9/11 Workers Still Fighting for Compensation

New York Attorney

As we approach the seventh anniversary of the September 11^th tragedy, it is disheartening to learn that the majority of the men and women waiting for compensation from the federal insurance fund have yet to see a penny. In 2003 the World Trade Center Captive Insurance Company was funded for $1 billion by the Federal Emergency Management Agency (FEMA). Since then, it has settled just six claims out of nearly 9,400. All the claims were filed by workers who claim they suffer from health problems as a result of jobs they held on 9/11.

Even though the fund was found to be operating as designed, Rep. Jerrold Nadler of New York has said, "Certainly, a firefighter, police officer or laborer who removed debris from the site, and who now suffers adverse health effects, such as respiratory impairment or cancer, deserves to be compensated for lost wages and other related expenses. It is outrageous that millions of dollars in federal funds are being used to automatically dispute every single claim."

History of the 9/11 Insurance Fund

The Captive insurance fund was born of the unique nature of the September 11 disaster. The immense scale of the disaster and the immediate response that was required – which left little or no time for workers to negotiate contracts or seek appropriate insurance – meant something had to be done to help those who had sacrificed so much. For “normal” disasters, insurance coverage must be negotiated before debris removal is performed, and coverage is typically reimbursed by FEMA’s public assistance program. Again, the scope and response time required of this disaster made it next to impossible for the city and contract workers to secure commercial insurance.

By 2003, New York City finally received agreement fro the Bush administration to cover the gap in insurance, and FEMA funded Captive with $1 billion. Now workers would be able to apply to the insurance fund for compensation they deserve after being injured while working at the World Trade Center site.

Most workers’ claims still outstanding

So far more nearly 9,400 workers have filed suit against the city, but Captive has paid out only six of those claims, for a total of $320,936. These six claims were for plaintiffs with broken bones and cuts. Claims that resulted from issues like respiratory problems, gastrointestinal illness or cancer are still undergoing litigation. Part of the problem is proving a link between certain health ailments and the events of 9/11, and medical researchers admit it may be decades until they fully understand the impact.

In the meantime, injured workers who bravely sacrificed their time and health to aid the city in the historic cleanup of the WTC site are waiting in limbo for the compensation they are due. Part of the challenge is that a NY district court ruled that each case must be decided on individually through a process of discovery and perhaps even trial – a ruling that has meant the claims process will take even longer. And this kind of work isn’t cheap. Captive has so far spent over $100 million in legal fees, which makes the mere $320 thousand paid to injured workers seem like an insult.

There is a bill before Congress called the 9/11 Health and Compensation Act, which aims to provide medical monitoring, treatment and compensation to individuals harmed by the toxic mess resulting from the WTC attacks. We hope that lawmakers are successful in speeding up payments due to injured 9/11 workers, who deserve so much more than they’ve received so far.

If you have a New York workers’ compensation claim that you’d like help with, please contact the law offices of Markhoff & Mittman. Our attorneys can help you receive the assistance that you need.

Markhoff & Mittman, P.C.

14 Mamaroneck Avenue

Suite 400

White Plains, NY 10601

Toll Free: (866) 205-2415

Phone: (914) 946-1452

Fax: (914) 946-0810