Personal Injury Law

Ground Zero Plaintiffs Could Get Larger Injury Settlement

By Michael

In the aftermath of the 2001 terrorist attack on the World Trade Center, thousands of firefighters, police officers, and construction workers heroically converged on the scene. Injuries suffered by these workers in the ensuing rescue effort led to a lengthy legal fight that may finally be over.

Under a revised settlement this week, injured workers could receive a total of up to $712.5 million in compensation, up from $657 million in a prior personal injury settlement, according to the Wall Street Journal.

As a result of the enormous amount of dust and debris on the site, many of the rescue workers suffered personal injuries, including debilitating respiratory illnesses. About 10,000 plaintiffs have made claims seeking relief for on-the-job injuries stemming from the World Trade Center rescue efforts.

While other victims of the attacks received some relief from a federal compensation fund, many of the rescue workers failed to benefit from this fund. One reason for this funding gap is that many of their health problems weren?t diagnosed until after 2003, when the federal fund was closed.

Under the new agreement, injured workers will receive payments based on the severity of their injuries.

According to the Wall Street Journal, a nonsmoker who contracted a debilitating respiratory illness within seven months of exposure at Ground Zero could receive up to $1.05 million. In addition, workers who did not suffer an injury but have a valid legal claim due to their fear of becoming sick, could receive $3,250.

Reports indicate that Kenneth Feinberg, who led the original September 11th Victim Compensation Fund, will hear appeals from rescue workers who disagree with their allotted compensation.

Part of Feinberg?s task will be to rally rescue workers to agree to join the settlement. At least 95 percent of the workers must agree to the new deal for payments to be made.

As part of the new deal, the WTC Captive Insurance Co. will add at least $50 million to the rescue workers? fund. This unique nonprofit insurer was created with a $1 billion grant from the Federal Emergency Management Agency in the wake of the September 11th attacks. The fund insures personal injury lawsuits by city workers.

Interested parties seemed pleased with the new settlement. The president of WTC Captive, Christine LaSala, claimed that the deal ?gives the plaintiffs immediate, fair, and reasonable compensation.? Further, Paul Napoli, whose firm represents a vast majority of the plaintiffs, said the new agreement is ?bigger and better.?

With regard to the new compensation package, U.S. District Judge Alvin Hellerstein set a fairness hearing for June 23 to allow interested parties to comment on the settlement. Plaintiffs will have until late September to decide whether they wish to agree to the settlement.

Full post as published by The Injury Blog on June 15, 2010 (boomark / email).