VCF Registration Deadlines And Their Impact On Claims For Deceased Victims

In September 2016, the September 11th Victim Compensation Fund (VCF) revised its policy regarding registration deadlines. These changes affect decedents’ claims, whose circumstances can be different from those of 9/11 personal injury victims.

Deceased Victim Claims

Properly appointed personal representatives may submit claims to the VCF on behalf of deceased victims. These claims seek compensation for losses incurred for a death resulting from a 9/11-related physical injury or condition. For these claims, the registration deadline is two years from the date of death. Once registered, you have preserved your right to file a claim with the VCF by December 18, 2020. This registration deadline is different than the one for personal injury claims.

The deadline for these claims does not change based on whether (or when) any “government entity” or individual determined that the cause of death was 9/11-related. A government entity may include the World Trade Center (WTC) Health Program; a state workers’ compensation board; or a government employer such as the FDNY or the NYPD.

A personal representative may continue a personal injury claim already timely filed, or may register and file a new personal injury claim seeking compensation for losses suffered prior to the victim’s death if done within two years of the victim’s registration start date. A personal representative may also file a claim seeking compensation for losses suffered as a result of the death of the victim within two years of the date of the victim’s death, if the death resulted from a 9/11-related physical injury or condition.

A personal representative may not, however, initiate a personal injury claim that would have been untimely if filed by the victim.

If a victim has died due to an injury or condition that is not related to 9/11, the claim is considered a personal injury claim for purposes of the VCF program.

Additional Resources and Frequently Asked Questions

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The VCF has taken these actions because it recognized that 9/11 victims and individuals with certain applicable, physical conditions may not have been aware that those conditions stemmed from 9/11-related exposure. Many 9/11 victims are still grappling with the physical effects of the terrorist attacks and the financial hardships incurred. The deadline for filing a VCF claim is December 18, 2020.

For more eligibility information regarding the VCF, or to discuss your 9/11-related injury, illness or death claims, reach out to Sullivan Papain Block McGrath Coffinas & Cannavo at (800) 962-9954 and via our contact page.

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