9/11 Health And Compensation Reauthorization Act Statute Of Limitation Increased
Parker Waichman announces that those who were sickened as a result of the September 11th terrorist attacks in Manhattan may now have extended legal rights for related illnesses.
Port Washington, US – September 12, 2016 /PressCable/ —
Parker Waichman LLP, a national law firm that has spent many years fighting to ensure that individuals injured during and following the 9/11 terrorist attacks are never forgotten, notes that the Victims Compensation Fund (VCF) just issued guidance, as the nation remembers the 15th anniversary of the attacks, regarding statutes of limitation (SOL).
The firm has long advocated that the VCF should not deny benefits to claimants on appeal based on SOLs. Now, the VCF has agreed to review the SOLs on older cases using either the certification date issued by the World Trade Center Health Program, a state workers’ compensation board or by a government employer, such as the Fire Department of New York (FDNY), New York Police Department (NYPD), or the New York City Employee Retirement System (NYCERS), for purposes of awarding a disability pension concerning illnesses attributed to exposure during and following the 9/11 attacks. The firm notes that, currently, while the change does not cover all individuals with a true “discovery rule” the change does capture more than 90 percent of the clients.
“The firm is thrilled with the change. Parker Waichman has long fought for this and has taken on many SOL cases that other law firms would not consider,” said Keith Gitman, Managing Attorney at Parker Waichman LLP.
The change means that, if an individual received a prior cancer diagnosis and was not certified until this year, that person’s SOL becomes effective with certification. What’s more is that a new certified injury reopens the SOLs for all old certifications. In other words, if an individual lost an SOL for one disease, but are certified for another, both diseases are now “live.”
Individuals must register with the VCF by the appropriate deadline based on injury, disease, or disorder, which may be found on the VCF website. This enables those impacted to “preserve your right to file a claim with the VCF in the future, but not beyond December 18, 2020,” notes the VCF.
The original Zadroga Act passed just prior to year-end 2010. While the 2010 Act was not everything that Ground Zero residents, workers, and other survivors had hoped for, the passage was seen as a victory and was believed to be the start of more measures to permanently extend benefits. Sadly, Congress allowed one of the two programs to expire in late 2015; specifically, the program that provides medical treatment to survivors: The World Trade Center (WTC) Health Program. The program was running on cash reserves until benefits ended entirely, while the second program—the September 11th Victim Compensation Fund (VCF)—was scheduled to expire in October 2016 if Congress did not take action. With, at that time, more than 33,000 sick responders dependent on the program for medical treatment, another 70,000 being monitored, and sick current and former residents and workers living in every state and in 433 of the 435 Congressional districts, immediate action was needed.
The James Zadroga 9/11 Health and Compensation Act is named after a deceased New York Police Department (NYPD) detective who worked at Ground Zero. In the years following the attacks, researchers determined that the thick plume of dust and debris that followed the collapse of the World Trade Center towers contained a toxic mix of compounds including asbestos, lead, pulverized cement, jet fuel, and other chemicals, according to Parker Waichman. Many area residents and workers were exposed to these toxins and have since been diagnosed with various illnesses, including asthma, obstructive pulmonary disease, gastroesophageal reflux disease (GERD), and over 50 types of cancer. Tragically, many have succumbed to their illnesses in the years since the attacks. In fact, by year-end 2015, at least 4,166 cancer diagnoses have been linked to exposure to the toxic cloud that hovered over Manhattan; the number of cases is expected to increase.
Parker Waichman emphasizes the importance of the VCF and the WTC Health Program, which were both created and reauthorized by the Zadroga Act in 2015, and is proud to have fought alongside Ground Zero residents, workers, first responders, and other survivors and advocates, to help ensure passage of Zadroga Act amendments. The firm vows to continue its efforts to safeguard all those who were exposed by Ground Zero’s toxic cloud and ensure that all of the deserved Zadroga Act compensation is received. To determine eligibility for compensation under the Act, especially with the new SOL changes, or for assistance with a claim, please visit the Parker Waichman’s website or call 1-800-LAW-INFO (1-800-529-4636).
For more information, please visit http://www.yourlawyer.com/long-island
Contact Info:
Name: Parker Waichman
Organization: Parker Waichman LLP
Address: 6 Harbor Park Drive Port Washington, NY 11050
Phone: 516-466-6500
Release ID: 132368