What Is the Zadroga Act?
The Zadroga Act was signed into law in January 2011, creating a federal fund specifically for people whose health was damaged by exposure to the toxic environment at the World Trade Center site. The law is named after NYPD Officer James Zadroga, one of the first responders to die from a 9/11-related illness.
The Act established two distinct programs:
- The World Trade Center Health Program — provides free medical monitoring and treatment for covered conditions at designated health centers across New York
- The Victim Compensation Fund (VCF) — provides financial compensation for lost wages, pain and suffering, and death benefits for qualifying individuals and their families
The fund covers individuals who were present not only at the World Trade Center site but also at the Pentagon crash site and the United Flight 93 crash site in Shanksville, Pennsylvania on or after September 11, 2001 through the cleanup period ending May 30, 2002.
What Can the Fund Provide?
- Free medical treatment at designated WTC Health Program treatment centers
- Compensation for lost wages, ranging from several thousand to over one million dollars depending on the individual case
- Pain and suffering damages for those unable to work due to their conditions
- Death benefits for surviving family members of those who have passed from a covered condition
Note: Any prior disability pensions, workers’ compensation payments, or Social Security benefits already received will be offset against your final award amount.
The Zadroga Act: Legislative History and Timeline
The road to passing and expanding the Zadroga Act was long and hard-fought. Many of the heroes who responded to 9/11 spent years fighting for recognition that their illnesses were directly caused by their service. Here is how the law evolved.
January 2011 — The Act Is Signed Into Law
The James Zadroga 9/11 Health and Compensation Act was signed with $2.755 billion in initial compensation funds. Coverage at this stage focused primarily on respiratory illnesses. Cancer was not yet included, as officials cited a lack of completed scientific evidence linking cancer to exposure at the time of passage.
July 2011 — Studies Begin Showing Cancer Links
A NIOSH study analyzing medical data from nearly 60,000 Ground Zero workers began producing evidence of elevated cancer rates. Separately, a study of hundreds of different cancers reportedly affecting nearly 16,000 NYC firefighters was also underway. The FealGood Foundation reported that of 847 first responders who filed forms in 2009, 78 had already been diagnosed with cancer.
June 2012 — Landmark Cancer Ruling
Dr. John Howard, director of the National Institute for Occupational Safety and Health (NIOSH), reversed his prior position and officially confirmed an undeniable scientific link between Ground Zero exposure and cancer. After years of study, he and the 15-member WTC Scientific and Technical Advisory Committee voted to add 14 broad cancer categories — covering 50 specific cancer types — to the Act’s coverage under the $4.3 billion fund. First responder advocates called this decision a historic milestone.
Notably, studies showed that firefighters who were on-scene at Ground Zero developed cancer at a rate 19% higher than those who were not present during the response and recovery period.
September 2012 — 50 Cancer Types Officially Added
NIOSH formally published the expanded cancer coverage in the Federal Register. Eligible individuals could begin receiving free cancer treatment 30 days after publication. New claims for lost wages and compensatory damages became available for those with qualifying cancer diagnoses. The Special Master of the Victim Compensation Fund confirmed payments would be made according to the new rules.
October 2012 — Advocacy Groups Form to Protect the Fund
As Congress faced budget pressures, a new organization called 911 Health Watch was formed to defend the Zadroga Act fund from automatic across-the-board budget cuts. Comprised largely of organized labor — including the New York State AFL-CIO and the United Firefighters Association of Greater New York — the group lobbied to keep funding flowing and to overturn the proposed end date of the fund in 2016. At this time, there were 63 illnesses on the approved treatment list.
September 2016 — Workers’ Comp Deadline Extended
Governor Cuomo signed legislation extending the deadline for Ground Zero workers to collect lost wages and medical expense coverage to September 11, 2018. This also extended the period to collect disability benefits and death benefits. Cuomo signed the bill on the 15th anniversary of the attacks, citing the fact that many illnesses — especially cancers — are not diagnosed until years after exposure.
Ongoing — Fund Renewed and Expanded
Congress has renewed the Zadroga Act and added additional billions in funding over the years. Most recently, an additional $2.8 billion was allocated in a fund restart, giving a second opportunity to applicants who never participated in the original fund, those previously denied, and those who missed earlier application deadlines. Advocacy organizations continue to lobby for permanent, fully funded coverage.
How the Zadroga Act Fund Works
The Victim Compensation Fund is overseen by a Special Master appointed by the federal government. All Zadroga Act claims are evaluated individually and compensation amounts are calculated based on lost wages, the severity of the medical condition, and other damages. Prior compensation received — including workers’ compensation, disability pensions, and Social Security — is deducted from the final award.
Key Facts About the Fund
- The fund has paid out billions of dollars to thousands of eligible claimants since its creation
- Over 5,000 people have been registered for claims under the Act
- Compensation awards range from several thousand dollars to well over one million dollars
- Claims must be filed within two years of a qualifying medical diagnosis
- Claimants must prove they were present at a covered site between September 11, 2001 and May 30, 2002
- Congress must authorize any additional funding or extensions to the fund
Where Is Treatment Available?
Free medical treatment and monitoring under the WTC Health Program is available at designated treatment centers. In New York, these include Bellevue Hospital, Mount Sinai, SUNY Downstate, and other authorized WTC Health Program facilities.
Have Questions About the Zadroga Act?
The Zadroga Act is complex, and the rules around eligibility, deadlines, and compensation calculations can be difficult to navigate without guidance. The experienced attorneys at Markhoff & Mittman, P.C. — The Disability Guys — have been representing New York’s injured workers for over 85 years and have helped more than 100,000 people get the benefits they deserve.
Call us today for a free, confidential consultation: (866) 205-2415. You pay nothing unless we win your case.
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