Zadroga 9/11 Compensation Claims Info

If Congressional leaders in Washington, D.C. don't resolve their budget differences by this Friday, the first responders, survivors, construction workers, municipal workers and volunteers covered by the 9/11 Zadroga Act could lose $27 million.

The original funding for the Zadroga 9/11 Act, including the World Trade Center Health Program and the 9/11 Victim Compensation Fund is already woefully inadequate without the additional insult of the sequestration cuts.  The sad part is that this was completely predictable - and avoidable -  if Congress would simply do their jobs. 

Let's hope that all the partisan gamesmanship on both sides of the aisle in Washington is put aside by Friday so that the heroes and survivors of 9/11 are not harmed once again.  

Last week we alerted you to an upcoming series of informational seminars to be held in Brooklyn regarding the Zadroga Act 9/11 Victim Compensation Fund.  Since then, an additional seminar has been added and a few original dates have been modified. 

All upcoming Brooklyn 9/11 Victim Compensation Fund seminars are being held on Tuesdays between 4:30 - 5:00pm.  The new correct dates are December 11th and 18th 2012  and January 15th and 22nd 2013. We apologize for any confusion.

All seminars are sponsored by The World Trade Center Health Program’s Long Island Clinical Center of Excellence and will be held at their Brooklyn location at 760 Parkside Avenue (2nd Floor),  Brooklyn, NY 11226.  See MapQuest here .

Pre-Registration is Required. Space is limited.

To register, please call Migdalia Alonso at Turley. Hansen & Partners  toll free at 1-877-693-2529 x112.  We hope to see you there!

Congratulations to Ridgley Ochs, Newsday's Health reporter, for her excellent article profiling 9/11 cancer victims and discussing the inclusion of over 50 cancers as covered conditions under the Zadtoga Act, including the World Trade Center Health program and the 9/11 Victim Compensation Fund.

Our client, Joe Vuoso, a court officer in lower Manhattan on 9/11, was profiled in the article:

For Joseph Vuoso, 68, of Mount Sinai, the ruling means he will be able to worry less about money and more about keeping himself alive. A court security officer at the Foley Square courthouse in 2011, Vuoso watched the towers fall and stayed at his post the rest of that week. The next year he was diagnosed with leukemia that has since become an aggressive lymphoma.

"We have heavy medical bills," he said. "I'm on seven different drugs and the co-pays are astronomical . . . I'm fighting to keep me here right now."

His attorney, Troy Rosasco of Ronkonkoma, who represents about 500 first responders, called having cancer covered "a godsend." But he, like others, said he is worried there won't be enough money.

"It sounds like a lot, but when you start calculating people with cancer who are now out of their careers, their lost wage claims can add up to millions," he said.

The cancers covered by the new Zadroga 9/11 Act rule  include:

1) Malignant neoplasms of the lip, tongue, salivary

gland, floor of mouth, gum and other mouth, tonsil,

oropharynx, hypopharynx, and other oral cavity and

pharynx

2) Malignant neoplasm of the nasopharynx

3) Malignant neoplasms of the nose, nasal cavity,

middle ear, and accessory sinuses

 4) Malignant neoplasm of the larynx

 5) Malignant neoplasm of the esophagus

 6) Malignant neoplasm of the stomach

 7) Malignant neoplasm of the colon and rectum

 8) Malignant neoplasm of the liver and intrahepatic

bile duct

 9) Malignant neoplasms of the retroperitoneum and

peritoneum, omentum, and mesentery

 10) Malignant neoplasms of the trachea; bronchus and

lung; heart, mediastinum and pleura; and other ldefined

sites in the respiratory system and

intrathoracic organs

 11) Mesothelioma

 12) Malignant neoplasms of the soft tissues (sarcomas)

 13) Malignant neoplasms of the skin (melanoma and nonmelanoma),

including scrotal cancer

 14) Malignant neoplasm of the breast

 15) Malignant neoplasm of the ovary

 16) Malignant neoplasm of the urinary bladder

 17) Malignant neoplasm of the kidney

 18) Malignant neoplasms of renal pelvis, ureter and

other urinary organs

 19) Malignant neoplasms of the eye and orbit

 20)  Malignant neoplasm of the thyroid

 21) Malignant neoplasms of the blood and lymphoid

tissues (including, but not limited to, lymphoma,

leukemia, and myeloma)

 22) Childhood cancers

9/11 Victim Compensation Fund Attorney Daniel Hansen of Turley, Hansen and Partners appeared on the Fox Network this past Saturday to discuss Friday's announcement that certain cancers will be included under the James Zadroga Act.

