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How Are Victim Compensation Fund Awards Calculated?

September 13, 2023 In 9/11 Victim Compensation Fund

The tragic events of September 11th have left an indelible mark on countless lives, manifesting in physical injuries, emotional traumas, and ongoing health challenges. Over the years, may people have sought avenues for reparation and justice amid the pain and loss.

For victims of 9/11 and those affected in the subsequent aftermath, one key avenue of support has been the Victim Compensation Fund (VCF). The fund aims to provide financial relief, but understanding its intricacies can be daunting. No two awards are alike, which is why it is crucial to work with a VCF attorney to accurately calculate your potential settlement.

Man Signing Paperwork

What Is the 9/11 Victim Compensation Fund?

The VCF was authorized by Congress as a means to provide monetary awards to victims who suffered losses on September 11th. People who were present at the World Trade Center are eligible for compensation, as are individuals who were diagnosed with various medical conditions, including cancers and lung diseases, due to exposure to Ground Zero’s toxins.

Over the years, the VCF has undergone several revisions. The first iteration was established in 2001 in the aftermath of the attacks, running until 2004. Then, it was revitalized in 2010 with the James Zadroga 9/11 Health and Compensation Act, named in memory of a New York Police Department detective affected by the very toxins the Act addresses.

While originally set to last five years, the VCF has been extended multiple times, with the latest legislation ensuring funding until 2090. Both victims and the family members of those who lost their lives due to 9/11-related health conditions have the right to apply for compensation.

What Does the 9/11 Victim Compensation Fund Pay For?

Victims of 9/11 can suffer from a range of financial, physical, and emotional losses. The VCF aims to help compensate for these damages by offering settlements to ease the economic and non-economic impacts of the event.

Economic Losses

Economic losses involve the financial strains that you or your family may face as a direct result of a 9/11-related injury or illness. You have the right to recover compensation to help pay for any past and future medical expenses related to your condition, as long as they were not covered by your insurance. You can also secure compensation for any lost wages due to the injury or loss in anticipated future earnings.

When assessing economic losses, the VCF may consider various factors, such as age, prior income, disability onset date, and employer-provided benefits. If you were permanently disabled by a 9/11-related condition, you can claim loss of future earnings up until your anticipated retirement age.

Non-Economic Losses

Non-economic losses refer to the intangible consequences of a 9/11-related injury or illness, often known as pain and suffering. In simple terms, these losses involve the psychological, emotional, and physical pain that the victim has endured, which doesn’t have a direct monetary value.

The VCF recognizes two main types of non-economic losses: those stemming from death and those from injury. Depending on the severity of the injury or illness, you could recover a substantial amount of compensation for pain and suffering. If a person has died as a result of his or her illness, the VCF will provide this award to his or her estate.

How Much Is a 9/11 Victim Compensation Fund Award?

The formula for calculating a VCF award might appear straightforward at first glance. In simple terms, the award amount equals non-economic losses plus economic losses, minus any collateral offsets.

The term collateral offsets refers to other financial benefits or compensation that the victim might have received due to his or her injury or loss. These may include:

  • Disability insurance payments
  • Death benefits
  • Life insurance proceeds
  • Pension payments
  • Legal settlements
  • Workers’ compensation benefits
  • Social Security benefits

These external payments are subtracted from the claimant’s total calculated losses. However, However, certain benefits, like charitable gifts, donations from privately funded charities, or tax benefits under the Victims of Terrorism Tax Relief Act, aren’t considered collateral offsets.

For example, say that you have suffered $50,000 in non-economic losses and $100,000 in economic losses. However, you also received $20,000 in disability benefits for your condition over the years. Your award would then be equal to $130,000 ($100,000 plus $50,000 minus $20,000).

It’s essential to understand these nuances to accurately calculate the potential award. If you request compensation below the amount that you are eligible to receive, you may encounter hardships in the future. For this reason, it is important to work with a 9/11 VCF attorney who can assess your situation and determine your settlement value.

Who Is Eligible for Compensation Through the VCF?

The scope of the VCF is broader than you may initially believe. People who survived the World Trade Center attack, first responders, and volunteers are eligible. Those who lived in the VCF New York City Exposure Zone, which consists of all of lower Manhattan south of Canal Street, between September 11th, 2001 and May 30th, 2002 may also file a claim.

To be eligible for the VCF, you not only need to meet these location requirements, but you also need to be diagnosed with a health condition related to the 9/11 attacks. Over the years, the list of qualifying conditions has expanded significantly. It encompasses acute traumatic injuries, respiratory illnesses, and aerodigestive disorders to more than 75 types of cancer.

Before filing a VCF claim, you must first register with the World Trade Center Health Program (WTCHP). This program offers medical monitoring and treatment for 9/11 survivors but doesn’t handle compensation. Once certified, the WTCHP provides a letter affirming an official diagnosis by a medical professional. Using this information, you can then file a claim with the VCF.

Get Help from a 9/11 Victim Compensation Fund Attorney

Navigating the intricacies of the VCF can be daunting. The complexity of the calculations, the evolving eligibility criteria, and the nuances of collateral offsets can leave victims feeling overwhelmed. This is where a 9/11 VCF attorney becomes indispensable.

A lawyer can guide you through the claims process with clarity and precision, helping you recover the award that you deserve. If you believe that you qualify for a VCF claim, schedule a free legal consultation to plan your next steps and identify your optimal path to financial recovery.