How Much Compensation Can I Recover?
What Is Your September 11th Victim Compensation Fund Claim Worth?
Each award is calculated individually. The final award: Non-Economic Loss plus Economic Loss minus Collateral Offsets.
The September 11th Victim Compensation Fund will award money to compensate for non-economic loss, also known as pain and suffering. Non-economic loss awards are presumed amounts based on the type illness claimed. The non-economic loss award can be increased by presenting evidence of a significant effect on activities of daily living. For example, providing evidence of surgery or chemotherapy may increase the pain and suffering award.
Non-Economic Award For Cancer Survivors
According to VCF.gov, the maximum non-economic award for any single type of cancer is $250,000, except skin cancer which is in the range of $90,000.
Non-Economic Awards For Non-Cancerous Conditions
The maximum non-economic award for any one type of non-cancerous condition is $90,000.
Emphysema, interstitial Lung Disease (including asbestosis), and sarcoidosis are considered so severe that they will warrant the highest possible non-cancerous award of $90,000 without the need for further documentation. However, there are limited exceptions where the $90,000 cap can be increased. Certain claimants with interstitial lung disease or other pulmonary illnesses suffer in the same way as a lung cancer victim. These claimants might require lung transplants or mechanical respiratory assistance on a daily basis. These claimants may receive the same award as someone with lung cancer.
The September 11th Victim Compensation Fund awards compensation for Economic Loss, including loss of earnings, out of pocket medical expenses, funeral expenses, and household services.
Loss Of Earnings
The September 11th Victim Compensation Fund awards compensation for loss of past and future earnings. The VCF will also compensate for loss of employment-related benefits, including pension programs, retirement contribution plans, and health benefits. The VCF caps economic loss at $200,000 per year. The loss of earnings award is offset by pension, Social Security Disability (SSD), or private disability insurance.
To prove that your 9/11 related condition is or was disabling, the VCF may accept determinations made by SSD, Workers’ Compensation, or a private disability insurer. Without SSD the loss must be proven by tax returns or other business records, as well as medical documentation supporting disability. In a death claim, loss of future earnings may be awarded where there is evidence that the death from an eligible condition and resulted in compensable loss.
Without any prior disability determination, the VCF may accept applications based on a detailed evaluation by the victim’s treating physician. In certain circumstances, the VCF may permit a WTCHP disability evaluation, upon request.
Awards For Death Claims
A death claim consists of the losses after the date of death with a presumed non-economic loss of $250,000 plus $100,000 for the surviving spouse and for each additional dependent. There will be an additional award for the pain and suffering from the date of injury to the date of death.
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