9/11 Victim Blog

Monthly Archives: December 2010

How much can an attorney or law firm charge me to represent me in a Zadroga 9/11 Compensation claim?

December 30, 2010

By on How much can an attorney charge to represent me in a Zadroga 9/11 Compensation claim?

Essentially, lawyers’ fees in Zadroga Act claims are capped at 10% of the compensation recovered on behalf of the client. This is fair, and also different than the 25% fees (previously 33 1/3% fees before lowered by Judge Hellerstein) which are being charged in the present 9/11 litigation against New York City and the Port Authority, etc. The actual statute states as follows: ‘(e) Attorney Fees- ‘(1) IN GENERAL- Notwithstanding any contract, the representative of an individual may not charge, for services rendered in connection with the claim of an individual under this title, more than 10 percent of an… READ ARTICLE

What Medical Benefits and Monitoring are provided to WTC Survivors and Responders under the Zadroga Act?

December 30, 2010

By on What medical benefits and monitoring are provided?

The Zadroga Act statute goes into great detail on what medical benefits are provided to whom and where. However, the following text from the final bill gives a general overview of the World Trade Center Health Program and the medical benefits available: SEC. 3301. ESTABLISHMENT OF WORLD TRADE CENTER HEALTH PROGRAM. ‘(a) In General- There is hereby established within the Department of Health and Human Services a program to be known as the World Trade Center Health Program, which shall be administered by the WTC Program Administrator, to provide beginning on July 1, 2011– ‘(1) medical monitoring and treatment benefits… READ ARTICLE

Can I file a Zadroga compensation claim if I was part of the recent 9/11 lawsuit against New York City, the Port Authority and others?

December 30, 2010

By on Can I file a claim if I was part of the recent 9/11 lawsuit?

Yes. However, there are significant limitations for those who have either “pending” or “settled” civil action. These limitations, and potential strategies to maximize any recovery under the Zadroga Act, should be discussed with an attorney. The limitations in the statute are detailed below: (f) Limitations on Civil Actions- (1) APPLICATION TO DAMAGES RELATED TO DEBRIS REMOVAL- Clause (i) of section 405(c)(3)(C) of such Act, as redesignated by subsection (c), is amended by inserting `, or for damages arising from or related to debris removal’ after `September 11, 2001′. (2) PENDING ACTIONS- Clause (ii) of such section, as so redesignated, is… READ ARTICLE

Who is considered a “WTC Responder” under the Zadroga 9/11 Act?

December 30, 2010

By on Who is considered a "WTC Responder" under the Zadroga 9/11 Act?

Again, this is complicated, but you should read the detailed actual statutory language below. You should consult an attorney if you have questions on whether you are eligible as a “WTC Responder” under the Zadroga 9/11 Act. SEC. 3311. IDENTIFICATION OF WTC RESPONDERS AND PROVISION OF WTC-RELATED MONITORING SERVICES. `(a) WTC Responder Defined- `(1) IN GENERAL- For purposes of this title, the term `WTC responder’ means any of the following individuals, subject to paragraph (4): `(A) CURRENTLY IDENTIFIED RESPONDER- An individual who has been identified as eligible for monitoring under the arrangements as in effect on the date of the… READ ARTICLE

Who is considered an eligible “Survivor” under the Zadroga 9/11 Act?

December 30, 2010

By on Who is considered an eligible "Survivor" under the Zadroga 9/11 Act?

This question is complicated, and for now, the best thing for any WTC victim or First Responder to do is read part of the actual Zadroga statute below, and then call an attorney with any questions: `SEC. 3321. IDENTIFICATION AND INITIAL HEALTH EVALUATION OF SCREENING-ELIGIBLE AND CERTIFIED-ELIGIBLE WTC SURVIVORS. `(a) Identification of Screening-Eligible WTC Survivors and Certified-Eligible WTC Survivors- `(1) SCREENING-ELIGIBLE WTC SURVIVORS- `(A) DEFINITION- In this title, the term `screening-eligible WTC survivor’ means, subject to subparagraph (C) and paragraph (3), an individual who is described in any of the following clauses: `(i) CURRENTLY IDENTIFIED SURVIVOR- An individual, including a… READ ARTICLE

Who is is eligible for compensation and health benefits under the new James E. Zadroga 9/11 Health and Compensation Act of 2010 (“Zadroga Act”) ?

December 30, 2010

By on Who is eligible for compensation and health benefits?

Unlike the recent litigation against New York City which focused on “First Responders”, the Zadroga Act re-opens the original 9/11 Victims’ Compensation Fund of 2001. This means that both “Survivors” (who were not considered “First Responders”) and “WTC Responders” will be eligible for compensation under Zadroga.