VCF Policy Updates: Past and Future Earnings

The September 11th Victim Compensation Fund (VCF) recently updated section 2.2 of its Policies & Procedures, which contains details about economic loss and describes the evidence you must submit for financial losses, eligible expenses, lost earnings and other types of applicable losses.

Two very important subsections are 2.2 ‘B’ and ‘C,’ which respectively describe how to establish past and future earnings.

Sullivan Papain Block McGrath Coffinas & Cannavo P.C. has extensive experience identifying economic losses and can help you present these claims to the VCF under its new guidelines.

Past Earnings

Subsection 2.2B refers to changes in the Fund’s loss of past earnings policies. The section states:

In order to qualify for past lost earnings (i.e., losses incurred before you filed your VCF claim), you must show that you were unable to work, or unable to work at the same level, as a result of an eligible condition and that you incurred losses as a result. You will need to submit two types of information: 

  • First, you need to show that you actually lost compensation. For example, an employer might provide a statement showing your compensation history and time periods where you missed work and were not compensated. If you were compensated fully through sick pay or other compensation, that means you have not “lost” compensation.
  • Second, you need to show that you were unable to work, or unable to work at the same level, because of an eligible physical condition. Examples of such documentation might include a medical report explaining that you had to miss work because of your eligible condition, determinations by an insurance carrier that provided disability coverage and which specify the disabling condition, or Workers’ Compensation records.

Future Earnings and Benefits

Subsection 2.2C refers to changes in the Fund’s future earnings loss policies. The section states:

If you are filing a personal injury claim, in order to qualify for an economic loss award for loss of future earnings/benefits, you must first show that you have a permanent partial or total occupational disability based on an eligible 9/11-related physical injury. In general, the VCF will accept a determination by a governmental agency that you have a disability and will accept the governmental agency’s determination of the cause of the disability. If the governmental agency determines that the cause of disability is a condition that the VCF has found eligible, then the disability determination will provide a basis for a determination of future loss of earnings/benefits. For example, the VCF will accept disability determinations made by the Social Security Administration, the FDNY, the NYPD, NYCERS, the VA, and Workers’ Compensation boards (see the sections below regarding FDNY, NYPD, NYCERS, FERS, and the VA). The VCF may also accept a determination of disability made by a private insurer or a treating physician if they are sufficiently detailed as to the effect of the VCF eligible condition, distinguish those effects from those of ineligible conditions, and provide sufficient information from which the onset and severity of the disabling condition may be determined.

From this point, Subsection ‘C’ explores disabling conditions and documentation regarding future losses. The subsection begins on page 31 and continues to page 34 of the Policies & Procedures. We encourage you to read this entire subsection if you believe you have a qualifying, 9/11-related condition that prevented you from earning future wages.

See Section 2.3 for a detailed explanation of the methodology used to calculate future lost earnings. Forms and Resources can be accessed here. For more information about earnings losses, visit here.

The deadline for filing a VCF claim is December 18, 2020. If you need to discuss your VCF 9/11-related injury, illness or death claims, reach out to us at (800) 962-9954 and via our contact page.

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