Personal Injury Law

Understanding Zadroga Act Claims

By LaBovick Law

Understanding the Zadroga Act

Studies related to the after effects of the 9/11 World Trade Center explosions continue to detail the catastrophic environmental and human consequences. It is estimated that over a million tons of toxic dust created a 16 acre debris field filled with asbestos, Freon, glass fibers, sulfuric acid and numerous other known carcinogens.

The density and composition of the ultra-fine particulate matter exposed improperly equipped victims and first responders to a variety of harmful substances. The natural defense systems in the lungs were ineffective in filtering out the dust, allowing the deadly particles to become deeply embedded in lung tissue. The result has been the development of debilitating lung, heart and blood diseases among those directly involved in the tragedy.

Compensation for Victims

In response to the growing recognition of the incapacitating injuries suffered by those at Ground Zero, Congress passed the Zadroga Act to provide monetary compensation to the victims of the tragedy. Named in honor of James Zadroga who died from toxic exposure at the WTC, the law was signed by President Obama in January of 2011 and establishes a 2.5 billion dollar victim's relief fund.

It is estimated that nearly 20,000 people who worked at Ground Zero may develop some form of chronic lung disease. This includes police officers, paramedics, firefighters, laborers and volunteers who dug through the rubble searching for survivors.

Statements by the former head of the EPA relating to the purported safety of the air and water immediately following the attacks resulted in residents returning to unsafe homes and workplaces. Many believe the government was negligent in failing to issue proper warnings for area residents and workers, and therefore bears responsibility to provide reasonable compensation for the resulting chronic conditions.

Filing Zadroga Act Claims

Zadroga Act Claims can provide financial relief for those people who have suffered medical ailments as a result of the 9/11 event and the subsequent clean up. There is a very specific list of diseases and conditions that qualify under the Act including asthma, chronic respiratory disorders, chronic obstructive pulmonary disease and chronic rhinosinusitus. Many mental health afflictions such as depression, panic disorder and post traumatic stress disorder are also eligible for recompense.

Those that have previously received payment from the Victims Compensation Fund or through other mechanisms such as life and health insurance are also entitled to file Zadroga Act Claims. Any amount previously received will be deducted from future disbursements.

While nearly everyone agrees that 9/11 victims deserve restitution for their disease and disability under the principles of corrective justice, filing Zadroga Act Claims can be a complex and daunting undertaking. Petitioners must establish that the ailment was a direct result of their presence and exposure to WTC contaminants. Federal administrators have not yet established whether other conditions such as cancer will qualify for financial relief. Deficits resulting from diseases and disabilities that are not on the specific list in the Zadroga Act are even more challenging to prove.

Those who are interested in learning more about the James Zadroga 9/11 Health Compensation Act are encouraged to seek the services of a qualified attorney who is well versed in Zadroga Act Claims.
 

Full post as published by LaBovick Injury Law Blog on February 25, 2011 (boomark / email).