Mr. Hansen shared his thoughts regarding the relief so many of his current 9/11 cancer clients now have given that the their health care coverage for 9/11 related cancers will now be covered 100% by the Zadroga Act.  He also expressed his concern that the Zadroga Act may now be seriously underfunded given the addition of cancer and that awards from the Victim Compensation Fund, absent additional money from Congress, may be decreased across the board. 

The full ramifications of including cancers under the World Trade Center Health Program and the 9/11 Victim Compensation Fund are yet to be seen.  It will certainly impact the procedural filing of claims with the Victim Compensation Fund. Unfortunately, it is likely to slow the process for all potential claimants since the Fund has a limited staff and resources.  

We will continue to report developments with WTC cancers the 9/11 Victim Compensation Fund as they become known. 

According to a Zadroga Act article in yesterday's NY Times, Dr. John Howard, Director of the National Institute for Occupational Safety and Health (NIOSH), is expected to rule by late this week whether various cancers will be covered under the 9/11 Victim Compensation Fund (VCF).

Turley Hansen and Partners' attorney Troy Rosasco previously testified before Dr. Howard urging the inclusion of certain cancers for both medical treatment and compensation under the new James Zadroga Act.

However, 9/11 VCF Special Master Sheila Birnbaum correctly notes that inclusion of certain cancers could strain the resources of the Victim Compensation Fund, causing those victims whose respiratory illness's are already compensable to receive less compensation.

Unfortunately, given the limited pool of money currently in the Fund, this predicament pits one class of victims against others.  No matter how Dr. Howard rules, there will essentially be "winners" and losers" unless Congress decides to put more money into the Victim Fund.

The fair solution would be to include cancer but also include extra funding which would not decrease awards to respiratory and digestive victims who are already covered under the law.  So far, Congress has shown no inclination to revisit the issue of proper VCF funding. We will have to wait and see how Dr. Howard "splits the baby".

Now that the World Trade Center Health Program Scientific and Technical Advisory Committee has recommended that the 9/11 Victim Compensation Fund  should be expanded to include cancer, the next major question is which particular cancers should be covered? 

Our office has long advocated to Dr. John Howard, Director of NIOSH, for inclusion of cancer coverage under the the re-opened 9/11 Victim Compensation Fund as part of the Zadroga Act.   We currently represent over 40 clients with different forms of cancer which their doctors believe are related to their exposure to toxins at Ground Zero or other impacted areas such as the morgue or Fresh Kill landfill.

So which types of cancer should be covered under the WTC Health Program and the 9/11 Victim Compensation Fund?  While we believe that every individual exposed to WTC toxins should be allowed to make their own medical case for inclusion of their particular cancer.  However, practically, we know that the World Trade Health Center Program will likely only cover certain types of cancer. 

At a minimum, Turley, Hansen and Partners believe  that the following types of cancer should be included in the World Trade Center Health Program and that claimants with such cancers should be allowed to apply for compensation through the 9/11 Victim Compensation Fund:

• Blood Cancers, including Multiple Myeloma, Leukemia and Non-Hodgkins Lymphoma
• Head, Neck and Throat cancer
• Oral cancer, including Tongue Cancer and Nasopharyngeal Cancer
• Thyroid Cancer
• Esophageal Cancer (Cancer of the esophagus)
• Lung Cancer, including Mesothelioma
• Kidney Cancer
• Bladder Cancer
• Prostate Cancer
• Colon Cancer
• Melanoma (skin) Cancer 

On behalf of all the attorneys, paralegals and staff of Turley Hansen & Partners, we wish all 9/11 victims and their families a Happy Holiday and Healthy New Year! 

God Bless You!

September 11th Victim Compensation Fund (VCF) Special Master Sheila Birnbaum officially reopened the Fund today for new claims.  Prior to today, claimants could only "register" for the 9/11 Victim Compensation Fund, which was not the same as filing for "eligibility" or "compensation" under the Fund.  Now, a claimant can file online to see if they are "eligible" for possible compensation under the September 11th Victim Compensation Fund.  Actual VCF "compensation claim" forms will still not be available until the end of November.  Click here for a down-loadable PDF Instruction Sheet for filing 9/11 Victim Compensation Fund "Eligibility" claims.

