Hansen & Rosasco, LLP

Kidney cancer is one of the more common concerns within the 9/11 community. The World Trade Center Health Program (WTCHP) plays a crucial role in providing both treatment and support to 9/11 victims coping with kidney cancer. The related September 11th Victim Compensation Fund provides financial relief to sufferers of kidney cancer, with pain and suffering awards of up to $250,000 plus lost earnings and other available compensation. 

Multiple myeloma has emerged as one of the most common 9/11-related blood cancer diagnoses for people exposed to toxic dust and fumes after the 9/11 attacks. The World Trade Center Health Program (WTCHP) recognizes multiple myeloma as a 9/11-related condition with over 700 cases as of the end of 2023. This prevalence highlights the importance of frequent health monitoring for 9/11 first responders and survivors, including individuals who lived, worked, went to school, or were otherwise present in the area in the months following the attack.

The 9/11 Notice Act represents a significant development in the ongoing efforts to inform and educate downtown Manhattan office and other civilian workers that they are eligible for lifetime healthcare from the World Trade Center Health Program and also a tax-free award from the September 11th Victim Compensation Fund. The Notice Act is to ensure that forgotten victims – such as office workers, finance professionals, building service workers, teachers/staff, retail workers, hospitality workers, delivery people, and all other workers – are made aware of the substantial available benefits. 

March is Colorectal Cancer Awareness Month reminding us of the importance of screening for colorectal cancer. Screening is important to detect any signs of both colon and rectal cancer, and when detected at an early stage, treatment is most likely to be successful. For anyone who lived or worked in lower Manhattan on 9/11 or through 2002, awareness of colorectal cancer is particularly essential due to the established links between the toxic exposure to dust and debris at Ground Zero and an increased risk of developing such cancers.

Anyone who lived, worked, or went to the school in the area in the months after the attacks may be at an increased risk of developing 9/11-related conditions, including liver cancer. With over 35,000 survivors and responders certified by the World Trade Center Health Program (WTCHP) for various types of cancer, it's clear that ongoing support is essential for 9/11 victims and their families coping with liver cancer. This support is provided in the form of medical monitoring and treatment through the WTCHP, and financial compensation through the September 11th Victim Compensation Fund (VCF). 

Cancer is one of the most common of these health risks for anyone who lived, worked, or went to school in lower Manhattan (south of Canal Street) between 9/11 and May 30, 2002. Over 35,000 cancer cases have been certified by the WTC Health Program to date, including 68 types of cancer such as skin cancer, prostate cancer, breast cancer, lung cancer, liver cancer, and colon cancer. Many of the cancers related to 9/11 have long latency periods (the time from exposure to a toxin until the time a cancer or other condition develops) and may not show up for many years after exposure to toxic pollutants. This makes continued 9/11 cancer screenings an essential practice for 9/11 victims to ensure early detection and timely treatment.

On September 11, 2001, in addition to the destruction wreaked in Manhattan, the Pentagon was a target of the terrorist attacks, profoundly affecting its workforce. Employees present at the Pentagon during this critical time may be eligible for financial compensation through the September 11th Victim Compensation Fund (VCF). According to the most recent annual report, the VCF has paid over 10 billion dollars in awards since its creation. 

In addition to federal 9/11 Victim Compensation Fund (VCF) benefits, 9/11 victims may also be entitled to 9/11 New York State Workers’ Compensation Board benefits. However, it is important to note that any workers’ compensation benefits received by a 9/11 victim are a “collateral offset'' to any compensation from the VCF. Therefore, 9/11 victims who pursue both types of benefits may not receive more actual “net” compensation at the end of the day.

Pursuit of New York Workers’ Compensation Board 9/11 benefits (especially by “Section 32 Settlement Agreements”) may also impact a 9/11 victims' rights to free lifetime health benefits from the World Trade Center Health Program. 

Prior to pursuing both 9/11 VCF benefits and New York State Workers’ Compensation benefits at the same time, you should speak to an experienced 9/11 Victim Lawyer to discuss any coordination of benefits

The enactment of the 9/11 NOTICE Act has ushered in a new era of responsibility for businesses in Lower Manhattan, particularly those below Canal Street – the areas polluted by the fallout from the 9/11 attacks. This Act aims to ensure that all potential 9/11 victims are informed of the benefits and compensation available to them. If you receive a notice from your employer under the Notice Act, it is important to not only know what benefits are available but also why you should act now even if you are not sick. 

Published in Newsweek on February 16, 2024