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VCF Compensation: What the September 11th Victim Compensation Fund Pays
Key Takeaways
The September 11th Victim Compensation Fund compensates eligible claimants for three types of loss: non-economic loss (pain and suffering), lost earnings, and past out-of-pocket medical expenses. The fund pays only for physical conditions certified by the WTC Health Program. Non-economic loss includes a presumed amount based on the severity and number of certified conditions. Lost earnings compensation applies to claimants who are disabled and unable to work as a result of a certified condition. Awards are reduced by certain collateral sources including workers compensation and disability benefits. There is no cap on individual awards. Attorney fees are capped by law.
The VCF compensates for physical conditions only. Mental health conditions, future medical expenses, and conditions not eligible for certification by the WTC Health Program are not compensable.
What the VCF Compensates
Non-Economic Loss (Pain and Suffering)
Compensation for the physical and emotional impact of a certified condition on the claimant's life. The VCF Act defines non-economic loss as losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, hedonic damages, injury to reputation, and all other non-pecuniary losses. Non-economic loss is based on the severity of the condition and its effect on activities of daily living.
Personal Injury Caps
- Maximum $250,000 for any one cancer condition
- Maximum $90,000 for any one non-cancer condition
- If the victim has more than one cancer, the Special Master may award above $250,000
- If the victim has cancer and severe non-cancer conditions, the Special Master may also award above $250,000
- Legal maximum the Special Master can award is $340,000 for multiple severe certified conditions
- Amount is not increased simply by having more conditions — a single severe condition may result in a higher award than multiple mild conditions
Wrongful Death Presumed Amounts
- $250,000 for the decedent
- $100,000 on account of the spouse
- $100,000 on account of each dependent
- Non-economic loss for a deceased claim includes both the personal injury portion (pain and suffering while alive) and the wrongful death portion (the family's loss), calculated separately
- A deceased claim non-economic award will generally exceed a personal injury award for the same conditions
Lost Earnings and Benefits
Compensation for earnings and employment benefits lost as a result of a certified condition causing occupational disability. Requires demonstration of occupational disability, generally established through a determination by the Social Security Administration, Workers Compensation, FDNY, NYPD, or NYCERS. Past lost earnings and future lost earnings from the date of filing may both be compensable.
Replacement Services Loss
Compensation for the loss of household services the claimant previously performed but can no longer perform due to a certified condition. Three pathways apply, each with its own calculation method.
Pathway 1 — Standard Household Services
- Applies when the certified condition permanently interferes with the ability to perform household services
- Award calculated using VCF tables based on the claimant's age and number and age of dependent children
- Available for both personal injury and deceased claims
Pathway 2 — Household Member with Special Needs
- Applies when the claimant was the primary caregiver for a household member with a severe physical or mental health condition requiring help with daily activities
- The VCF awards $150,000 per qualifying special needs household member
- Requires extensive documentation of the household member's severe special needs — an IEP alone is not sufficient
Pathway 3 — Basic Activities of Daily Living (ADL) Exception
- Applies when the certified condition interferes with the claimant's ability to perform basic activities of daily living such as eating and bathing
- Requires medical records demonstrating the inability to perform basic ADLs
Past Out-of-Pocket Medical Expenses
Compensation for qualifying past medical expenses paid out of pocket in connection with a certified condition. The VCF will only review if the total amount exceeds $5,000. Expenses reimbursed by insurance, the WTC Health Program, or other sources cannot be claimed. The VCF requires extensive documentation of the medical service and proof of payment, and it can only be submitted for review on Personal Injury claims after the initial claim for pain and suffering has been determined.
Burial and Memorial Service Expenses
Deceased claims onlyDeceased claims only. Documented out-of-pocket burial or memorial service expenses for victims who died as a result of an eligible 9/11-related physical condition. Calculated case by case based on documentation submitted by the Personal Representative. Expenses covered by life insurance or another source cannot be claimed. Must be submitted with the initial claim.
What Reduces the Award
VCF awards are reduced by collateral source payments — benefits the claimant received from other sources for the same losses. The most significant offsets are:
- Workers compensation payments and settlements
- Disability benefits from government programs
- Social Security disability or retirement benefits received as a result of the certified condition
- Death benefits, life insurance proceeds, and Social Security survivor benefits (for wrongful death claims)
Collateral source offsets are calculated separately for each loss category. Workers compensation and disability benefits generally offset lost earnings. Life insurance and death benefits offset wrongful death non-economic loss.
Wrongful Death Claims
A Personal Representative appointed by a court may file a wrongful death claim on behalf of someone who died from a 9/11-related physical condition. Wrongful death compensation includes non-economic loss for the victim and presumed amounts for the spouse and each dependent. Wrongful death awards are subject to offsets for death benefits, life insurance proceeds payable to beneficiaries, and Social Security survivor benefits. Past out-of-pocket medical expenses incurred before death and past and future lost earnings may also be included.
How Payment Works
Payment structure
VCF awards are paid as a lump sum following acceptance of the award by the claimant or Personal Representative. There is no installment payment option.
Taxation
Payment is not taxable as income for federal income tax purposes. Consult a qualified accountant regarding state-level tax treatment.
Attorney fees
Attorney fees for VCF representation are capped by the Zadroga Act at 10% of the amount recovered in the claim.
Registration and Filing Deadlines
Filing a VCF claim requires two steps: registration and claim submission. Registration must be completed by the claimant's individual deadline, which is generally two years from the date the WTC Health Program first certified a condition. Missing the registration deadline may forfeit the right to file. The claim submission deadline is October 1, 2090.
Full deadline framework →The compensation available to you depends on your certified conditions, your work history, and the specific losses you have experienced. No public resource can tell you what your claim is worth. A case review with an attorney experienced in VCF claims can.
Common Questions
Every award is calculated individually based on your certified conditions, their severity, your documented disability, and your earnings history. The VCF publishes a non-economic loss chart and general award information at vcf.gov. Individual outcomes vary. An attorney experienced in VCF claims can provide a more specific assessment based on your circumstances.
No. Filing or receiving a VCF award does not affect WTC Health Program enrollment or coverage.
Yes. If the WTC Health Program certifies a new condition after you file, you can amend your claim to include it. New certifications for physical health conditions generally trigger a new two-year registration window if a previous registration deadline was missed.
VCF compensation is excluded from federal gross income under the Victims of Terrorism Tax Relief Act. It is recommended to speak with a qualified accountant for taxation information at the state level.
Filing a VCF claim requires dismissing or waiving certain civil lawsuits related to your 9/11-related conditions before varying deadlines. Lawsuits against terrorists or their supporters, including those filed under the Justice Against Sponsors of Terrorism Act, and lawsuits to recover collateral source obligations such as insurance proceeds or workers compensation awards, are not prohibited. Whether any pending litigation affects your ability to file should be assessed by an attorney before you file your claim. Registration should be completed as soon as possible to preserve the filing right.
June 2026 · Based on VCF Policies & Procedures effective March 19, 2026
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