Ms. Birnbaum also announced today upcoming free legal clinics, staffed by volunteer lawyers, for those claimants who would like to file their VCF claim without a lawyer.  These clinics will be held at the New York City Bar Association on November 7th, 2-4pm and December 13th, 6-8pm. Pre-registration is required by calling 1-855-885-1555.  Click here fore more details.

Claimants already represented by Turley, Hansen & Partners do not need to complete anything for the 9/11 Victim Compensation Fund online through the official Victim Compensation Fund website. That is our job.

As you know, we have been collecting the necessary medical, financial and "proof of presence" evidence on your behalf for months now.  We will continue to prepare your claim for filing once all the evidence is gathered so we can present your claim properly. Please call with any questions.

According to an exclusive article in today's New York Post, a new scientific study linking 9/11 toxic exposure at Ground Zero among NYC firefighters and certain types of cancers  will be published next month in the prestigious peer-reviewed medical journal, The Lancet.

This will hopefully be the concrete scientific evidence that Zadroga 9/11 Victim Compensation Fund Special Master Sheila Birnbaum needs to allow first responders with certain cancers to file for compensation under the new Zadroga 9 11 Act.

The seven year federally funded study published in the The Lancet (which is world renowned and has been continually published since 1823)  is expected to contradict the prior determination of Dr. John Howard, Director of NIOSH, who previously found that there was not enough evidence to link certain cancers to Ground Zero toxic exposures.

9/11 Victim Compensation Fund Special Master Sheila Birnbaum has repeatedly stated that she will review the eligibility criteria for first responders with 9/11 related cancers based upon new scientific evidence linking exposure to certain cancers.  This study appears to be the missing link. 

We will anxiously await the publication of this important study. Thanks to Susan Edelman and Sally Goldenberg for breaking this important 9/11 cancer link story in the New York Post.

The National Academy of Continuing Legal Education recently invited me to lecture my colleagues on the newly proposed Zadroga Act 9/11 Victim Compensation Fund regulations. The program was entitled "The Legal Aftermath of Tragedy: Review and Developments in the James Zadroga 9/11 Health and Compensation Act of 2010". Lawyers can sign up to see the Zadroga Act video and obtain CLE credits here.

This follows my previous video lecture for Lawline regarding Zadroga 9/11 Act claims.  I am sure that I will be writing and lecturing about the Final Zadroga Act Rules  when they come out. I am predicting that theFinal Zadroga Act Rules will not be released until after the tenth anniversary of September 11th so as to not cause any controversy prior to that solemn event.  This will allow the 9 11 Victim Compensation Fund to hopefully reopen in October for new claims as VCF Special Master Sheila Birnbaum has previously stated.

Stay tuned for further information. Also, stay safe for those of you who have Hurricane Irene coming your way.

Even the most skeptical New Yorker would have had a hard time not being impressed by Zadroga Act Special Master Sheila Birnbaum at a Town Hall Meeting  sponsored by the FealGood Foundation in New York City last week.  She had just the right touch for an assembled audience of 9/11 victims with serious and/or disabling health problems.

As a life-time New Yorker from the Bronx, she immediately connected with the over-flowing crowd. In a very straight forward manner she described her role as Special Master of the Fund and the potential limitations of the new Zadroga Act (more claimants than the first Victim Compensation Fund (VCF) and less money this time around).   In addition, only $875 million can be distributed to claimants in the first five years of the Fund, with the remaining almost $2 billion to be distributed in the sixth year. Therefore, all individual financial awards are likely to be split into two "chunks", with the largest chunk coming in the sixth year.

Finally, Ms. Birnbaum directly addressed the difficult issue of whether there was enough total money ($2.8 billion) in the 9/11 Victim Compensation Fund to fully compensate all claimants at similar levels as the first Victim Compensation Fund.  It seems that she does not believe there is enough money at this time and that full awards will need to be pro-rated (that's where fine organizations like the FealGood Foundation will come in to lobby Congress for any needed additional funds).

Ms. Birnbaum deftly handled all the audience questions. She looked claimants in the eye and did not over-promise.  She explained difficult concepts of damages in plain language, while always assuring the claimants that the process would be fair and transparent.  She was part therapist, part skilled litigator, part hometown hero and most of all - a friend and advocate for  victims.  No wonder her remarks were met with applause throughout the evening.  As I commented in my live Twitter Feed that evening, she "wowed" them.

