Is There A Time Limit For Aerodigestive Claims?
Unlike cancer, aerodigestive disorders have a maximum time interval within which the illness must manifest. All presumptively covered aerodigestive disorders, except for gastroesophageal reflux disorder (GERD) and interstitial lung disease, have a maximum time interval of five years. You must have had symptoms of the illness within five years of your last date of toxic exposure to be eligible for compensation.
Common Aerodigestive Illnesses Due To 9/11
Aerodigestive conditions include:
- Chronic obstructive pulmonary disease (COPD)
- Other obstructive airway diseases (OADs) such as chronic respiratory disorder, asthma, reactive airways dysfunction syndrome (RADS) and chronic cough syndrome
- Upper respiratory diseases (URDs) such as upper airway hyperreactivity, chronic rhinosinusitis, chronic nasopharyngitis and chronic laryngitis
Gastroesophageal reflux disorder (GERD) has a maximum time interval of one year from the last date of toxic exposure. Interstitial lung disease has no maximum time interval.
For claims based on aggravation of a preexisting aerodigestive disorder, there must be increased frequency in medical treatment within the maximum time interval for a new onset of that same condition.
Exposure Factors Will Affect Your Case
The exposure zone for the New York City World Trade Center site is all of Lower Manhattan south of Canal Street from the Hudson River to the intersection of Canal Street and East Broadway, north on East Broadway to Clinton Street and east on Clinton Street to the East River. The sufficiency of exposure depends on your individual circumstances, including your location, nature of work, when you first arrived on site and the duration of presence. A minimum number of hours present for cancer to develop is four hours or being directly in the dust cloud for any length of time.
Trust A Recognized Law Firm
At Weisfuse & Weisfuse, LLP, we have a reputation for getting results for workers and other individuals who developed illnesses following the September 11th terrorist attacks. If you are eligible for a claim through the September 11th Victim Compensation Fund, our lawyers can help you through the complex process. Call 212-983-3000 or email our office for a free consultation.
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