Economic Loss Damages Under the 9/11 Victim Compensation Fund
9/11 Victim Compensation Fund Economic Loss Awards
Economic loss awards from the September 11th Victim Compensation Fund (VCF) range from $5,000.00 to $4,000,000.00. The categories of 9/11 VCF economic losses include:
- Loss of wages
- Loss of fringe or employer-provided benefits such as health insurance, 401(k) match, pension plan contributions, union benefits
- Replacement or household services that a person is not able to perform due to a 9/11 illness or death and, in the cases of deceased claimants, funeral and burial expenses
Our attorneys regularly win multi-million dollar economic loss awards for 9/11 claimants, including $3.9 million for a Wall Street professional disabled from work due to breast cancer, $3.2 million for an NYPD officer including loss of earnings and other losses, $3 million for the spouse of a Wall Street banker who passed away due to multiple myeloma, $2 million for an NYCHA manager with lung cancer, and many other million-dollar-plus tax-free awards.
We secured $3.2 million in awards for “loss of earnings” (economic loss damages) and “pain and suffering” for a NYPD police officer disabled by 9/11 colorectal cancer.
In September of 2016, the Victim Compensation Fund issued important guidelines as to what the “registration” deadlines were for filing 9/11 compensation claims.
We Secure Maximum VCF Awards For Our Clients
Hansen & Rosasco’s attorneys personally strategize and review each economic loss claim so as to ensure that each 9/11 claimant or their family is awarded the maximum 9/11 VCF award. If you were exposed to toxic debris or fumes on September 11, 2001, or at any time during the nine months afterward at Ground Zero or the NYC “Exposure Zone,” (anywhere south of Canal Street) you may be eligible for awards of economic and non-economic loss damages from the VCF. Our 9/11 lawyers will help you get the VCF maximum award available.
What Are "Economic Losses"?
“Economic losses” are any type of financial loss that an individual or family member has suffered due to an eligible 9/11 condition. These do not include losses such as pain and suffering, disfigurement, loss of enjoyment of life, or spousal/dependent loss of services, which are all considered “non-economic losses.” The four types of “economic losses” are discussed below.
Loss of Earnings or Benefits
If you are physically injured and unable to work as a result of an eligible condition, or if you are filing a deceased claim, you can make a claim to the VCF for lost earnings/benefits, for the past and for the future of your expected working life. The VCF award includes lost wages/earnings plus the value of any lost employment-related benefits, including pension programs, retirement contribution programs, 401(k) match, health benefits, and the value of any other employer- or union-provided benefits.
Out-of-Pocket Medical Expenses
As part of the economic loss component of your claim, you may request reimbursement for past out-of-pocket medical expenses you have paid as a result of your eligible condition(s). This includes expenses greater than $5,000 for approved medical expenses paid prior to the date the WTC Health Program certified your condition applicable for treatment.
Replacement Services Loss
Replacement services loss is intended to replace a service that the victim used to do. If you are filing for a deceased victim who died as a result of a VCF-eligible condition, the VCF may provide compensation for the value of services if the victim regularly performed general household-related tasks. This component of economic loss is typically considered only in deceased claims, although the VCF may also make a replacement services award in a personal injury claim where the claimant did not have prior earned income or worked only part-time outside the home.
Examples of the types of tasks that are considered for “replacement services” compensation are services such as cleaning, cooking, child care, home maintenance and repairs, and financial services.
Burial or Memorial Service Expenses
The VCF award also covers documented out-of-pocket burial or memorial expenses for victims who died as a result of an eligible 9/11-related condition. A claim for burial or memorial service costs must be submitted with the initial claim submission along with documentation of any coverage of expenses by life insurance or another similar source.
Breaking Down Your Economic Losses
Economic losses consist of prior losses and future losses. Every case is different and average VCF payouts can vary. If you were disabled and unable to work or limited in your ability to work due to a 9/11 cancer or other related injuries or illnesses, you will receive a VCF award for lost earnings, both past and future.
Prior losses refer to any financial losses that the victim suffered since the 9/11 attacks. This includes lost wages plus employer-provided benefits, pension losses/reductions, the loss of medical insurance, out-of-pocket medical expenses, and other expenses related to the victim’s cancer, illness, injury, or death.
Future losses refer to any financial losses that the victim or their family is likely to suffer in the future due to the 9/11 attacks. This includes future lost wages, the value of future benefits such as the loss of health insurance, a reduced pension, employer-paid health insurance, and the total future value of any other employed-paid or provided benefits.
Understanding Eligibility for Economic Loss Awards
To be eligible for economic loss awards, individuals must meet certain criteria. This includes having a 9/11-related injury or illness that was physically, mentally, or emotionally disabling, having a job that was lost or disrupted due to the attacks, or having suffered financial losses due to the 9/11-related condition. The disabling condition can include any of the over 70-plus types of 9/11 cancers, a breathing condition, or a digestive condition.
Documenting Your Economic Loss Damages
In order to receive an economic loss award, individuals must be able to provide documentation of their losses. Every claimant must submit a properly prepared, fully documented claim for economic loss which clearly identifies the complete value of not just lost wages, but also fringe benefits and pensions, in order to ensure full compensation.
Helping prove and maximize economic losses is of many reasons most individuals and families choose to use victim compensation lawyers. When filing claims for economic losses, the 9/11 attorneys at Hansen & Rosasco, LLP submit a detailed comprehensive guide to the VCF to support the maximum award that each 9/11 victim deserves.
There can be a difference of over a million dollars between a VCF economic loss claim that is properly prepared and supported by appropriate detailed records, and a claim that is submitted without this kind of support.
Hansen & Rosasco's Victim Compensation Lawyers Will Be Your Support Team
The victim compensation lawyers at Hansen & Rosasco, LLP have the resources and experience needed to represent first responders and survivors (residents, downtown workers, and students) of 9/11 cancers and other conditions, maximizing their “economic loss damages” in VCF claims. If you have become ill due to 9/11-related cancer or illness, call us today to speak to one of our lawyers about your eligibility for substantial “economic loss” awards from the 9/11 Victim Compensation Fund. Call us today at 855-839-2947 or fill out a contact form for a FREE claim evaluation.
“The best lawyers ever. Very professional and courteous they care about you and make sure you are well taken care of Shout out to Sarah for always returning my calls with a smile on her face I would definitely use them again.” -Debbie R.