We wish Ms. Birnbaum the best of luck in her challenging new assignment. From what we saw at the meeting last week, 9/11 victims have a true friend in Ms. Birnbaum.

As reported in the Wall Street Journal  and Daily News  today, new Zadroga Act 9/11 Victim Compensation Fund Special Master Sheila Birnbaum has released updated draft regulations regarding Zadroga claims procedures.  The rules are subject to a 45 day comment period and can be changed depending on those comments. We will be studying the new proposed rules closely for any possible comments we may make regarding inclusion of certain cancers under the Zadroga 9/11 Act.

As we expected, the new rules limit compensation to those claims involving "physical harm". Claimants who have only psychological injuries will not be able to claim compensation from the 9/11 Victim Compensation Fund, although they are entitled to medical care. Claimant's with a combination of both physical and mental injuries will be able to claim compensation under the Act for the physical part of their injuries.

The new rules significantly expand the geographic boundaries for 9/11 VCF claimants who were injured to include all portions of Lower Manhattan south of the Brooklyn Bridge, Centre Street and Reade Street.  

The Special Master at this time is proposing to use the presumptive list of WTC related illnesses established by the World Trade Center Health Progam as the list that the Victim Compensation Fund will adhere to, except under rare extraordinary circumstances.  Therefore, the decisions of Dr. John Howard , Director of the World Trade Center Health Program, on which illnesses will be covered, including certain cancers, will guide the Special Master.

In a significant surprise, the new rules permit the “amendment” of prior Victim Compensation Fund claims made under the original Fund, which closed in December 2003. For example, a claimant who received compensation under the original Fund for “asthma”, but who since has since developed a new 9/11 related condition such as “interstitial lung disease”, can  now “amend” his old claim for additional compensation. Similarly, if the prior Victim Compensation Fund compensation recipient’s condition has “substantially worsened”, that claimant can now apply for additional compensation. Therefore, all claimants who collected for injuries from the prior VCF should consult a Zadroga Act attorney today to see if they are eligible for additional compensation. 

Finally, the Zadroga 9/11 Act  permits the Special Master to distribute only $875 million of the newly allocated $2.75 billion to the Fund in the first five years, leaving the remaining amount to be paid in the program’s 6^th year. The Special Master will have to “pro-rate” or reduce the initial awards, which may upset some claimants. The bottom line is that all claimant's will receive their full award, but it will likely be in two parts years apart.

We will continue to study the new Zadroga Act regulations and post our analysis here. Stay tuned.

Finally! After an extended and anxious wait by claimants since the Zadroga 9/11 Act  was signed by President Obama on January 2, 2011, the the choice for the all important Victim Compensation Fund "Special Master"  has been named by Attorney General Eric Holder. Sheila L. Birnbaum, one of the nation's most experienced tort litigators and a Partner at the NYC mega Law Firm of Skadden Arps , will now fill the shoes that were once filled by prior Special Master Kenneth Feinberg. 

Ms. Birnbaum was recently successful in mediating $500 million of 9/11 litigation claims that were not part of the larger settlement with New York City at the request of federal Judge Alvin Hellerstein.  We will have more information and analysis on this announcement and what it might mean for our Zadroga Act clients shortly.  

According to a recent NY Times article, R. Blake Chisam has broad support among first responders, victims, 9/11 family members, lawmakers and 9/11 activists to become the next Special Master  of the  9/11 Victim Compensation Fund.  He is a former Prosecutor on the House Ethics Committee, and his prosecution caused the fall from grace of powerful Rep. Charlie Rangel of New York.

As we previously reported, Kenneth Feinberg was the Special Master of the original 9/11 Victim Compensation Fund, and offered to repeat this role with the new Fund. However, he is currently busy administering the BP Gulf Oil Disaster Fund and obviously could not do both.

According to the NY Times, Attorney General Eric Holder has also interviewed two other highly respected lawyers for the 9/11 Special Master position. They include Sheila L. Birnbaum, a lawyer well known for representing corporations in mass environmental negligence claims, and Jay Lefkowitz, a top litigator with White House experience in both Bush administrations.

Turley, Hansen & Partners, Zadroga Claim Attorneys, is proud to announce their sponsorship of the Mets " 9/11 Hero of the Game" on WFAN radio. 

If you know of a 9/11 Hero who you would like to nominate for on air recognition at Mets home games, please use the Turley Hansen & Partners "9/11 Hero of the Game" Nomination Form here.  

