What Happens If Your Loved One Died of Cancer or Other 9/11 Illness?

In the 20-plus years since 9/11, more than 5,000 families have lost a loved one to a 9/11 cancer or other illness. Those unfortunate souls who lost their lives include people who breathed the dust and fumes that stayed in lower Manhattan from 9/11 until mid-2002. The majority of those who have passed since 9/11 are people who, not knowing the dangers of the toxic air, went back to work, live, or school in lower Manhattan south of Canal Street. 

Over half a million people were exposed to the 9/11 dust and fumes. The most people exposed were the 360,000 office and other downtown workers, followed by the 90,000 first responders/clean-up workers, over 50,000 residents, and tens of thousands of students.  As of 2019, at least 67,000 of those exposed to the 9/11 dust have died. 

When a loved one passes away due to a 9/11-related illness or injury, you may be entitled to financial compensation through the September 11th Victim Compensation Fund (VCF). It is important to understand the long-term health ramifications of 9/11 and the legal rights associated with wrongful death and the 9/11 VCF.

While it is impossible to undo the damage that has been done, there are certain measures in place to help the families of the victims cope with the financial aspects of their losses. The 9/11 terrorist attacks released a toxic cloud of hazardous materials into the air, including asbestos, glass fibers, and pulverized cement. This toxic dust was inhaled by 9/11 first responders, rescue workers, residents, and people who worked in the area. The long-term health ramifications of 9/11 continue to affect thousands of people who were exposed to the hazardous dust and debris from the collapse of the WTC towers. People who were exposed to the World Trade Center dust and debris are at an increased risk of developing cardiovascular disease, asthma, COPD, and other respiratory illnesses. Additionally, there is an increased risk of developing cancer due to the presence of carcinogens in the dust and debris. 

Understanding Wrongful Death/Deceased Claims 

Wrongful death is a legal term typically used to describe a situation in which one person dies as a result of negligence. Under the 9/11 VCF, the claim for somebody who died as a result of a 9/11 cancer or other illness is called a “deceased” claim. While the VCF has a very technical definition that defines a deceased claim, in actual practice, your family is likely eligible to file a deceased claim if you lost a loved one to any type of cancer (or a respiratory/digestive illness) and your loved one was a responder or if they lived, worked, or went to school in lower Manhattan any time between 9/11 and May 30, 2002. 

The VCF provides a tax-free award to the surviving family members that include economic losses, such as lost income and medical expenses. The VCF also provides non-economic losses, such as pain and suffering, to the families of those who since passed as a result of any cancer or breathing/digestive condition. 

The September 11th Victim Compensation Fund and the Never Forget the Heroes Act

The September 11th Victim Compensation Fund (VCF) was established along with the World Trade Center (WTC) Health Program after the September 11th terrorist attacks. The VCF was established to provide funds to people who have suffered physical harm, loss of a loved one, or economic loss due to 9/11-related injuries or illnesses, while the WTC Health Program was created to provide medical monitoring, evaluation, and treatment for 9/11 victims who have developed 9/11 illnesses due to their exposure at one of the attack sites. The VCF offers a lump-sum award of financial compensation for medical bills, lost wages, lost benefits, wrongful death, non-economic losses, and other expenses.

In 2019, the Never Forget the Heroes Act was signed into law. This law extended the VCF program and increased the amount of available funds for claimants. It also made the VCF available to those who have been diagnosed with certain 9/11-related illnesses after the original filing deadline. Additionally, the law created procedures for the VCF to expand its outreach efforts and ensure that all eligible claimants are aware of their rights under the program. The law provided additional resources to the Special Master of the VCF to help process claims more efficiently. This includes hiring additional staff, establishing satellite offices, and creating an appeals process. Finally, the law extended the VCF's period to file claims to the year 2090.

Filing a VCF Claim for a Deceased Loved One

When a loved one passes away due to cancer or other 9/11-related illness, their family members may be eligible to file a deceased claim with the VCF. This claim may provide both economic and non-economic compensation for the losses they have suffered due to the death of their loved one.

Economic Loss 

Economic loss is the total amount of lost income, lost future earning capacity, and other economic damages sustained by victims and their family members as a result of the 9/11 attacks. This includes lost wages, out-of-pocket expenses, medical bills, lost benefits, lost pensions, lost health care coverage, and other economic costs.

Non-Economic Loss

Non-economic loss refers to the intangible losses suffered by victims of the 9/11 attacks and their families, such as pain and suffering, loss of companionship, and emotional distress. These losses are not typically quantifiable in terms of dollars and cents, but are nonetheless very real and can have a lasting impact on those affected. Typical amounts for those receiving compensation under the Zadroga Act are $250,000  for the deceased victim, plus $100,000 for their spouse and each dependent.

It is Not too Late

It is usually not too late for a family to file a deceased claim, even if the loved one passed many years ago. While there is a deadline (essentially, a statute of limitations) for filing a 9/11 VCF claim, in many deceased claims that deadline has not yet passed. The  9/11 VCF registration deadline is two years after the date that the World Trade Center Health Program issues a letter that “certifies” a cancer or other condition as related to exposure to the 9/11 toxins. Most importantly, if a deceased was never enrolled in the WTC Health Program, then the time deadline to file a claim never started (in legal terms, it is said that the claim never “accrued”). This means that families who lost a loved one to cancer or other 9/11 illness and the loved one was never in the WTCHP, then the family can still file a 9/11 compensation claim even if many years have passed (in some cases over 20 years) since the diagnosis or their death.  

How a 9/11 Attorney Can Help

When a loved one passes away due to a 9/11-related injury or illness, the personal representative of their estate may be eligible to file a claim with the VCF for the family members for deceased claim compensation. However, the process of filing a claim can be complex and time-consuming, especially since there are procedures that need to be filed in the local State Surrogate;’s Court that needs to be coordinated with the federal VCF. This is where an experienced 9/11 attorney can help you. A 9/11 attorney can help family members navigate the claims process, understand their legal rights, and maximize their compensation to receive the full amount that they deserve. 

The Attorneys at Hansen & Rosasco, LLP Work Hard for Families Like Yours

At Hansen & Rosasco, LLP, we have seen the pain and suffering that families experience when a loved one passes away due to a 9/11 illness. Our experienced attorneys have helped countless families file successful VCF claims and receive the compensation they deserve. We are committed to fighting for the rights of 9/11 victims and their families. If you have lost a loved one due to a 9/11-related illness, learn more about family members’ eligibility for compensation or contact us for a free consultation