What’s the Difference Between Economic Loss vs. Non-Economic Loss Under the VCF?

When filing a claim with the September 11th Victim Compensation Fund (VCF), understanding the difference between economic loss and non-economic loss is essential. These two categories determine how much compensation you or your family may be awarded due to 9/11-related health conditions or due to loss of life as a result of a 9/11-related health condition. Whether you’re suffering from cancer or other health conditions caused by toxic dust exposure or have lost a loved one, the amount of compensation you receive depends on how these losses are calculated and documented.

Here, we break down the difference between economic and non-economic loss under the VCF, how each is calculated, and how this distinction can impact the outcome of your claim.

What Is Economic Loss Under the VCF?

Economic loss refers to the financial impact that a 9/11-related health condition or death has on a person or their family. This is a measurable amount that is based on documentation. It includes income that the person has lost or can no longer earn in the future due to the inability to work, past and future out-of-pocket medical expenses, lost benefits, and more. These losses can affect both the individuals directly impacted by the attacks as well as their dependents.

If an individual was present in the aftermath of the attacks and was unable to return to work due to illness, or even if they had to take a lower-paying job due to illness, those financial losses can be submitted as part of economic loss under the VCF claim.

What Counts as Economic Loss?

Specifically, economic loss under the VCF can include:

• Lost wages or income: For those who were unable to work (or had to reduce work hours) due to their certified 9/11-related condition, including lost future raises and cost of living increases of adjustments (COLA). 
• Loss of employer-provided benefits: This includes pension programs, retirement contributions, and employer-paid health insurance, as well as other benefits that may have been provided by unions or an employer, such as annuities, sick pay, and loss of vacation pay. 
• Past and future medical expenses: These must be related to the certified condition and not reimbursed through insurance.
• Funeral and burial expenses: Applicable in the case of wrongful death claims.
• Replacement services lost: If the deceased or ill individual provided household services such as caregiving, maintenance, or other unpaid work that now requires paid assistance.
  
  

These losses must be thoroughly explored and supported with documentation, which may include tax returns, employment records, insurance statements, and more.

How the VCF Calculates Economic Loss Compensation

The VCF uses a formulaic approach to calculate economic loss, considering:

1. Past economic loss: Wages and benefits lost between the onset of the date of disability due to the 9/11-related illness and the time that the claim is decided. 
2. Future economic loss: Projected future income and benefits lost due to an inability to work in the future due to a 9/11-related condition, typically based on a disability finding from the Social Security Administration (SSD), a pension board, the Workers’ Compensation Board, or the findings of a disability insurer, etc..
3. Offsets: Any benefits already received, such as life insurance, pension payments, Worker’s Compensation, settlements from 9/11-related lawsuits, or awards from the Social Security Administration (SSA), are deducted from the award.

For deceased individuals, the VCF considers the earnings they would have generated through retirement, which is adjusted for benefits and inflation. Economic loss awards can range from a few thousand dollars to millions, depending on the individual’s age, salary, and work history.

What Is Non-Economic Loss Under the VCF?

Non-economic loss, on the other hand, refers to the intangible impact of a 9/11-related condition. Also known as “pain and suffering,” this category is not based on financial records but on the emotional and physical toll of your or your loved one’s illness, injury, or death.

Every VCF claimant is entitled to a non-economic loss award if their condition has been certified by the World Trade Center Health Program (WTCHP).

What Counts as Non-Economic Loss?

Non-economic loss may include:

• Pain and suffering from a physical illness or injury;
• Loss of enjoyment of life, including the inability to participate in hobbies, relationships, or daily activities;
• Death due to a 9/11-related cancer or other illness. 
• A spousal or dependent claim by family members filing a wrongful death claim.
  
  

Notably, non-economic loss includes losses related only to physical conditions (such as cancer or breathing, or other disorder) and does not include PTSD, mental anguish, or other mental health suffering.

How the VCF Determines Non-Economic Loss Awards

Non-economic loss awards for physical injury and death claims are capped based on VCF guidelines, depending on whether the claim is for a living or deceased individual, and depending on the specific health condition the living claimant suffers from:

• For non-cancer conditions: The non-economic loss award for non-cancerous conditions varies from claim to claim but generally ranges from $10,000 to $90,000, depending on the severity and impact. Non-cancerous conditions include airway and digestive disorders, including asthma, chronic cough syndrome, chronic laryngitis, chronic nasopharyngitis, chronic respiratory disorder (from fumes and vapors), chronic rhinosinusitis, gastroesophageal reflux disorder (GERD), interstitial lung disease, new-onset and WTC-exacerbated chronic obstructive pulmonary disease (COPD), reactive airway dysfunction syndrome (RADS), sleep apnea, and upper airways hyperreactivity. The Special Master has the authority to award non-economic loss above $90,000 for non-cancerous conditions, limited to the special circumstances based on a lung transplant.
• For cancerous conditions: The maximum non-economic loss for any one type of cancer condition is $250,000. If the victim has more than one type of cancer, the Special Master may issue an award that makes an adjustment above $250,000 to account for multiple cancers. Similarly, if the victim has cancer and severe non-cancer conditions, the Special Master may issue an award that makes an adjustment above $250,000 to account for the additional conditions.
• For death claims: The non-economic loss award is $250,000 for the deceased individual, plus an additional $100,000 for the spouse and $100,000 for each dependent.
  
  

Economic vs. Non-Economic Loss: Key Differences in VCF Claims

Understanding these differences is essential for preparing a complete and well-supported VCF claim.

Why Understanding the Difference Matters for Your VCF Claim

Claimants who understand the difference between economic and non-economic loss are in a better position to submit accurate documentation that reflects the total amount of their losses, and potentially receive a larger VCF award. Here’s why:

• Economic loss requires careful documentation. Even small errors or missing data can reduce your VCF award.
• Non-economic loss is automatically calculated for those with a certified 9/11-related condition, but varies in amount. Full documentation of all WTCHP-related illnesses and the proper preparation of a claim can increase your award.
• You may be eligible for both types of awards. Many claimants overlook potential economic losses, especially lost household services or employer-provided benefits. 
• In death claims, both economic loss and non-economic loss are awarded. The VCF will evaluate the lost income of the deceased and award for pain, suffering, and loss to the family.
  
  

Understanding the details of the different types of awards ensures you don’t leave money on the table, especially in complex cases where benefits like pensions or employer-paid health insurance are involved.

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

Filing a VCF claim is not always straightforward, especially when calculating economic loss or gathering necessary documents to prove your loss. That’s where an experienced 9/11 attorney can make all the difference. A 9/11 VCF lawyer can:

• Evaluate your eligibility, including whether you lived or worked in the exposure zone.
• Calculate your economic loss award accurately, considering all possible income and benefits.
• Document non-economic loss, including statements about quality of life and pain and suffering.
• File amendments or appeals if new conditions arise or a claim is denied.
• Ensure deadlines are met, especially if a loved one died as a result of a 9/11-related condition.
  
  If you're ready to file a claim or need guidance, contact the dedicated team at Hansen & Rosasco, LLP. We're here to help you through every step of the process, so you can focus on healing while we focus on securing the compensation you are entitled to.