Every day we speak to 9/11 heroes who are sick and dying due to their toxic exposure at Ground Zero. Just today I spoke to two heroes currently in hospice programs receiving only palliative care.

While public recognition of our gratefulness for their selfless and heroic actions may not change the course of their disease, we hope that by sponsoring the "9/11 Hero of the Game", it may lift their spirits.   Please join us during Mets home games in saluting our "9/11 Hero of the Game". 

If you have any questions regarding your eligibility for compensation under the Zadroga 9/11 Act, please call us at 1-855-WTC-INFO .

We are pleased to announce that Brian Mittman of Markhoff & Mittman, PC , Westchester's premier law firm for injured workers, has joined the Turley, Hansen & Partner's Zadroga legal team. Brian's law firm has been representing injured workers since 1933 - that's right - 1933, and is known for making some of the foundational law upon which all injured workers rely every day.

Brian will be able to do in-office consultations in his White Plains office for potential Zadroga Act claimant's living in the southern tier of New York, as well as northern New Jersey and Connecticut. In addition to Markhoff & Mittman's legendary status as "Deans of the Workers' Compensation Bar", Brian has brought cutting edge technology to his firm that permits him to handle Zadroga claims in the most timely and efficient manner possible. One look at the Markhoff & Mittman website and his informational posts on the Zadroga 9/11 Act  tell you his level of commitment to our cause.  Listen to Brian's interview with Zadroga Lawyer Troy Rosasco, Esq here.

As we all know, their is a growing problem of unfairly slow payments in 9/11 related claims, particularly by law firms that took on more clients than they could handle.  This has left 9/11 victims frustrated and perhaps victimized yet again.  Both Turley, Hansen & Partners and Markhoff & Mittman, PC are committed to the timely handling of all Zadroga Act Victim Compensation Fund claims, without sacrificing the quality of the legal representation.  

Please join us in welcoming Brian Mittman and Markhoff & Mittman, PC  to the Zadroga Claims Info legal team. Brian's legal skills will be an asset, and his location in White Plains will make it even easier for us to meet with clients living in and around that area.   

9/11 Widow Wins Benefits Appeal: MyFoxNY.com

Chet Lukaszewski, Esq. one of our Zadroga Claim Lawyer Partners, appeared on the Fox News' Good Day New York program this week with Jacki Kaht Fernandez, widow of 9/11 hero, FDNY Lt. Cruz Fernandez, who died of a heart condition related to his service at Ground Zero.

As reported here earlier, Chet won a groundbreaking Court victory for all NYC Firefighters who are fighting for WTC related disability pensions.  The Court told New York City that they did an inadequate job of evaluating the evidence in this medically complex case. Mr. Lukaszewski did his homework and lined up the proper expert testimony to establish that Lt. Fernandez' lung condition contributed to his heart condition and subsequent death.

It is exactly this type of hard work and determination that Zadroga Victim Compensation Fund Attorneys will have to expend to maximize their client's financial awards for those with the most serious Ground Zero illnesses and injuries.  We are lucky to have lawyers with Chet's skills on our team. 

As reported in the New York Post today, our partner ( and fellow Zadroga lawyer) Chet Lukaszewski, has won a groundbreaking 9/11 World Trade Center pension case for the widow of a NYC firefighter.

In the first World Trade Center Appellate disability pension decision in favor of a first responder, the Appellate Division, Second Department, held that the New York City Fire Department Pension Fund Medical Board had provided an inadequate rationale several times in recommending denial of a petition for benefits brought by the widow of Lt. Cruz A. Fernandez in Matter of Fernandez v. Board of Trustees of N.Y. Fire Dept. Pension Fund, Subchapter 2 (App. Case# 2009-06506; Index#26232/08).

The Appellate Division overturned the denial by the FDNY Pension Fund of a petition for line of duty death benefits brought under the "World Trade Center Law", which had been previously upheld by the lower Court, and remanded the application for further consideration.  The application was brought by the widow of an FDNY Lieutenant who had run 9 marathons during his career, and spent hundreds of hours at the World Trade Center site, and retired in good health in 2002.

But soon after he began to suffer various health issues, and eventually died in July 2006 as a result of a complex cardiac event while playing in shallow water with his young nephew in full view of his family while on vacation.  The widow's  multiple medical experts found the decedent to have died as a result of his toxic 9/11 exposures, as evidenced by coal dust found throughout his body during an autopsy,  including his lungs, and other scientific indicators that demonstrated that his body, particularly his heart, had been weakened by the toxins, which lead to the cardiac event that caused his death.

