#9/11 responders who die of COVID-19 may still be eligible for victim compensation fund

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FDNY Firefighter Rob Serra at the 911 Memorial Glade opening.
William Farrington

World Trade Center first responders and their advocates on Thursday cheered a new directive that allows for the families of people who have 9/11-related illnesses — but die of COVID-19 — to still reap the benefits of the federal Sept. 11 victim compensation fund.

“This is something that is particularly of concern to our 9/11 first responders and survivors,” lawyer Nick Papain, whose firm represents more than 3,000 New Yorkers with 9/11-related illnesses, said at a press conference just a day before the 19th anniversary of the Sept. 11, 2001 terror attacks.

“Not only are they suffering from an illness — cancer, a digestive illness, a respiratory illness — that makes them more susceptible to these deadly symptoms of the COVID-19 virus,” said Papain. “But more than half of these 100,000-plus survivors are over the age of 55, which as we all know, is another factor that makes one more susceptible to the deadly consequences of the coronavirus.”

The September 11th Victim Compensation Fund issued the new directive this week in an edict posted online under a “Frequently Asked Questions” portion of its website.

“If an individual with an eligible 9/11-related illness passes away, and the death certificate lists COVID-19 as the cause of death, will this affect the VCF’s evaluation of a wrongful death claim filed on the victim’s behalf?” the question reads.

The answer says that if a 9/11-related physical health condition that is eligible for VCF compensation is listed on a death certificate as the immediate cause of death, underlying cause of death or significant conditions contributing to death “then, generally, the VCF will consider the death to have been caused by the eligible condition and will award wrongful death compensation,” the directive says.

“If the VCF-eligible condition is not listed, then we will need medical evidence that draws the connection for us, and demonstrates how the VCF-eligible condition resulted in the death,” it explains.

Papain called the fund’s directive, “a very affirming statement.”

“What the 9/11 Victim Compensation Fund stated two days ago was that the mere fact that someone dies on the surface, at least from COVID-19, it does not stop the inquiry as to whether or not their 9/11 illness played a significant part in their passing,” said Papain.

Rob Serra, a now-retired 9/11 firefighter who suffers from a host of medical issues including sinus and respiratory, called COVID-19 an “issue” for those worked on the rescue and recovery efforts at Ground Zero.

Serra, speaking via Zoom, said he knew one cop who died of COVID-19 but also had underlying 9/11-related health issues.

City Councilman Robert Cornegy (D-Brooklyn) called the fund’s new directive “incredibly important as we look at the impact of COVID.”

“And while people are shifting all of their focus on this pandemic, we can’t shift away from making sure that we continue to protect those victims and this is one of the ways to protect these victims,” Cornegy said.