What Is the Average Compensation for 9/11 Victims?

If you or someone you love developed a 9/11 related medical issue, compensation for 9/11 victims is available through the 9/11 Victim Compensation Fund. Pitta & Baione LLP serves victims of 9/11 and their families who need to file claims and receive benefits to cover their expenses and alleviate pain and suffering. As every case is different, you must talk to a lawyer to determine how much your case may be worth.

How Is Compensation Calculated for Wrongful Death Claims? 

Similar to personal injury claims, wrongful death compensation is based on a combination of non-economic loss, economic loss, and collateral offsets. However, wrongful death claims differ in that they are brought by the Personal Representative of the deceased and include additional considerations. These may involve burial or memorial expenses, replacement services the victim would have provided (such as childcare or household support), and statutorily defined non-economic loss awards for the deceased and their surviving spouse and dependents.

Non-Economic Loss

The VCF awards a fixed non-economic loss amount of $250,000 for the deceased victim, plus $100,000 for the spouse and $100,000 for each dependent. These awards are not based on how many certified conditions the victim had, but are instead standard amounts set by statute.

Economic Loss

The VCF calculates economic loss by evaluating the income and financial support the deceased would have provided if not for their 9/11-related death. This includes:

• Past and future lost wages
• Lost employer-provided benefits (e.g., health insurance, pension)
• Replacement services — the value of services the victim provided to their household, such as caring for children, cooking, or home maintenance

If the victim was not working at the time of death due to age, disability, or other factors, the economic loss portion may be lower or limited, depending on the circumstances.

Burial or Memorial Expenses

The VCF may reimburse reasonable out-of-pocket burial or memorial expenses. These costs must be supported by documentation such as funeral home invoices or receipts. Only expenses paid by the estate or eligible family members can be claimed.

Collateral Offsets

Collateral offsets reduce the final compensation award and may include:

• Life insurance proceeds
• Pension death benefits
• Social Security survivor benefits
• Settlements from 9/11-related lawsuits

If the deceased previously received a personal injury award from the VCF, that amount will also be deducted from the wrongful death award to prevent double recovery.

Wrongful death claims are often more complex than personal injury claims and require specific documentation, including proof of appointment as Personal Representative, death certificates, and WTCHP certification that the victim’s death was caused or contributed to by a 9/11-related condition. At Pitta & Baione LLP, we handle the entire probate process at no charge for our clients, ensuring that the proper party is appointed to represent the estate. Our attorneys assist with filing, valuation, and ensuring that the award is properly distributed to eligible family members per VCF procedures and applicable state law.

How Much Compensation Has the VCF Awarded to 9/11 Victims So Far?

The VCF has awarded over $12.9 billion to survivors and the family members of victims of 9/11. The time frame to file a claim was extended to allow more survivors the opportunity to file for benefits. 

In 2023 alone, more than $1.8 billion was awarded in compensation. If you are suffering from a 9/11 related illness and have not yet filed a claim, contacting an attorney to help you get started is a good first step to receiving benefits that can help you get back on your feet.

How Long Does It Take to Get Benefits from the VCF?

After condition certification by the WTCHP (typically 6-12 months) and eligibility determination by the VCF (typically 18-24 months), a process that together takes about 2-3 years, most claims are paid out within two months of receipt of your award letter. It can take 20 days from the receipt of your award letter for the Special Master to approve your payment, at which time it is then sent to the Department of Justice and the Treasury Department for processing. Processing time may take up to three weeks. 

How Do You File a Claim with the VCF?

Filing a claim begins when you file online with the VCF website. To file, you will need to submit documentation that you were present at the 9/11 site and that you have suffered an eligible medical condition for which compensation is available. 

After you have filed your claim will be sent for preliminary review, which consists of determining whether the claim was filed properly and includes all necessary documentation. Next, your claim will be sent to an eligibility review to determine whether or not you are eligible to receive compensation based on your 9/11 involvement and your medical condition. 

