Can Having More Than One Certified Condition Increase Your VCF Compensation?

People exposed to September 11th toxins often suffer from more than one 9/11-related health condition. Many have both respiratory illnesses and cancer, or multiple types of cancers, all of which are linked to their time in the NYC Exposure Zone. Our clients often ask if having more than one certified condition can increase compensation from the 9/11 Victim Compensation Fund (VCF).

The answer, in many cases, is yes – multiple certified conditions can increase your VCF award. The increase is not automatic, and understanding how the VCF evaluates conditions and determines award amounts is essential. In many cases, after an initial VCF claim and award, a person develops a new (sometimes more serious) condition that may also entitle them to amend their claim and receive additional compensation. Here, we break down how the VCF determines award amounts when a 9/11 VCF claimant suffers from multiple 9/11-related conditions.

Understanding Certified Conditions Under the WTC Health Program

To be eligible for VCF compensation, a person must first have their condition certified by the World Trade Center Health Program (WTCHP). Certification confirms two things:

1. You have a diagnosed physical health condition, and
2. The WTCHP finds it presumptively linked to your 9/11 exposure.

The WTCHP certifies hundreds of 9/11-related cancers and illnesses, including:

• More than 70 different cancers
• Aerodigestive (breathing and digestive) disorders
• Musculoskeletal disorders
• Mental health conditions (for treatment only)
• Traumatic injuries
  
  

Many 9/11 responders and survivors have one or more certified conditions. What cancer or other illness is certified by the WTCHP is important when the VCF evaluates compensation.

How the VCF Calculates Compensation

The VCF provides compensation for two main types of awards: economic loss and non-economic loss.

Economic loss awards compensate for lost earnings, out-of-pocket medical expenses, loss of employer-provided benefits, loss of retirement or pension contributions, and replacement services (household help the individual can no longer perform). Economic loss awards depend on how the 9/11-related condition affects a person’s ability to work or earn income. 

Non-economic loss awards compensate for pain and suffering related to the 9/11 health condition. This portion is calculated based on the nature and severity of your condition, and how it impacts your daily life. While the VCF has established “baseline” awards for various conditions, the award amount can vary based on the extent of your suffering, with more painful and devastating conditions leading to higher award amounts. 

Can Multiple Certified Conditions Increase Your VCF Award?

Yes, in many cases. When someone has multiple certified conditions, the VCF considers whether each additional condition causes distinct physical harm that justifies additional compensation. 

The increase may apply to economic loss or non-economic loss:

1. Multiple Conditions Can Increase Non-Economic Loss: If a person has two cancer conditions, or a cancer condition plus several non-cancer conditions, the VCF will evaluate them separately. Additional conditions can increase the total non-economic loss award. Importantly, the VCF does not simply add the maximum amount for each condition. Instead, the Special Master assesses overall severity, impact on daily life, and whether the conditions cause distinct harm.
2. Multiple Conditions Can Increase Economic Loss: If having multiple conditions impacts your ability to work more than a single condition, your VCF award may increase. For example, someone with asthma may still be able to work full-time. But when asthma is combined with GERD, sleep apnea, and chronic sinusitis, the limitation on their ability to work may be more substantial and may result in their loss of income and benefits.

Key Factors That Affect Compensation for Multiple Certified Conditions

Simply having more than one certified condition does not automatically guarantee a higher award. The VCF considers:

• Severity: How serious is each condition? Does it affect daily functioning?

• Interaction Between Conditions: Do they collectively worsen the individual’s overall health?

• Treatment Burden: Multiple surgeries, chemotherapy cycles, or chronic symptom clusters may justify greater awards.

• Impact on Ability to Work: This is a major factor in determining economic loss awards.
• Timing: If a new certified condition emerges later, a claimant may file an amendment, which can increase compensation.
• Evidence and Documentation: Strong medical documentation is essential. The VCF cannot award additional compensation if the condition and its impact are not well documented.

VCF Award Limits, Caps, and Exceptions

The VCF has set the following limits for non-economic awards: 

• $10,000 to $90,000 for 9/11-related non-cancer conditions
• Up to $250,000 for cancer conditions
• In limited cases, up to $340,000 for multiple cancers or cancer with multiple severe non-cancer conditions
  
  

While the VCF has maximum caps for pain and suffering, multiple conditions can still increase the award up to the limit. Economic loss has no fixed cap; the amount depends entirely on the claimant’s financial circumstances.

Important: There is no cap on total economic awards, including past out-of-pocket medical expenses, funeral or burial expenses, lost earnings and benefits, and other documented economic losses.

However, the VCF does impose a statutory limitation on annual gross income for purposes of calculating loss of earnings. The VCF limits the amount of annual lost earnings and benefits that may be considered “gross income” to the amount of $255,610 for each year of loss (not total).

How a 9/11 Victim Lawyer Can Help Maximize Your VCF Compensation

The guidance of an experienced 9/11 VCF lawyer can make a significant difference in cases involving multiple conditions. Your attorney can:

• Ensure all certified conditions are properly documented
• Demonstrate how multiple conditions collectively impact your life
• Prepare amendments and update your case as conditions progress
• Pursue additional economic loss you may not realize you qualify for
• Build the strongest case for maximum compensation under VCF guidelines
  
  

Having a dedicated VCF law firm by your side helps ensure you receive the maximum compensation available for your individual circumstances. Contact the dedicated attorneys at Hansen & Rosasco, LLP today for a free consultation.