Navigating the 9/11 Victim Compensation Fund Zadroga Act | Parker Waichman LLP

An In-Depth Exploration Of The Disparities Between The World Trade Center Health Program And The September 11 Victim Compensation Fund And How A New Law Aims To Equalize Support For All Affected.

According to Fortune.com, unclaimed 9/11 compensation amounting to billions is now the focus of a new law. This legislation (9/11 Victim Compensation Fund Zadroga Act) will require major banks such as JPMorgan and Goldman Sachs to notify survivors who were in close proximity to Ground Zero during the attacks.

On the evening of September 10, 2015, right before the anniversary of the World Trade Center’s terrorist attacks, Ken Muller suffered a collapse as he was managing a data center for an investment firm in Connecticut, diagnosed with kidney cancer. His brother-in-law, a police officer who had worked at the site of the tragedy clearing rubble, remembered Ken as a 9/11 “civilian” and a Goldman Sachs worker. Ken was nearby Ground Zero when the hijacked planes crashed into the Twin Towers.

“After the surgery, one of the earliest memories is my brother-in-law giving me paperwork,” Muller recounts. “He told me, ‘You need to apply for these 9/11 health and compensation plans.’”

Ken Muller’s left kidney and a massive tumor surrounding it were removed, followed by 54 weeks of chemotherapy treatment. The treatments left him unfit to return to his job. However, a significant monetary award for his agony and a guarantee for covering medical expenses not paid by his usual insurance gave him financial stability and access to top-quality medical care, leading to a current diagnosis of being “cancer-free.” “I’ll be here to watch my granddaughters grow into young women,” Muller says.

A new form of the groundbreaking “9/11 Notice Act,” recently passed without opposition by New York’s State legislature. For the first time, it requires financial institutions to take the lead in securing justice for 9/11 survivors. Prominent financial firms like JPMorgan Chase, Citigroup, Goldman Sachs, Bank of America, and Amex, who were major employers in the Ground Zero vicinity on September 11, 2001, will soon join the effort.

Yet, it’s no small feat to reach out to those affected by 9/11-linked diseases. Muller observes, “The connection isn’t always made. It’s been 22 years. Illnesses manifest years after, and they aren’t always attributed to 9/11. Sometimes individuals believe their health problems stem from other factors. The advertising for 9/11 survivors on streaming services might go unnoticed, or the local media campaign might not reach those who have relocated.” Many, he adds, may even “feel guilty” about enrolling, wrongly assuming they would be diverting funds from heroic first responders who became ill or disabled.

Employers Will Begin Leading The Information Campaign For 9/11 Survivors (9/11 Victim Compensation Fund Zadroga Act)

Approved on June 19, the 9/11 Notice Act is en route to Governor Kathy Hochul’s office, where it’s expected to be signed into law. The legislation will obligate employers who were active near Ground Zero during and after the disaster—including major banks and brokers—to reach out to all living past and present employees. They must explain the potential exposure to harmful toxins from the fiery blast and inform them of their potential entitlement to free medical care and financial compensation. Despite billions being available in aid for these “survivors,” applications have been relatively rare compared to those from first responders.

Is the reason for this that they are suffering fewer illnesses than firefighters and police? Or are they lacking the information and assistance that individuals like Muller could provide, and that, if disseminated by influential institutions, could lure many more to these programs? This new campaign, led primarily by Wall Street, hopes to shed light on these lingering questions.

The Notice Act also applies to big businesses like top financial firms, as well as active law firms, restaurant chains, schools, foundations, city agencies in lower Manhattan and Western Brooklyn, or any other vendors.

If a current company acquired a business that was in the area on 9/11, they must notify all eligible employees from that business, whether they remain employed or not. Some businesses that no longer exist, like Lehman Bros., won’t send notifications.