MEDIA EXCERPTS
Compensation Through Legislation for 9/11 Responders and Victims: An Analysis of Zadroga June 1, 2011 | Paul Napoli, Esq. and Brian Crosby, Esq. (the Napoli firm) | Westlaw Journal*
Zadroga, the only recourse available to the thousands of injured rescue, recovery and debris-removal workers and volunteers was through costly and lengthy litigation. Zadroga now allows for an alternate route to litigation: compensation through legislation. While not to be discussed here, another momentous perk to Zadroga is health benefits under the World Trade Center Health Program. The aim here is to summarize and highlight certain important aspects of the VCF as This type of federal no-fault compensation fund legislation is historic but not un-precedented. Zadroga follows in the foot-steps of other notable acts such as the Price-Anderson Nuclear Industries Indemnity Act, the Joseph Zadroga speaks at a news conference Nov. 29, 2010, calling
National Vaccine Injury Compensation Program and the
for the passage of the bill named after his son, James Zadroga,
War Hazards Compensation Act of 1942.
O
Zadroga’s Title II reopens the VCF. Title II does not N JAN. 2, 2011, President Obama signed into
replace the original VCF; rather, it amends and sup-
law the James Zadroga 9/11 Health and Com-
plements certain provisions of Title IV of the orig-
pensation Act of 2010, P.L. 111-347, providing a
inal VCF. Section 403 of the original VCF provides
long-awaited victory for responders, victims, survivors,
the still-applicable purpose of the VCF: “to provide
workers and other individuals affected by the collapse
compensation to any individual (or relatives of a de-
of the World Trade Center towers in the Sept. 11 terror-
ceased individual) who was physically injured or killed
ist attacks. With the enactment of Zadroga, the Sept. 11
as a result of the terrorist-related aircraft crashes of
Victim Compensation Fund of 2001 will reopen. Title IV
Sept. 11, 2001.”
of P.L. 107-42, enacted shortly after the 2001 terrorist
This simply stated purpose, however, becomes
attacks, established the “original” Sept. 11 Victim Com-
more complex in light of the provisions concerning
pensation Fund of 2001. That VCF, however, was closed
eligible “individuals” under the VCF and other require-
to new claims by statutory mandate Dec. 22, 2003.
ments. Section 405(c) discusses eligibility for compen-
Subsequently, and prior to the recent enactment of
sation in general.
(212) 397-1000 | NAPOLILAW.COM 360 LEXINGTON AVENUE, 11TH FLOOR, NEW YORK, NEW YORK 10017
Photography REUTERS/Larry Downing; *Westlaw Journal (formerly Andrews Litigation Reporter)
amended under the newly enacted Zadroga.