Once a decision is made, which is the next step, you will receive a letter either approving or denying your claim. If your claim is approved, it will be sent for an initial and complete compensation review, where you will then be sent an award letter and receive compensation. 

If your claim is denied, you may be able to appeal the denial. Our attorneys have helped survivors of 9/11 who have previously received denials file appeals and receive the compensation they deserve. 

How Does the Victim Compensation Fund (VCF) Help 9/11 Victims?

The Victim Compensation Fund (VCF) provides monetary compensation for covered illnesses for victims of 9/11. The VCF was first established immediately after 9/11, but was reopened in 2010 by the Zadroga Act to cover victims who developed respiratory disorders and cancers years later as a result of inhalation of polluted air after the 9/11 attack. 

Eligible survivors can receive compensation for their past expenses, like lost wages, out-of-pocket expenses, and non-economic losses like pain and suffering. They may also receive free healthcare coverage through a separate government program, the World Trade Center Health Program (WTCHP). 

The VCF Formula for Calculating Compensation

The basic calculation for determining an award is to take the non-economic loss (pain and suffering), add the economic loss, and subtract the collateral offsets. Collateral offsets are payments such as disability benefits, life insurance, union benefits, Social Security, Workers’ Compensation, and settlements you may have received from 9/11 related lawsuits. 

Differences Between Economic and Non-Economic Losses

Economic losses and non-economic losses differ. Economic losses are losses that have a monetary amount that is easily calculated. For instance, how much a medical procedure costs or how much money you missed from being out of work due to your 9/11-related illness. Those calculations are unique to each claim, and our attorneys can assist with estimates after all the required information is gathered.

Non-economic losses are based on the severity of the conditions and the negative effect on quality of life. The Zadroga Act places strict limits on non-economic loss awards, setting maximum caps for both cancerous and non-cancerous conditions. 

Importantly, the VCF does not combine or “stack” awards for multiple eligible conditions. Instead, the Fund identifies the single most severe condition – or combination of conditions – that fits within the statutory guidelines and assigns a single award amount based on that severity. As a result, a victim with multiple certified conditions may receive the same award as someone with just one, if the overall impact is determined to be similar. 

Presumptive awards are subject to change, and amounts can vary based on documented medical evidence. For example, aerodigestive conditions with extraordinary pain and suffering, lung transplant treatment, or supplemental oxygen may warrant an increase beyond the standard award. An experienced attorney can help determine the correct amount for a non-economic loss based on current settlement awards and case law surrounding the type of injury you have had. 

Does the World Trade Center Health Program (WTCHP) Help You Get Compensation?

Yes. Certification of your condition(s) by the WTCHP is required to receive compensation from the VCF, in addition to providing optional medical monitoring, treatment, and medication. 

Through this program, which was enacted in 2010, qualifying persons have access to free health services in New York City and across the United States. In addition to the compensation you may receive from the VCF, this program can help support you and ensure you do not have to pay for continued care for your 9/11 related injuries and illnesses. 

What Conditions Are Eligible for 9/11 Benefits?

The conditions in which first responders and survivors of 9/11 were subjected have led to numerous cancers and illnesses. Over 70 types of cancer have been linked to 9/11, most due to inhalation of contaminated air. 

In addition to cancers, other illnesses are eligible for benefits like:

• Aerodigestive disorders
• Mental health conditions
• Musculoskeletal disorders
• Acute traumatic injuries

9/11 victims who are suffering from these disorders should contact an experienced 9/11 compensation attorney to begin the claims filing process. All conditions must be certified by the World Trade Center Health Program (WTCHP) as 9/11-related and meet required latency periods where applicable. 

Talk to the Team at Pitta & Baione LLP for Help

At Pitta & Baione LLP, we aim to help 9/11 survivors take advantage of the VCF program so they can recover their previous costs and receive the compensation they need for both economic and non-economic damages. We work tirelessly to help survivors file claims, appeal denials, and maximize the benefits they receive. For a no-obligation consultation, contact us today.