, and (2) a physician at a Clinical Center of Excellence determines that a condition was caused or contributed to by exposure to airborne toxins, other hazards, or adverse conditions resulting from the September 11th attacks.
The Zadroga Act also establishes a “survivor program” for non-responders who lived, worked, went to school or were otherwise in a defined area of lower Manhattan (and parts of Brooklyn) for a certain time period after the September 11th attacks. The criteria and medical eligibility determinations for survivors are the same as those that apply to the responders program. The survivor program is the “secondary payor” to any applicable public or private health insurance for the conditions that are not work-related.
Title II - The Re-Opened Victim Compensation Fund of 2001
The Zadroga Act also reopens and significantly expands a number of aspects of the September 11th Victims Compensation Fund of 2001. The Zadroga Act amends the original September 11th Compensation Fund by extending the time in which a claim may be filed for a period of five years from the date that Special Master (who has not yet been appointed) updates the regulations under the Zadroga 9/11 Act. The Victims’ Compensation Fund was originally closed on December 22, 2003.
The Zadroga Act also expands the 9/11 Victim Compensation Fund (VCF) in several important respects. The original VCF provided a right to file a claim only to those individuals injured while “present at the site” of the disasters or in the “immediate aftermath” of the September 11th attacks. “Present at the site” was originally defined by the VCF as physically present at the time of the crashes in the buildings, portions of the buildings that were destroyed as a result of the airplane crashes or any contiguous area that was sufficiently close to the crash site that there was a demonstrable risk of physical harm from the impact of aircraft or any subsequent fire, explosions, or collapse of buildings. As a result, rescue and clean-up workers injured at the buildings or areas not adjacent to the site were not originally eligible to file a claim as they were not “present at the site”.
The original VCF regulations defined the “immediate aftermath” of the crashes for claimants, other than rescue workers, as from the time of the crashes for a period of 12 hours after the crashes. For rescue workers the period of time defined as the “immediate aftermath” was extended to include the period from the crashes until 96 hours after the crashes. Again, rescue and recovery workers who arrived more than 96 hours after the crash and were injured were excluded from filing a claim under the original VCF.
The Zadroga Act expands the definition of “immediate aftermath” to well beyond the 12 and 96 hour post-crash periods defined in the original law. “Immediate aftermath” is redefined by the Zadroga Act to mean “any period beginning with the terrorist-related aircraft crashes of September 11, 2001, and ending on May 30, 2002.” The expansion of what was considered the “immediate aftermath” of the terrorist attacks significantly broadens the pool of claimants in the VCF to include the rescue, construction, an other clean-up workers who suffered injures during the ongoing rescue and clean-up efforts that persisted for many months after the September 11th attacks.
The Zadroga Act also expands definition of the “crash site.” The term “9/11 crash site” is defined by the Zadroga Act to mean: ‘‘(A) the World Trade Center site, Pentagon site, and Shanksville, Pennsylvania site; (B) the buildings or portions of buildings that were destroyed as a result of the terrorist-related aircraft crashes of September 11, 2001; (C) any “area contiguous to a site of such crashes that the Special Master determines was sufficiently close to the site that there was a demonstrable risk of physical harm “ resulting from the impact of the aircraft or any subsequent fire, explosions, or building collapses (including the immediate area in which the impact occurred, fire occurred, portions of buildings fell, or debris fell upon and injured individuals); and (D) any area related to, or along, “routes of debris removal”, such as barges and the Fresh Kills landfill. on Staten Island.
One major issue that is unclear at the time of this writing is whether the residents, workers, and others in lower Manhattan who were sickened by the toxic fallout from the 9/11 attacks are eligible claimants under the VCF. The broadened language of the Zadroga Act amendments would suggest that the area residents and nearby workers are eligible claimants under the reopened VCF.
Within two weeks of the signing of the of Zadroga Act, however, Senator Kirsten Gillibrand’s staff announced that lower Manhattan residents and workers were not covered by the Fund, only to be contradicted by Rep. Jerrold Nadler (a co-author of the Zadroga Act) the next day, declaring that such area residents/workers were in fact covered. Resolution of this issue will need to be decided by the Special Master and the new rules implemented under the Zadroga Act. As of February 11, 2011, no Special Master has been appointed,
The Zadroga Act places sharp limitations on attorneys’ fees. The Zadroga Act amended the original Victim Compensation Fund law to place a “cap on attorneys’ fees of no more than ten percent” of an award made on a claim. The ten percent attorneys’ fee cap is further limited by fees previously received by attorneys representing VCF claimants who were also part of any settled civil action, including the recently settled litigation in the Southern District of NewYork. The Zadroga Act also prohibits an attorney from charging a legal fee in the case of an individual who was charged a legal fee in connection with the settlement of a prior civil action, except if the legal fee charged in connection with the settlement of a civil action is less than 10 percent of the aggregate amount awarded by a subsequent Victim Compensation Fund.