The Pension Fund Medical Board found the death to simply be a drowning, which was adopted by the Fund’s Board of Trustees; and in Court the Pension Fund argued that even if the petitioner was caused to drown by a cardiac event, it was a standard heart attack, with no WTC exposure connection.  The widow argued the black coal dust in the decedent’s body and lungs, known as anthracosis (coal miners’ disease), which was the primary factor in his death, was both a “disease of the lower respiratory tract” as well as “heavy metal poisoning”, which are both “qualifying conditions” under the under the WTC Law, and thus the death was WTC related.  

The Court held in reversing the lower Court and the Fund: "Although the Board of Trustees [of the pension fund] is entitled to rely on the report and recommendation of the Medical Board, the proceedings should disclose the reason for the denial, and the determination must be set forth in such manner as to permit adequate judicial review… Under the circumstances of this case, the explanation by the Medical Board was insufficient." The Court ordered that the Pension Fund Trustees to send the case back to its Medical Board to specifically address medical evidence indicating that Mr. Fernandez's drowning was precipitated by his heart condition, which was the result of respiratory distress caused by responding to the 9/11 attacks.

This widow was lucky to have our partner (and fellow Zadroga 9/11 attorney) Chet Lukaszewski as her disability pension lawyer.  Now lets hope the Medical Board finally does the 'right thing'.

If I have a 9/11-related lawsuit that is NOT settled, can  I file a non-lawsuit administrative claim under the Zadroga Act?

The answer is NO! 

The Zadroga Act states, to be eligible for compensation under the 9/11 Victims Compensation Fund, an injured claimant who is part of a lawsuit that has not yet fully settled, MUST withdraw from any lawsuit. While this provision does not affect those who have already settled 9/11 lawsuits and paid legal fees ranging from 25% to 33 1/3 % to their old lawyers, many claimants in related 9/11 litigation may not have settled their 9/11 lawsuits to date. These injured victims and first responders should not feel pressure to settle their lawsuits now! It may hurt them financially to do so now.

In particular, the Zadroga Act  states that:

an individual may NOT submit a claim for Victims Compensation unless such individual withdraws from such action within 90 days from the date on which Zadroga regulations are issued (the regulations are expected soon).   A lawsuit settled after January 2, 2011 (the date that the Zadroga Act was signed into law), disqualifies the injured person from any right to file a claim for Victims Compensation. 

Should I call a new Zadroga Act Lawyer for a Second Opinion?  

A claimant may want to get a second opinion from a different Zadroga Act lawyer since, as reported in the Daily News, some:

 " lawyers do better with the lawsuits, where they earn 25%, instead of a maximum of 10% under the Zadroga law."  

A second opinion from a new, unbiased Zadroga Act lawyer guarantees that any possible conflict of interest that the lawsuit lawyer may have in recommending that an injured person continue with a lawsuit -where the lawyer's fee is 25% (or even more) - rather than file a Zadroga Act claim where the lawyer's fee is much less (at most 10%, sometimes less).

A second opinion from an  new Zadroga Act lawyer  avoids the potential "mixed signals" given to the 9/11 victims from the 9/11 lawsuit lawyers.  Visit us in our offices in the historic Woolworth Building in lower Manhattan or one of our other convenient locations. You may pay lower legal fees!

Last week, we reported that utility workers working near Ground Zero are covered by the recently reopened 9/11 Victims Compensation Fund in the Zadroga Act, giving these workers the right to file a claim for compensation for 9/11-related conditions and injuries.  The Zadroga Act, which reopened the Victims Compensation Fund (VCF), has opened the fund to a wide variety of 9/11 first responders and clean-up workers.

The Zadroga 9/11 Health and Compensation Act  has vastly expanded the definition of who is able to file a claim from the original law (covering first responders and survivors only), to those workers and volunteers who assisted, in any way, in the clean-up efforts.  

The new Zadroga Act, which reopens the Victim Compensation Fund (VCF) of 2001, defines this large class of workers and volunteers eligible for monetary compensation to include:  

1. Sanitation workers. 

2. Window washers near Ground Zero. 

3. Commercial cleaners in the building or areas surrounding Ground Zero. 

4. Porters, janitors, and others who cleaned the toxic dust and debris and fallout from Ground Zero. 

5. City workers and private carting and sanitation workers who removed the debris and refuge from the 9/11 sites, including along route to any dump or landfill.

