Summary
- The fund pays compensation for injury/death resulting from the 9/11 attacks
- It does not pay for emotional injuries or future medical expenses
- Applicants have strict eligibility criteria for filing
What Is the 9/11 Victim Compensation Fund?
The terrorist attacks on September 11, 2001, have had a long-term impact on those directly involved. Some people experienced physical injuries and developed long-term illnesses as a result of their exposure to the wreckage at the three attack sites. The Victim Compensation Fund (VCF) pays compensation to victims and their families who experienced physical injury or death.
Claimants must show their injuries resulted from the terrorist attacks or the cleanup afterward. The fund’s goal is to cut off class actions against airlines, builders and other entities that might get blamed for the harm victims suffered.
Eligibility for VCF Claims
People can receive compensation by proving two elements:
Covered Condition
VCF administrators have a list of presumptively covered conditions. If you have one of these conditions and prove that you were at the site or in the flight path during or after the attacks, the WTC Health Program can certify your eligibility.
The list is not exhaustive, but it includes several notable injuries and illnesses, including the following:
- Acute injuries suffered during the attacks, like broken bones or brain injuries
- Respiratory conditions like asthma and COPD caused by dust exposure
- Cancers from exposure to building materials, jet fuel and other carcinogens
- Repetitive stress injuries, such as carpal tunnel syndrome, suffered while cleaning up attack sites
You do not necessarily get more if you have multiple covered conditions.
Compensable Loss
If you suffered a physical injury, you probably have compensable losses. Any of the following losses can qualify as compensable under the VCF legislation:
- Medical costs
- Income losses
- Replacement services expenses
- Pain and suffering
Because the definition is so broad, it is easier to describe what is not compensable. You cannot file a claim for losses for future medical expenses or mental injuries.
Compensation Available From the Fund
| Type of Loss | Condition/Description | Amount |
|---|---|---|
| Non-Economic Loss for Death | Death | $250,000 for victim; $100,000 for spouse and each dependent |
| Non-Economic Loss for Injury | One type of cancer | between $90,000 and $250,000 |
| Non-Economic Loss for Injury | Multiple cancers / severe non-cancer | Up to $340,000 |
| Non-Economic Loss for Injury | Non-melanoma skin cancer | Around $90,000 |
| Non-Economic Loss for Injury | Non-cancer conditions: Emphysema, Interstitial Lung Disease, Sarcoidosis | Up to $90,000 |
| Non-Economic Loss for Injury | Other less severe non-cancer conditions | Starts at $10,000 and may increase depending on the severity of the condition |
| Economic Loss: Loss of Earnings | Loss of wages due to disability or death. | Varies based on multiple factors |
| Economic Loss: Loss of Benefits | Loss of employment benefits such as health insurance and pension. | Varies based on multiple factors |
| Economic Loss: Replacement Services Loss | Loss of unpaid services the victim provided | Varies based on multiple factors |
Amounts are based on VCF Policies and Procedures.
The fund pays eligible claimants three types of compensation:
Out-of-Pocket Medical Expenses
The fund will reimburse medical expenses for covered conditions. VCF is secondary to your health insurance. In other words, you must first submit a claim to your health insurer, if any. VCF will cover the out-of-pocket expenses that your insurer did not pay.
However, VCF has an important limitation. You must prove at least $5,000 in unreimbursed out-of-pocket medical costs in your claim. For example, suppose that you had surgery costing $15,000. Your health coverage paid $12,500, and you paid $2,500 in copays. In this situation, your expenses are too low to file a claim. However, if you were uninsured, you could still file a claim.
Economic Losses
There are two types of economic losses. The first is lost income. Suppose that you had chemotherapy for lung cancer caused by chemical exposure at Ground Zero. In that case, you can seek compensation for the wages you lost during your recovery. Importantly, you can also claim future income losses if your injuries disable you from working.
The second economic loss type is the cost of replacement services. It compensates you for any services you have to pay for that you can no longer do yourself because of your injury. For instance, you might hire someone to perform household chores like childcare, cooking and home repair.
You can always claim these losses when you file a claim on behalf of someone who died from their injuries. VCF limits when you can claim these losses for non-fatal injuries.
Non-Economic Losses
Economic losses are paid based on your actual losses. There is no VCF payout chart for those losses because they are unique in every case.
There is a VCF payout chart for non-economic losses. These are sometimes called pain and suffering losses because they attempt to capture the impact of your injuries on your quality of life rather than your bank account.
The chart for non-economic losses first looks at whether the victim died from their covered condition. Claims filed for deceased victims receive $250,000 in non-economic loss plus $100,000 for a spouse and each dependent.
The second factor depends on whether the covered condition involves cancer. Non-cancer conditions have a cap of $90,000 in non-economic losses. Thus, the VCF payouts for sleep apnea caused by 9/11-related respiratory problems would max out at $90,000.
VCF cancer payouts have a cap of $250,000. The type of cancer and even the number of cancers do not matter. Thus, the non-economic VCF payout for skin cancer has the same cap as the non-economic VCF payout for prostate cancer. Remember that the $250,000 cap only applies to non-economic losses. These victims will also have income losses and medical costs for amounts paid for surgery and other treatments.
An administrator can exceed the soft caps when fairness dictates. However, this situation is rare. On the low end of the scale, all non-economic loss payouts start at $10,000.
Learn More From ConsumerShield
The government set aside money for 9/11 victims, and you should get the full amount the law allows for your condition. ConsumerShield helps you understand your rights and connect with a lawyer to represent you. Contact us for a free case evaluation.