Bottom Line - attorneys who represented the over 10,000 9/11 responders in the recently settled actions against New York City cannot “double dip”. If their fees in the NYC litigation were higher than the 10% attorney fee cap in the Zadroga Act, they cannot charge any fee for the Zadroga VCF claim. New attorneys who represent the claimant solely in the Zadroga VCF claim are also limited by the 10% aggregate cap, which may dissuade some attorneys from taking claims where claimants previously paid attorneys a 25% fee under the NYC settlements. In some cases, the result might be that the attorney fee on the Zadroga Victim Compensation Fund claim could be significantly less that 10%, and could be offset completely.
Conclusion
The passage and enactment of the James Zadroga 9/11 Health and Compensation Act of 2010 was a huge victory for 9/11 first responders and survivors. Most importantly, it provides much needed medical monitoring and treatment to thousands of individuals who are now sick as a result of the 9/11 attacks and its aftermath. We are all aware now of the “toxic soup” that enveloped the area surrounding Ground Zero.
The Zadroga 9/11 Act also provides a second chance for many individuals, who were either ineligible or became sick after the closure of the original Victim Compensation Fund, to apply for a monetary award for their damages. As of February 11, 2011, President Obama has not selected the new Special Master of the Fund.
The original Special Master of the VCF was Kenneth Feinberg, who is now administering claims related to the BP Gulf oil spill. Mr. Feinberg has offered to act as Special Master in the reopened VCF on a pro bono basis. The Special Master must issue new regulations on Fund procedures within 180 days of enactment of the Zadroga 9/11 Act. Once these regulations are issued, attorneys will be in a much better position to counsel our clients on their rights and potential benefits under the new Zadroga Act.
......
Troy G. Rosasco is a Senior Partner at Turley, Redmond, Rosasco & Rosasco, LLP with offices in Nassau, Suffolk and Queens. He has been representing 9/11 victims and first responders since soon after the September 11th attacks. He authors the nationally recognized New York Disability Law Blog.
Daniel J. Hansen is a personal injury trial attorney with his own practice and offices in the Woolworth Building in Manhattan. They are jointly handling 9/11 Victim Compensation Fund claims.
The Zadroga Act also establishes a medical monitoring and treatment program to pay for medical monitoring for WTC responders who performed rescue, recovery, demolition, debris clean-up, and related services. If the responder meets the eligibility criteria and is accepted into the program, the responder is entitled to receive treatment if two conditions are met: (1) the condition is among those identified WTC-related listed conditions including a number of “aerodigestive” disorders, listed mental health conditions, and musculoskeletal disorders occurring during the rescue or recovery efforts, and (2) a physician at a Clinical Center of Excellence determines that a condition was caused or contributed to by exposure to airborne toxins, other hazards, or adverse conditions resulting from the September 11th attacks.
The Zadroga Act also establishes a “survivor program” for non-responders who lived, worked, went to school or were otherwise in a defined area of lower Manhattan (and parts of Brooklyn) for a certain time period after the September 11th attacks. The criteria and medical eligibility determinations for survivors are the same as those that apply to the responders program. The survivor program is the “secondary payor” to any applicable public or private health insurance for the conditions that are not work-related.
Title II - The Re-Opened Victim Compensation Fund of 2001
The Zadroga Act also reopens and significantly expands a number of aspects of the September 11th Victims Compensation Fund of 2001. The Zadroga Act amends the original September 11th Compensation Fund by extending the time in which a claim may be filed for a period of five years from the date that Special Master (who has not yet been appointed) updates the regulations under the Zadroga 9/11 Act. The Victims’ Compensation Fund was originally closed on December 22, 2003.
The Zadroga Act also expands the 9/11 Victim Compensation Fund (VCF) in several important respects. The original VCF provided a right to file a claim only to those individuals injured while “present at the site” of the disasters or in the “immediate aftermath” of the September 11th attacks. “Present at the site” was originally defined by the VCF as physically present at the time of the crashes in the buildings, portions of the buildings that were destroyed as a result of the airplane crashes or any contiguous area that was sufficiently close to the crash site that there was a demonstrable risk of physical harm from the impact of aircraft or any subsequent fire, explosions, or collapse of buildings. As a result, rescue and clean-up workers injured at the buildings or areas not adjacent to the site were not originally eligible to file a claim as they were not “present at the site”.
