The terrorist attacks on September 11, 2001 resulted in injuries and losses to thousands of Americans and their families. The September 11th Victim Compensation Fund (VCF) was created in order to provide compensation for victims and their families of the terror attacks that took place on 9/11, as well as compensation for first responders who have developed long-term health issues and illnesses as a result of their debris removal efforts.

Are you eligible for compensation under the VCF?

As the website for the VCF explains, the original VCF was in operation from 2001-2004, and it provided compensation specifically for “any individual (or a personal representative of a deceased individual) who suffered physical harm or was killed as a result of the terrorist-related aircraft crashes of September 11, 2001 or the debris removal efforts that took place in the immediate aftermath of those crashes,” according to a program fact sheet from the U.S. Department of Justice (DOJ). As the DOJ explains, the James Zadroga 9/11 Health and Compensation Act of 2010 (Zadroga Act) expanded the individuals who could be eligible for compensation from the VCF to “include individuals who experienced injuries associated with the attacks or subsequent debris removal.”

How did the Zadroga Act expand the reach of the VCF? In brief, when President Obama signed the Zadroga Act into law on January 2, 2011, the law reactivated the VCF, reopening it in 2011. At that point, it was authorized to operate until October 2016. However, many victim advocates emphasized the importance of extending the VCF beyond the October 2016. The reauthorization of the Zadroga Act in 2015 came with the reauthorization of the VCF, as well. At that point, the legislation extended the VCF for an additional five years. With the reauthorization, individuals now are eligible to submit claims until the date of December 18, 2020. The reauthorization also resulted in changes to the way claims will be evaluated and losses will be calculated.

The process for filing a VCF claim can be complicated, and it is important to speak with an experienced 9/11 Victim Compensation lawyer if you have any questions about how to complete the process in a proper and timely manner. In brief, however, applicants must submit materials that include but are not limited to the following:

Authorization for release of medical records;
Information regarding claim payment and processing;
Evidence of presence at a 9/11 crash site between September 11, 2011 and May 30, 2002 (must include at least two forms of written supporting evidence, such as employer records, proof of residence, or sworn and notarized affidavits);
Evidence of physical injury and medical condition;
Information pertaining to any lawsuits filed in relation to the 9/11 attacks;
Evidence of non-economic losses (such as pain and suffering or the loss of enjoyment of life).
Depending on your specific claim, you may also be required to provide information about your loss of past earning, the loss of future earnings, and any other benefits received in relation to your condition. For those filing claims as the personal representative of a deceased person, you will need to file additional materials.

What is Jimmy Nolan’s Law, and how can it impact 9/11 responders who were exposed to asbestos and other harmful elements, and therefore at risk of developing serious health conditions in the future. As you might imagine, many first responders to the World Trade Center (WTC) did not immediately develop symptoms as a result of their exposure to hazardous chemicals and other elements. However, months and even years later, many first responders began to develop symptoms associated with serious health conditions that limit the enjoyment of life and result in substantial economic costs. If these first responders discovered their symptoms long after first being exposed, are there any options to seek compensation?

In addition to the possibilities for compensation from the 9/11 Victim Compensation Fund (VCF) and the World Trade Center (WTC) Health Program, both reauthorized through the Zadroga Act, Jimmy Nolan’s Law promised to provide 9/11 workers with much-needed benefits. However, the law has recently been struck down as unconstitutional under the New York’s state constitution by a federal judge. An appeal is now pending in the Second Circuit.

What else do you need to know about Jimmy Nolan’s Law? And in the meantime, if you have questions or concerns about obtaining compensation from exposure to toxic materials as a result of September 11th, a 9/11 victim compensation lawyer may be able to help. You should speak with one of the dedicated attorneys at the law offices of Napoli Shkolnik PLLC.

Jimmy Nolan’s Law was signed by Governor Paterson in July 2009, according to a press release from The New York State Senate. As the press release explains, the law aimed to extend “the time that 9/11 workers can file compensation claims for injuries suffered from participating in the World Trade Center rescue, recovery or cleanup operations.”

The law arose from the case of Jimmy Nolan, a “second-wave” 9/11 victim who worked as a carpenter in construction at NYU at the time of the attacks. He rushed from his job at NYU down to the World Trade Center site to provide assistance, and he ended up sleeping at the site for three weeks following the attacks. As the press release explains, as a result of exposure to toxic materials during that time period, Jimmy Nolan “now suffers from wood and skin allergies as well as respiratory problems.” In addition, he has to spend about $200 per month on medications for his conditions.

