Can Families of Deceased 9/11 Victims Get Funeral and Burial Costs Reimbursed from the Victim Compensation Fund?

Yes, families who have lost a loved one to a 9/11-related cancer or illness can get reasonable costs of funeral and burial expenses reimbursed through the September 11th Victim Compensation Fund (VCF) as part of a 9/11 wrongful death claim. Hansen & Rosasco has recovered over $20,000 for individual families as part of their wrongful death award. The appointed family “VCF personal representative” will need to provide copies of all invoices, receipts, and payment records to support the claim. Hansen & Rosasco can help you compile all these records for reimbursement.

What Funeral and Burial Expenses Can Be Reimbursed?

The 9/11 Victim Compensation Fund may reimburse reasonable funeral and burial costs in a deceased claim directly related to the deceased victim’s final arrangements. These may include:

• 9/11 related funeral home service wakes and fees
• Burial plot or cremation costs
• Casket or urn expenses
• Headstone or grave marker costs
• Mausoleum fees
• Transportation of remains related to burial services
• Religious or memorial service expenses directly tied to the funeral such as venue and officiant costs
• Obituary costs
• Death Certificates necessary for Victim Compensation Fund (VCF) Estate Administration
  
  

The cost of funerals has increased greatly in the 25 years since 9/11. Many families feel they have to cut corners on funeral costs. Some buy a cheaper casket with thin-gauge steel rather than an oak or cherry wood casket. Some might have only a one-day wake when they would have preferred, or needed, a two-day wake. Hansen & Rosasco can advise you on the potential maximum funeral costs the VCF is likely to reimburse.

If any other agency, such as the New York State Workers’ Compensation Board (WCB), has partially reimbursed the family for funeral expenses, this will offset reimbursement from the VCF. For example, the current maximum reimbursement for funeral and memorial expenses through the WCB is $12,500 in downstate counties and $10,500 in upstate counties. Therefore, the VCF is much more generous in reimbursing for funeral and burial expenses.

When a decedent died of a 9/11-related health condition certified by the World Trade Center Health Program, surviving family members may be eligible to file a claim with the VCF for both economic and non-economic losses. Funeral expenses can be included as part of these recoverable costs, helping families manage immediate financial obligations at a tremendously difficult time.

The VCF covers individuals who were present below Canal Street in lower Manhattan in the aftermath of the attacks, from September 11, 2001 through May 30, 2002, including first responders, downtown Manhattan workers, residents, students, children and adults attending child care and day care facilities, and others exposed to the toxic dust that blanketed the area for months. If your loved one fits into one of these categories and has since passed due to a covered condition, you and your family may be entitled to compensation.

Who Is Eligible for Funeral Cost Reimbursement?

A “Personal Representative” is designated by a court to file a wrongful death claim with the VCF on behalf of the deceased victim’s estate. This is often called a Surrogate’s Court. This person is legally authorized to act on behalf of the estate and surviving family members.

The personal representative may be one of the following:

• A surviving spouse
• An adult child
• A parent
• Another close family member appointed by the court
  
  

If there is a will, the personal representative may be named in a will through a court document called “Letters Testamentary”. If there is no will, the court may issue “Letters of Administration” appointing someone to handle the estate.

The VCF requires one authorized personal representative to submit the claim and supporting documentation. If multiple family members contributed to funeral costs, the funds can be divided amongst the contributing family members.

How Much Can Families Receive for Funeral Costs?

The amount families may receive depends on the actual documented funeral expenses submitted with the wrongful death claim. There is no flat funeral reimbursement amount or limit automatically awarded by the VCF.