The original VCF regulations defined the “immediate aftermath” of the crashes for claimants, other than rescue workers, as from the time of the crashes for a period of 12 hours after the crashes. For rescue workers the period of time defined as the “immediate aftermath” was extended to include the period from the crashes until 96 hours after the crashes. Again, rescue and recovery workers who arrived more than 96 hours after the crash and were injured were excluded from filing a claim under the original VCF.
The Zadroga Act expands the definition of “immediate aftermath” to well beyond the 12 and 96 hour post-crash periods defined in the original law. “Immediate aftermath” is redefined by the Zadroga Act to mean “any period beginning with the terrorist-related aircraft crashes of September 11, 2001, and ending on May 30, 2002.” The expansion of what was considered the “immediate aftermath” of the terrorist attacks significantly broadens the pool of claimants in the VCF to include the rescue, construction, an other clean-up workers who suffered injures during the ongoing rescue and clean-up efforts that persisted for many months after the September 11th attacks.
The Zadroga Act also expands definition of the “crash site.” The term “9/11 crash site” is defined by the Zadroga Act to mean: ‘‘(A) the World Trade Center site, Pentagon site, and Shanksville, Pennsylvania site; (B) the buildings or portions of buildings that were destroyed as a result of the terrorist-related aircraft crashes of September 11, 2001; (C) any “area contiguous to a site of such crashes that the Special Master determines was sufficiently close to the site that there was a demonstrable risk of physical harm “ resulting from the impact of the aircraft or any subsequent fire, explosions, or building collapses (including the immediate area in which the impact occurred, fire occurred, portions of buildings fell, or debris fell upon and injured individuals); and (D) any area related to, or along, “routes of debris removal”, such as barges and the Fresh Kills landfill. on Staten Island.
One major issue that is unclear at the time of this writing is whether the residents, workers, and others in lower Manhattan who were sickened by the toxic fallout from the 9/11 attacks are eligible claimants under the VCF. The broadened language of the Zadroga Act amendments would suggest that the area residents and nearby workers are eligible claimants under the reopened VCF.
Within two weeks of the signing of the of Zadroga Act, however, Senator Kirsten Gillibrand’s staff announced that lower Manhattan residents and workers were not covered by the Fund, only to be contradicted by Rep. Jerrold Nadler (a co-author of the Zadroga Act) the next day, declaring that such area residents/workers were in fact covered. Resolution of this issue will need to be decided by the Special Master and the new rules implemented under the Zadroga Act. As of February 11, 2011, no Special Master has been appointed,
The Zadroga Act places sharp limitations on attorneys’ fees. The Zadroga Act amended the original Victim Compensation Fund law to place a “cap on attorneys’ fees of no more than ten percent” of an award made on a claim. The ten percent attorneys’ fee cap is further limited by fees previously received by attorneys representing VCF claimants who were also part of any settled civil action, including the recently settled litigation in the Southern District of NewYork. The Zadroga Act also prohibits an attorney from charging a legal fee in the case of an individual who was charged a legal fee in connection with the settlement of a prior civil action, except if the legal fee charged in connection with the settlement of a civil action is less than 10 percent of the aggregate amount awarded by a subsequent Victim Compensation Fund.
Bottom Line - attorneys who represented the over 10,000 9/11 responders in the recently settled actions against New York City cannot “double dip”. If their fees in the NYC litigation were higher than the 10% attorney fee cap in the Zadroga Act, they cannot charge any fee for the Zadroga VCF claim. New attorneys who represent the claimant solely in the Zadroga VCF claim are also limited by the 10% aggregate cap, which may dissuade some attorneys from taking claims where claimants previously paid attorneys a 25% fee under the NYC settlements. In some cases, the result might be that the attorney fee on the Zadroga Victim Compensation Fund claim could be significantly less that 10%, and could be offset completely.
Conclusion
The passage and enactment of the James Zadroga 9/11 Health and Compensation Act of 2010 was a huge victory for 9/11 first responders and survivors. Most importantly, it provides much needed medical monitoring and treatment to thousands of individuals who are now sick as a result of the 9/11 attacks and its aftermath. We are all aware now of the “toxic soup” that enveloped the area surrounding Ground Zero.