In response to illnesses like Jimmy Nolan’s arising among “second-wave” victims and responders, Jimmy Nolan’s Law (Senate Bill 3325-B/Assembly Bill 7122-C) was created and signed in order to give victims extra time to file a claim. Specifically, the law provides “an additional one-year period for eligible workers to file claims to receive workers’ compensation.” Under prior New York law, employees had only 90 days to file a claim, yet many workers at the 9/11 sites developed symptoms long after that 90-day period had closed.

A recent series of cases arguing against the constitutionality of Jimmy Nolan’s Law, In Re World Trade Center Lower Manhattan Disaster Site Litigation, 21-mc-102, the federal court determined that Jimmy Nolan’s Law violated the New York constitution. The case is now pending in the U.S. Court of Appeals for the Second Circuit.

In the meantime, if you sustained an illness after providing assistance at the 9/11 sites, you may be eligible for compensation and should discuss your case with a 9/11 victim compensation lawyer as soon as possible.

Were you a first responder or volunteer after the attacks on September 11, 2001? Did you live or work near one of the 9/11 terror attack sites after the events of September 11, 2001? You might qualify for compensation under the Zadroga Act. There are serious long-term health effects associated with being an emergency responder or volunteer at the 9/11 terror site attacks, including the World Trade Center, the Pentagon, and the crash site around Shanksville, Pennsylvania. Recognizing the “adverse health effects associated with the terrorist attacks on September 11, 2001,” lawmakers created the James Zadroga 9/11 Health and Compensation Act of 2010, according to a news release from the U.S. Centers for Disease Control and Prevention (CDC). Reauthorization of the Zadroga Act occurred in 2015, as an article in the New York Daily News explains, extending the healthcare program to responders who continue to suffer long-term health effects associated with their service.

It is important to note that the Zadroga Act aims to provide compensation for the long-term adverse health effects linked to the 9/11 terrorist attacks, rather than immediate compensation for victim losses. If you have questions about whether you may be eligible for healthcare or related benefits under the Zadroga Act, a Zadroga Act lawyer can assist you today.

The Zadroga Act established the World Trade Center (WTC) Health Program for responders who sustain injuries linked to long-term health issues on September 11, 2001. President Obama signed the law on January 2, 2011, thereby amending the Public Health Service Act. The Zadroga Act did two key things:

• Création du programme de santé du World Trade Center (WTC), qui est administré par le ministère de la Santé et des Services sociaux (HHS); et
• Reopened and Modified the 9/11 Victim Compensation Fund (VCF), which otherwise would have operated only until 2004 with administration by the U.S. Department of Justice (DOJ).

What health conditions receive coverage through the WTC Health Program, and thus under the Zadroga Act? As the CDC explains, an approved member can be certified for treatment for a wide variety of illnesses, including digestive and airway disorders, musculoskeletal disorders, cancers, and mental health conditions. Examples of specific covered illnesses include but are not limited to the following:

• Acute traumatic injuries (such as burns, fractures, head trauma, and eye injuries);
• Aerodigestive disorders (such as asthma, chronic laryngitis, sleep apnea, and obstructive pulmonary disease (COPD);
• Mental health conditions (such as anxiety disorder, depression, generalized anxiety disorder, panic disorder, post-traumatic stress disorder (PTSD), and substance abuse);
• Musculoskeletal disorders (such as carpal tunnel syndrome or low back pain);
• Cancers (such as cancers of the blood and lymphoid tissue, childhood cancers, breast cancer, ovarian cancer, cancers of the digestive system, cancers of the head and neck, cancers of the respiratory system, melanoma, mesothelioma, and cancers of the urinary system).

These are only examples of illnesses covered. There are many more illnesses covered, and those who are eligible can find a full list provided by the CDC.

What is the Justice Against Sponsors of Terrorism Act (JASTA), and how could it impact you and your family? This is a law that was hotly contested and actually became law through the Senate’s decision to override a veto by President Barack Obama. The law states that its aims are “to deter terrorism, provide justice for victims, and for other purposes.” Its purposes, according to the statutory language, is “to provide civil litigants with the broadest possible basis, consistent with the Constitution of the United States, to seek relief against persons, entities, and foreign countries, wherever acting and wherever they may be found, that have provided materials support, directly or indirectly, to foreign organizations or persons that engage in terrorist activities against the United States.”