6. Barge and other maritime workers (dockworkers, captains, and others) who helped move the debris from Ground Zero and the surrounding areas. 

7. Truck drivers and their helpers who transported or handled the debris and materials from the World Trade Center or the nearby areas. 

8. Transfer station workers who handled or helped move debris and materials from the 9/11 sites. 

Check back soon when we will discuss what qualifies as "debris removal" under the new Victims Compensation Fund.

A  large number of construction workers and first responders (over 10,000) were part of the recently settled 9/11 World Trade Center lawsuits against the City of New York and others for injuries suffered in the massive clean-up and recovery efforts related to their work on the Ground Zero site or what has been called "the pile."  The Daily News and the New York Post have reported a number of controversial issues related to these 9/11 World Trade Center lawsuits, including some attorneys trying to pass along to their clients over $6,000,000.00 in interest on the money borrowed by the law firms. A federal Judge denied this unusual request. 

Putting aside those problems involving the settled lawsuit, one a important big question remains: What attorney's fee amount can be properly charged by a lawyer representing a 9/11 first responder, construction worker or clean-up worker who also now wants to file a claim under the 9/11 Victims Compensation Fund?   

The answer to this important question can be found in the Zadroga 9/11 Compensation Act.  First, for an individual who has not settled a prior claim or lawsuit, the maximum fee that may be charged by the lawyer is 10 percent.  For an individual who was a part of the recently settled lawsuit, the maximum attorney's fee is 10 percent of the total of the lawsuit settlement plus the amount awarded by the WTC Victim Compensation Fund minus  "the total amount of all legal fees charged for services rendered in connection with such settlement." 

In other words, under the Zadroga Act, individuals who settled their lawsuit who also file a WTC Victims Compensation Fund claim will never pay more than a 10 percent attorney's fee on all amounts received (the total received from the settled lawsuit plus the amount awarded by the Fund).  

Another question raised is whether an injured person who had a lawsuit has the right to choose a new attorney to file a claim under the Victims Compensation Fund?   The answer is YES! 

Injured workers and volunteers who where part of the settled lawsuit have the absolute right to have a new lawyer represent them to file a claim under the Victims Compensation Fund. The claimant will still pay the same 10 percent attorney's fee, while having the benefit of a new attorney giving a "fresh look" at the claimant's injuries without any increased attorney's fee or cost.   

The final question is whether it is difficult to switch to a new attorney to file a claim under the Victims Compensation Fund? The answer is "NO".

An injured worker who wants a new attorney to help maximize a claim under the Victims Compensation Act needs only to sign a one page form.  The new lawyer will obtain all of the medical records from the prior attorney (all medical records are the property of the client), with no need for the injured worker to get any records or even have any contact with the old lawyer. 

As first reported here earlier this month, the Zadroga 9/11 Act   opens the Victim Compensation Fund to a wide range of workers and volunteers who helped in the clean-up of the World Trade Center sites who were present beyond just the date of the attacks , unlike the original Victims Compensation Fund. This includes utility workers.

One of our first 9/11 clients was a young New Jersey  telecommunications technician who worked for Sprint for months after the attack restoring service.  Unfortunately, due to his exposures at Ground Zero, he was diagnosed with, and later died from, interstitial lung disease.  Interstitial lung disease is often caused by exposure to dusts, including asbestos and silica.  Despite his family's tremendous loss, we were later able to obtain a substantial financial award for his widow and children.

Another one of our clients who worked for Verizon at the WTC site restoring service was later diagnosed with nasopharyngeal cancer (carcinoma). Thankfully, this young man's cancer is now in remission and he has since returned to work.  We are now working on his Victims' Compensation Fund claim.  Finally, one of our long-standing client's who was working for an electrical contractor was recently diagnosed with leukemia, a blood cancer too often seen among 9/11 rescue and repair workers, due in part to the high amount of the toxic chemical "benzene" found at Ground Zero. We are now preparing to file his claim with the Victim Compensation Fund.

As you can tell, one large category of workers and volunteers that were crucial to the cleanup efforts were the utility workers such as Con Ed, Verizon, AT&T, Sprint and other utility workers who worked in the WTC area in the 8 1/2 months after 9/11.  Also included in the new Victim Compensation Fund are the Verizon workers who were in the Verizon offices at 140 West Street on the date of the attacks who suffered injures on 9/11 or have developed any 9/11-related illnesses since that time. 