The Zadroga 9/11 Act also provides a second chance for many individuals, who were either ineligible or became sick after the closure of the original Victim Compensation Fund, to apply for a monetary award for their damages. As of February 11, 2011, President Obama has not selected the new Special Master of the Fund.
The original Special Master of the VCF was Kenneth Feinberg, who is now administering claims related to the BP Gulf oil spill. Mr. Feinberg has offered to act as Special Master in the reopened VCF on a pro bono basis. The Special Master must issue new regulations on Fund procedures within 180 days of enactment of the Zadroga 9/11 Act. Once these regulations are issued, attorneys will be in a much better position to counsel our clients on their rights and potential benefits under the new Zadroga Act.
......
Troy G. Rosasco is a Senior Partner at Turley, Redmond, Rosasco & Rosasco, LLP with offices in Nassau, Suffolk and Queens. He has been representing 9/11 victims and first responders since soon after the September 11th attacks. He authors the nationally recognized New York Disability Law Blog.
Daniel J. Hansen is a personal injury trial attorney with his own practice and offices in the Woolworth Building in Manhattan. They are jointly handling 9/11 Victim Compensation Fund claims.
Related articles
Monday, December 21, 2015
Congress extends the Zadroga 9/11 Health and Compensation Act
The United States Congress has voted to extend the James Zadroga 9/11 Health and Compensation Act as part of a major spending bill that now heads to the President’s desk to be signed into law. The bill will extend the World Trade Center Health Program to 2090 and provide full compensation to survivors and first responders through the September 11 Victim Compensation Fund.
Sunday, January 23, 2011
Benefits Available Under the Zadroga 9/11 Victim Compensation Fund
On January 2, 2010, President Barack Obama signed the James Zadroga 9/11 Health and Compensation Act establishing the World Trade Health Program and extends and expands eligibility for compensation under the September 11th Victim Compensation Fund of 2001.
The President remarked, "I was honored to sign the James Zadroga 9/11 Health and Compensation Act to ensure that rescue and recovery workers, residents, students, and others suffering from health consequences related to the World Trade Center disaster have access to the medical monitoring and treatment they need. We will never forget the selfless courage demonstrated by the firefighters, police officers, and first responders who risked their lives to save others. I believe this is a critical step for those who continue to bear the physical scars of those attacks."
Those who were exposed to the toxic dust and fumes of the World Trade Center disaster continue to suffer from latent and progressive medical conditions. The New England Journal of Medicine has reported that a substantial population that was exposed to the toxic residuals of the event are suffering from sever medical conditions. Positive pathological findings reflect the existence of aluminum and magnesium silicates, chrysotile asbestos, calcium phosphate, calcium sulfate, glass, and carbon nanotubes (CNT) were found in specimens of exposed individuals.
Eligibility for benefits under the James Zadroga 9/11 Health and Compensation Act include those who were World Trade Center victims and First Responders. Under the law those who worked, attended school, childcare and adult day care, may be eligible. The program also covers some who were present in the area of the dust cloud or who lived in the the New York City disaster area. Certain cleanup and maintenance workers are included including tele-communications workers such as Verizon, AT&T and other employees.
Like the September 11th Victim Compensation Act of 2001, even if the exposed individuals are living in another state, but were exposed at the NY Disaster Area, the ill individuals may apply for benefits.
It is probable that cancers resulting from the exposures will be covered under the legislation. Historically, occupational and environmental exposures to carcinogens, such as asbestos, may take many years to progress and manifest into conditions as asbestosis, mesothelioma and lung cancer.
Additionally, various respiratory and digestive diseases are being reported including:
1. Interstitial lung diseases.2. Chronic respiratory disorder--fumes/vapors.
3. Asthma.
4. Reactive airways dysfunction syndrome (RADS).
5. WTC-exacerbated chronic obstructive pulmonary disease (COPD).
6. Chronic cough syndrome.
7. Upper airway hyperreactivity.
8. Chronic rhinosinusitis.
9. Chronic nasopharyngitis.
10. Chronic laryngitis.
11. Gastroesophageal reflux disorder (GERD).
For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered asbestos related disease. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.
