Why You Should Document Your Proof of Presence
In 2010, the James Zadroga Act created the World Trade Center Health Program (WTCHP) and the Victim Compensation Fund (VCF) which provided medical care and compensation to individuals who were exposed to the toxic dust resulting from 9/11. This Act was reauthorized in 2015 and in August 2019, the “Never Forget the Heroes: James Zadroga, Ray Pfeiffer and Luis Alvarez” permanently authorized the VCF for the next 70 years. While it is common knowledge that first responders were covered for their illnesses resulting from exposure to 9/11, many who lived, worked or attended schools in the exposure area were and are still unaware that they too were entitled to the same healthcare benefits and compensation. This fact was not highly publicized by the news media.
If you were working at BMCC on 9/11/2001 to May 31, 2002, you were exposed to the same toxic dust as the first responders. Twenty years later, more people have died since 9/11 than those who died on 9/11. There are 68 approved cancers that have been approved by the WTCHP as presumed to be caused by exposure to 9/11 toxic dust. If you can prove your presence in the exposure area during the exposure period above, and you develop one of the approved illnesses, you are entitled to all the benefits provided by the new legislation. You do not have to prove that your illness was caused by 9/11.
The importance of documenting your proof of presence in the exposure area cannot be overemphasized. In order to access the benefits available to you, you must be able to provide two affidavits from individuals who can attest to your presence in the exposure area. With the passage of time, it will become increasingly difficult to find your witnesses and to get these affidavits in the future. Even if you are not currently ill, you must collect your affidavits now and register with the VCF to protect your right to file a future claim. Your affidavits must be properly prepared so that they will stand up to future VCF scrutiny; otherwise, you risk denial of your future claim. Although, it is optional, a self-attestation should also be completed to document what you experience during the exposure period.
The normal deadline for filing a claim with the VCF is 2 years from the certification of an illness by the WTCHP or two years after the death of a loved one. With the permanent reauthorization of the VCF in 2019, the Special Master of VCF opened a two-year window which allows previously time barred claims (claims which were not filed within the time limit) to be submitted. This extension, however, expires on July 29, 2021.