Most importantly, the Zadroga 9/11 Act vastly expanded the Victims Compensation Fund by not limiting claimants to the area around the World Trade Center site itself, but expanding it to the surrounding buildings and lower Manhattan neighborhoods.  In particular, the Victim Compensation Fund was expanded to include workers at:

• the World Trade Center site,
• the buildings or portions of buildings that were destroyed as a result of the terrorist-related aircraft,
• any area contiguous to a site of such crashes that the Special Master determines was sufficiently close to the site that there was a demonstrable risk of physical harm resulting from the impact of the aircraft or any subsequent fire, explosions, or building collapses (including the immediate area in which the impact occurred, fire occurred, portions of buildings fell, or debris fell upon and injured individuals), (such as dust, debris, etc.), and
• any area related to, or along, routes of debris removal, such as barges and Fresh Kills. 

The prominent New England Journal of Medicine has found that many of the rescue workers and responders to the World Trade Center attacks continued to suffer breathing difficulties that did not improve in the years since being exposed to the toxic dust and debris.  

The effects go beyond what was first dubbed "World Trade Center Cough" , although that symptom has lingered in some emergency workers, says study coauthor Thomas Aldrich,MD, a pulmonologist at Montefiore Medical Center and Albert Einstein College of Medicine of Yeshiva University in New York City. 9/11 WTC workers who inhaled the thick dust at Ground Zero and nearby have not just the "World Trade Center Cough," but also bronchitis, asthma and symptoms of chronic obstructive pulmonary disease and decreased lung function.  

The dust at the site has been described as “a complex mixture of dust, cement and glass fibers," according to one of the first environmental scientist who took samples.  Damage by this toxic mixture was worsened because some protective supplies, such as appropriate respirators, were not available. 

Medical monitoring and compensation is available under the recently passed Zadroga 9/11 Compensation Act. The Zadroga 9/11 Act provides for comprehensive medical monitoring and treatment to those first responders, clean-up and other workers exposed to the toxic dust. The Zadroda 9/11 Act also proves for monetary compensation to construction workers, rescue workers, volunteers and clean-up workers with respiratory and other injuries, even if the injuries did not manifest or appear until after the exposure to the toxic dust and debris.

The New York Daily News reports that  9/11 First Responders could face a four month treatment gap because Congress never officially passed this year's budget.  A passed budget would have given the  WTC Medical Monitoring and Treatment Program  $150 million. 

The Daily News reports that “lawmakers punted repeatedly, passing stop-gap "continuing resolutions" that "fund programs at last year's levels”, and that “the last temporary funding measure passed before Christmas, and runs out March 4."

Workers and others injured in the attacks do have other benefits coming under the $4.3 billion James Zadroga Health and Compensation Act, but the new World Trade Center Benefits and the World Trade Center Compensation Fund does not become effective until this July.

According to the Daily News, the Zadroga Victim’s Compensation Fund’s sponsor, Rep. Carolyn Maloney (D-Manhattan) and Sen. Kirsten Gillibrand, vowed to find a fix for the gap in funding for the approximate 60,000 people who are enrolled in various World Trade Center health and monitoring programs.  Let's hope they can pull off another miracle!

Jon Stewart of the Daily Show praised Senator Kirsten Gillibrand for her work on the Zadroga 9/11 Act  as a guest on his show last night.   A video of Sen. Gillibrand's appearance speaking about the Zadroga 9/11 Act is here.

As Mr. Stewart was praising the Senator, we should remind all of his own important contribution, among many, to the passage of this important bill.

Surprisingly, with little fanfare, President Obama signed the James Zadroga 9/11 Health and Compensation Act into law this afternoon while still on vacation in Hawaii.

Although the tenacious supporters of this bill deserved better, perhaps the President thought that a low-key ceremony was more appropriate given the somber purpose of the new law.  Regardless, the important fact is that 9/11 survivors, first responders and other workers will now get the medical care and compensation they so desperately need.

Now, the "Special Master" of the re-opened Victims' Compensation Fund has 180 days to issue new regulations to implement the Zadroga Act.  This is where the details of claims' procedures and other matters will be "put on the bones" of what was an otherwise short bill by Washington standards. 

We will post further details on the new Zadroga Act regulations as they become available. See the FealGood Foundation Press Release on the signing here.  For now, let us all be grateful that this day has finally come.