Related articles
- Public Meeting on Implementation of the Zadroga 9/11 Heath and Compensation Act
- The World Trade Center Health Program Expands The Path to Federalization (workers-compensation.blogspot.com)
- Obama signs Zadroga bill in quiet ceremony (nydailynews.com)
- OSHA Identifies Hazards and Risks of World Trade Center 911 Worksite
- HHA Awards $81 Million for Five-Year Health Screening of World Trade Center Rescue & Recovery Workers
- EPA Downplayed 9-11 Aftermath Toxic Exposures
- World Trade Center Health Registry to Record Those Exposed on 911 for Medical Followup
- Who is Considered a "WTC Responder" under the Zadroga 9/11 Act
Additional Resources
Wednesday, December 19, 2012
9/11 Rescue Workers At Increased Risk for Cancer
Rescue and recovery workers at the 9/11 World Trade Center terrorist attack site have been reported to be at greater risk of certain cancers. The study followed a group of workers who have been exposed to toxic dust and fumes following the attack in New York City.
The study published in The Journal of the American Medical Association reported an increased incidence of prostate and thyroid cancers, plus multiple myeloma.
Benefits are available under The Zadroga 9/11 Victims Compensation Fund Benefit Program. The law was enacted by the US Congress and signed into law by President Barack Obama about 3 years ago.
....
Jon L.Gelman of Wayne NJ, helping injured workers and their families for over 4 decades, is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson).
Read more about The Zadroga 9/11 Victim Compensation Fund Benefit Program
The study published in The Journal of the American Medical Association reported an increased incidence of prostate and thyroid cancers, plus multiple myeloma.
Benefits are available under The Zadroga 9/11 Victims Compensation Fund Benefit Program. The law was enacted by the US Congress and signed into law by President Barack Obama about 3 years ago.
....
Jon L.Gelman of Wayne NJ, helping injured workers and their families for over 4 decades, is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson).
Read more about The Zadroga 9/11 Victim Compensation Fund Benefit Program
Oct 19, 2012
The lawmakers wrote in a September 28th letter to OMB Acting Director Zients, “[W]e all agree that applying sequestration to these two programs [established by the James Zadroga 9-11 Health and Compensation Act] does ...
Feb 16, 2011
On January 2, 2011, President Obama signed the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and financial compensation for victims, responders, and ...
Jun 21, 2011
"The James Zadroga 9/11 Health and Compensation Act of 2010 reopens the September 11th Victim Compensation Fund of 2001 to provide compensation to those who were physically injured or who died in the immediate ...
Feb 24, 2011
The study may significantly increase the potential benefits that utility workers may obtain under the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and ...
Wednesday, September 4, 2013
9/11 Claim Fund Countdown To The October 3, 2013 Deadline
Zadroga 9/11 Claim Fund Countdown
"The Victims Compensation Fund (VCF) was originally established by Congress in 2001. It was designed to bring financial relief to those most devastated by the events of September 11, 2001. The original VCF provided compensation to eligible individuals who were physically injured as a result of the terrorist attacks and the beneficiaries and families of individuals killed as a result of the terrorist attacks. The original VCF operated from December 2001 until June 2004.
"On January 2, 2011, the President signed the Zadroga Act into law. Title II of the Zadroga Act amends the original 2001 Act and reopens the VCF. The new VCF expands the eligibility rules so that more individuals can now receive compensation. The new VCF now provides compensation to eligible individuals who were present at the crash sites or locations of debris removal from September 11, 2001 through May 30, 2002. (The original VCF provided compensation only for persons who were present in the 96 hours following the attacks).
"The new VCF will be open to receive claims for five years (beginning October 3, 2011). However, the deadline for filing your claim is two years after you learn of your physical harm. That means that if you knew about your harm before October 3, 2011, you must file your claim before October 3, 2013. If you learn of your physical harm after October 3, 2011, your deadline to file is two years after the date on which you learned of the harm. To meet this deadline, the VCF must receive your complete Registration Form within the relevant two-year window if you submit your claim online. If you choose to submit your claim in hardcopy, the VCF must receive your Eligibility Form, even if not complete, within the relevant two-year window. Congress appropriated $2.775 billion for the new VCF and authorized the VCF to distribute $875 million of that amount during the first five years of operations.
"Your participation in the VCF is voluntary. If you choose to make a claim with the VCF, you waive your right to bring a lawsuit to recover for any injuries you claim as a result of the attacks.
...
For over 4 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered asbestos related disease. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.
Read more about the Zadroga 9/11 Health Claim Fund
...
For over 4 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered asbestos related disease. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.
Read more about the Zadroga 9/11 Health Claim Fund
Oct 19, 2012
The lawmakers wrote in a September 28th letter to OMB Acting Director Zients, “[W]e all agree that applying sequestration to these two programs [established by the James Zadroga 9-11 Health and Compensation Act] does ...
