9/11 VCF: Understanding Compensation for Multiple Cancer Diagnoses

9/11 VCF: Understanding Compensation for Multiple Cancer Diagnoses

The September 11th Victim Compensation Fund (VCF) provides financial aid to those who have suffered physical harm or were killed as a result of the 9/11 attacks or the subsequent debris removal efforts. As of this week, nearly 50,000 people have been diagnosed with a 9/11-related cancer. For individuals facing the daunting reality of multiple cancer diagnoses linked to the 9/11 terrorist attacks, understanding the compensation available through the VCF can provide a crucial lifeline.

What is the 9/11 Victim Compensation Fund (VCF)?

The James Zadroga 9/11 Health and Compensation Act of 2010 established the World Trade Center Health Program (WTCHP) and the VCF. The WTCHP provides free medical care to 9/11 cancer victims and the VCF provides monetary benefits to 9/11 cancer victims. The VCF, administered by the U.S. Department of Justice, offers financial compensation to those with eligible 9/11-related physical illnesses who meet specific criteria. It’s important to note that enrollment in the WTCHP does not automatically register you with the VCF or file a claim on your behalf.

Who is at Risk for 9/11-Related Cancer?

While first responders at Ground Zero experienced some of the most devastating long-term health effects, including significantly elevated cancer risks, they’re not alone. Studies show that individuals who lived, worked, or attended school in Lower Manhattan after the attacks are also developing cancers at higher-than-normal rates.

What Cancers are Covered?

The WTCHP and VCF recognize dozens of cancers as linked to 9/11 exposure. More than 75 different cancers are potentially WTCHP and VCF eligible. These include both solid tumor cancers such as breast, thyroid, lung, prostate, brain cancers, as well as blood cell and lymphoid cancers, such as leukemia or lymphoma.

Some of the most common types of 9/11-related cancers include:

  • Skin Cancer (Melanoma and Non-Melanoma)
  • Prostate Cancer
  • Lung Cancer
  • Thyroid Cancer
  • Leukemia
  • Breast Cancer
  • Kidney Cancer
  • Bladder Cancer

Compensation for Multiple Cancer Diagnoses

The VCF acknowledges the compounding nature of multiple cancer diagnoses. While the VCF typically caps non-economic damages (for pain and suffering) at $250,000 for a single cancer, those diagnosed with multiple cancers may be eligible for increased compensation. The VCF has established maximum awards for pain and suffering in these cases:

  • Single Cancer: $250,000 maximum.
  • Multiple Cancers: $250,000 to $340,000 (in the most severe cases)

The Special Master may make an exception if there are multiple cancer diagnoses or if a presumptively severe condition is diagnosed in addition to cancer.

Types of Compensation Available

The VCF provides 9/11 benefits for:

  • Pain and suffering.
  • Lost wages and benefits.
  • Out-of-pocket medical expenses not covered by insurance.
  • Survivor benefits for families who lost loved ones.

Economic loss for 9/11 cancer claims may be awarded for loss of earnings and employment benefits in connection with your cancer diagnosis, as well as for out-of-pocket medical expenses and replacement services loss in some instances.

How to File a Claim

  1. Register with the VCF: This is a simple first step that preserves your right to file a claim in the future, even if you are currently healthy. You can register online or by calling the VCF Helpline.
  2. Get Certified by the WTCHP: To be compensated by the VCF for any 9/11 health condition, it must first be certified by the WTCHP. The WTCHP provides free medical monitoring and treatment for certified 9/11-related health conditions.
  3. Gather Documentation: Collect all relevant medical records, employment history, and any other documents that support your claim.
  4. File Your Claim: Once you have all the necessary documentation, you can file your claim with the VCF.

Important Deadlines

The deadline to register a cancer or death claim with the Victim Compensation Fund has been extended to July 29, 2021. Cancer and illness claims must be filed within two years of certification by the WTC Health Program, and families must file wrongful death claims within two years of the victim’s death. The two-year period to register doesn’t start on the day of diagnosis. Rather, it starts only when a victim is made aware their condition was linked to exposure to the WTC toxins.

Do You Need a Lawyer?

You are not required to have an attorney to file a VCF claim. However, navigating the VCF process can be complex, and an experienced 9/11 attorney can help you:

  • Understand your rights and options.
  • Gather the necessary documentation.
  • File your claim correctly and on time.
  • Negotiate with the VCF to maximize your compensation.

Seeking Help

If you or a loved one has been diagnosed with a cancer linked to 9/11 exposure, it is critical to take action. Enrolling in the WTC Health Program ensures access to specialized monitoring and treatment. Filing a claim through the Victim Compensation Fund can provide the financial support needed to cope with the challenges ahead.