In short, the law allows victims of 9/11 and their families to file claims against other entities within a U.S. court, including other nations outside the U.S., that may have provided some form of support to terrorists who engaged in attacks against our country. It is important to understand the key tenets of the act and how this law may help you to seek compensation for your losses. If you have questions, a September 11 victims’ compensation attorney at the law offices of Napoli Shkolnik PLLC can help.

At the law offices of Napoli Shkolnik PLLC, we are dedicated to providing experienced advocacy to families impacted by 9/11. Why should a law providing 9/11 victims and their families the right to sue those who may have been responsible for deadly terror attacks something that is not agreed upon by all lawmakers? What could be wrong with providing justice for 9/11 families, as the bill proposed to do?

In short, in President Obama’s veto, he explained that the law essentially overturned the rule of sovereign immunity when there are terrorist attacks that take place within the United States, according to an article in The Atlantic. As that article explains, “by overturning sovereign immunity even for terrorist attacks on U.S. soil, Congress could be exposing U.S. personnel to lawsuits and other legal action all across the globe.” In practice, the U.S. government currently is able to “exempt a country from sovereign immunity by having the State Department designate it as a state sponsor of terrorism.” Such an exemption could allow that nation to be liable for injuries resulting from terrorism.

However, the U.S. has not exempted Saudi Arabia, and as such, the JASTA could allow U.S. citizens to file claims, within U.S. courts, against Saudi Arabia. Those opposed to the law have voiced concerns that such lawsuits could “put U.S. forces at risk abroad.”

While the JASTA has been complicated in terms of its underlying politics, there is one important piece of information for 9/11 victims to keep in mind: the law allows 9/11 victims to file lawsuits in order to seek compensation for their losses.

How do you know if you are eligible to file a claim? The law sets forth elements that must be met in order for you to be able to file a lawsuit, including:

You must be a U.S. national;
You must have suffered an injury as a result of international terrorism (e.g., damage to property, physical injury, or the loss of a loved one);
Act of international terrorism must have occurred within the U.S.;
Defendant must have knowingly provided substantial assistance to or conspired with the person or entity who committed the act of international terrorism; and
Act of international terrorism must have occurred on or after September 11, 2001.

If you were among the responders at the World Trade Center (WTC) and other related sites located in New York City, the Pentagon, or Shanksville, Pennsylvania, it is important to learn more about the WTC Health Program and how it might be able to provide you with benefits. Survivors in New York City also may be eligible for benefits. The WTC Health Program is governed by the James Zadroga 9/11 Health and Compensation Act of 2010 and the Reauthorization Act of 2015. The law provides protections and services to individuals who have been impacted directly by the 9/11 terrorist attacks, and the Zadroga Act also importantly established the WTC Health Program.

The WTC Health Program has many different features, and it is important to understand whether you may be eligible for services. If you have questions, an experienced World Trade Center attorney at the law offices of Napoli Shkolnik PLLC can assist you.

The WTC Health Program provides many services for victims of the 9/11 terrorist attacks, including those in the surrounding area who were impacted, according to the U.S. Centers for Disease Control and Prevention (CDC). Specifically, as the CDC explains, the WTC Health Program provides both medical monitoring and treatment for the following persons who assisted in the aftermath of the 9/11 attacks at the World Trade Center, the Pentagon, and the airplane crash near Shanksville, Pennsylvania:

Emergency responders;
Recovery and cleanup workers; and
Volunteers
The WTC Health Program also provides both health evaluations and treatment to the following individuals who were present around the 9/11 New York City disaster area:

Employees in the area;
Residents of the area; and
Individuals who attended school, childcare, or adult day care in the area.
These are not the only benefits of the WTC Health Program, however. It also provides education and outreach to eligible individuals, and it also collects physical and mental health data with the permission of its enrollees while conducting additional research to understand and assess the health impacts of the 9/11 attacks.

In order to determine whether you are eligible for the WTC Health Program and to apply, you will need to submit an application. Depending upon your status—as a FDNY responder, a general responder, or a Pentagon & Shanksville responder—you will need to fill out a separate application. Each of the three applications contains, in general, the same information, including:

Your name and contact information;
Information specific to your 9/11 terror site experience;
Explanation of the required documentation of your work experience; and
Attestation to your truthful completion of the application.
If you are approved for the program, there will be no out-of-pocket costs to you if the following apply:

You use a healthcare provider that has been approved by the WTC Health Program for eligible services (including medical evaluation, monitoring, and treatment); and
You use pharmacies that participate in the WTC Health Program to fill any WTC-related health condition prescriptions that were approved by a WTC Health Program provider.