The Special Master reviews the submitted documentation and determines what expenses are reasonable and eligible for reimbursement. Any expenses covered by insurance or other entities will not be reimbursed. Funeral costs are considered alongside other economic and non-economic losses, including:

• Lost wages and benefits
• Loss of pension or retirement income
• Out-of-pocket medical expenses
• Pain and suffering compensation
• Other non-economic losses for surviving family members in certain cases
  
  

The VCF does not pay funeral and burial expenses up front, so families must pay first and then seek reimbursement through the Wrongful Death claim. Therefore, Hansen & Rosasco tries to expedite their wrongful death claim as soon as possible in order to get the family reimbursed. Because every claim is based on individual family circumstances, reimbursement amounts can vary significantly. As explained by 9/11 Victim Attorney Troy Rosasco, his law firm has recovered more than $20,000 for families in certain cases.

What Documents Are Needed to Claim Funeral Expenses?

Thorough documentation is required when requesting funeral reimbursement through the VCF. Families should be prepared to provide:

• A death certificate
• Medical records linking the death to an eligible 9/11-related condition
• WTC Health Program certification of the 9/11-related illness
• Funeral home invoices and cemetery or cremation bills
• Proof of payment such as receipts, canceled checks, or bank records, including any payments made by insurance or other entities
• Letters Testamentary or Letters of Administration showing authority as the personal representative
  

If the deceased victim had already filed a personal injury claim with the VCF before passing away, additional paperwork is needed to convert the claim into a wrongful death claim.

How to File a VCF Claim for Funeral Cost Reimbursement

Families seeking reimbursement of funeral costs for a lost loved one must file a wrongful death claim with the VCF rather than a personal injury claim. The process involves the following steps:

1. Registering the claim with the VCF
2. Providing documentation to establish the authority of the personal representative
3. Submitting WTC Health Program medical records and proof of the certified 9/11-related condition
4. Providing death certificate documentation
5. Submitting funeral and burial expense records
6. Completing the claim form signature page and required supporting forms

If the deceased victim already had an active VCF claim, the personal representative will need to amend the claim rather than start a new one. Because wrongful death claims involve both legal and medical documentation, working with an experienced 9/11 attorney can help avoid errors and delays.

When Should Families Apply for Funeral Cost Reimbursement?

Families should apply as soon as possible after the death of their loved one. VCF deadlines can depend on the date your loved one’s condition was certified and the date of death. Delaying your application can create unnecessary complications, particularly if records become harder to locate or deadlines approach. In some cases, delays may affect eligibility for certain compensation.

Even if the decedent had pre-existing conditions or a family is unsure whether the cancer qualifies as a 9/11-related condition, it is still important to begin reviewing eligibility early. Speaking with a dedicated 9/11 attorney can help families determine eligibility. Prompt action helps protect the family’s right to pursue a claim for compensation.

Common Reasons Funeral Expense Claims Get Delayed or Denied

Some common issues that can delay or reduce funeral reimbursement claim include:

• Missing receipts or incomplete invoices
• Lack of proof of presence in the Exposure Zone
• No Health Program certification of the 9/11-related illness
• Failure to establish the authority of the personal representative
• Incomplete medical records
• Missing important VCF deadlines
• Filing a personal injury claim instead of a wrongful death claim
  
  

The VCF requires thorough and accurate paperwork, and even small paperwork mistakes can lead to delays.

How a 9/11 Attorney Can Help Families Secure Full Compensation

Filing a 9/11 wrongful death claim is more complex than filing a 9/11 personal injury claim alone. Based on 9/11 Victim Compensation Fund policies and regulations, the family should never pay for the 9/11 related Surrogate Court costs associated with the claim. These costs must be absorbed by the 9/11 law firm representing the family. Hansen & Rosasco employs experienced Estate attorneys and paralegals to help our clients in Surrogate Court. It requires completing detailed paperwork, gathering medical records and documentation, and managing strict filing requirements. A dedicated 9/11 attorney can help families secure full compensation by ensuring documentation is gathered for all possible losses.

The Hansen & Rosasco 9/11 team helps families navigate these difficult claims with clarity and compassion, taking the time to assess your claim based on your unique personal circumstances. If you lost a loved one to a 9/11-related cancer and have questions about funeral cost reimbursement or wrongful death claims, contact our team today for a free consultation.