Feb 16, 2011
On January 2, 2011, President Obama signed the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and financial compensation for victims, responders, and ...
Jun 21, 2011
"The James Zadroga 9/11 Health and Compensation Act of 2010 reopens the September 11th Victim Compensation Fund of 2001 to provide compensation to those who were physically injured or who died in the immediate ...
Feb 24, 2011
The study may significantly increase the potential benefits that utility workers may obtain under the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and ...
Thursday, February 24, 2011
Zadroga Health Fund: Utility Workers Suffer Increased Anxiety
A recent study reveals that utility workers who were deployed at the World Trade Center (WTC) disaster site on 9/11 have an increased level of post traumatic stress disorders (PTSD) and depression. The study may significantly increase the potential benefits that utility workers may obtain under the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and financial compensation for victims, responders, and other harmed by the attacks of September 11th and its aftermath.
The report concludes that, nonrescue workers deployed to a disaster site are at risk for PTSD and depression. Extent of exposure affected the most vulnerable workers differently than the least vulnerable ones. These results suggest that the relationship among predictors of PTSD may be different for different vulnerability groups, and underscore the importance of screening, education, and prevention programs for disaster workers.
Recent attention has begun to be focused on the effects of disaster recovery work on nonrescue workers. The study assesses the prevalence and predictors of posttraumatic stress disorder (PTSD) and related symptoms in a population of utility workers deployed to the World Trade Center (WTC) site in the aftermath of 9/11. Utility workers deployed to the WTC site were screened at their place of employment between 10 and 34 months following the WTC attacks, utilizing both structured interviews and self-report measures.
Eligibility for benefits under the James Zadroga 9/11 Health and Compensation Act include those who were World Trade Center victims and First Responders. Under the law those who worked, attended school, childcare and adult day care, may be eligible. The program also covers some who were present in the area of the dust cloud or who lived in the the New York City disaster area. Certain cleanup and maintenance workers are included including tele-communications workers such as Verizon, AT and T and other employees.
2. Chronic respiratory disorder--fumes/vapors.
3. Asthma.
4. Reactive airways dysfunction syndrome (RADS).
5. WTC-exacerbated chronic obstructive pulmonary disease (COPD).
6. Chronic cough syndrome.
7. Upper airway hyperreactivity.
8. Chronic rhinosinusitis.
9. Chronic nasopharyngitis.
10. Chronic laryngitis.
11. Gastroesophageal reflux disorder (GERD).
Like the September 11th Victim Compensation Act of 2001, even if the exposed individuals are living in another state, but were exposed at the NY Disaster Area, the ill individuals may apply for benefits.
For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered asbestos related disease. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.
The report concludes that, nonrescue workers deployed to a disaster site are at risk for PTSD and depression. Extent of exposure affected the most vulnerable workers differently than the least vulnerable ones. These results suggest that the relationship among predictors of PTSD may be different for different vulnerability groups, and underscore the importance of screening, education, and prevention programs for disaster workers.
Recent attention has begun to be focused on the effects of disaster recovery work on nonrescue workers. The study assesses the prevalence and predictors of posttraumatic stress disorder (PTSD) and related symptoms in a population of utility workers deployed to the World Trade Center (WTC) site in the aftermath of 9/11. Utility workers deployed to the WTC site were screened at their place of employment between 10 and 34 months following the WTC attacks, utilizing both structured interviews and self-report measures.
Eligibility for benefits under the James Zadroga 9/11 Health and Compensation Act include those who were World Trade Center victims and First Responders. Under the law those who worked, attended school, childcare and adult day care, may be eligible. The program also covers some who were present in the area of the dust cloud or who lived in the the New York City disaster area. Certain cleanup and maintenance workers are included including tele-communications workers such as Verizon, AT and T and other employees.
Additionally, various respiratory and digestive diseases are being reported including:
1. Interstitial lung diseases.2. Chronic respiratory disorder--fumes/vapors.
3. Asthma.
4. Reactive airways dysfunction syndrome (RADS).
5. WTC-exacerbated chronic obstructive pulmonary disease (COPD).
6. Chronic cough syndrome.
7. Upper airway hyperreactivity.
8. Chronic rhinosinusitis.
9. Chronic nasopharyngitis.
10. Chronic laryngitis.
11. Gastroesophageal reflux disorder (GERD).
Like the September 11th Victim Compensation Act of 2001, even if the exposed individuals are living in another state, but were exposed at the NY Disaster Area, the ill individuals may apply for benefits.
For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered asbestos related disease. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.
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