Air Today . . . Gone Tomorrow Article Maloney Files Bill To
Compensate Bypassed 9/11 Injured Workers
By John Toscano, Western Queens
Gazette, September 3, 2004
Citing misguided regulations and
misinformation about the air quality at Ground Zero immediately following the September 11
World Trade Center attacks, Congressmember Carolyn Maloney has introduced legislation to
extend the compensation fund that covered rescue workers and remove the regulations which
had blocked many injured workers and area residents from eligibility for funds.
Maloney also pointed out that many
September 11 rescue and recovery workers had not applied for the September 11th Victim
Compensation Fund (VCF) benefits because their illnesses became more serious after the
funds Dec. 22, 2003 deadline.
Other workers missed out on the benefits
Maloney said, because they were not informed of their eligibility for the fund. Residents
around Ground Zero expressed the same concerns, the lawmaker said.
In announcing her legislation, Maloney
(DQueens/Manhattan) declared
"Anyone hurt by 9/11 deserves access
to this fund, but countless injured victims were denied help or discouraged from applying
because of misguided regulations. The president and Congress need to extend the Victim
Compensation Fund deadline and reform it for all those who were clearly injured from 9/11
but denied the help they deserve."
Maloney stated, "Largely as a result
of the VCFs misguided restrictions on applicants, 1,755 of the 4,430 personal injury
claims considered were denied." The 40 percent denial rate does not include those who
never applied because of confusion over the regulations or because they were not informed
that the fund existed.
Detailing the reform sought by her
legislation, Maloney stated
"Since it takes longer than three
days for a 9/11 respiratory illness to emerge, the fund should obviously allow more than
three days for an injured victim to seek medical help to be eligible. Since the
development of respiratory illness was not exclusive to the first four days of service at
Ground Zero, the fund should clearly be eligible to those who responded beyond the first
week.
"Finally, the December 22 deadline
came too soon for many 9/11 responders to realize the full extent of their illness. They
deserve a chance to apply. It will be a lasting shame on the federal 9/11 response if we
exclude those in need from seeking help that they so clearly deserve."
Joining Maloney as she unveiled the
legislation were Manhattan attorney Michael Barasch, who has represented workers who were
denied benefits, and a number of New York City firefighters, police officers and recovery
workers employed at Ground Zero, among them Department of Correction Warden Peter Curcio.
Barasch explained, "No one ever told
the lungs about the Victim Compensation Fund deadline. Congress is doing the right thing
by continuing to help those who sustained latent pulmonary injuries while working in the
recovery efforts at Ground Zero.
"There are so many sick and/or
disabled rescue workers who werent diagnosed until it was too late for them to
apply."
Curcio was one such case. He described his
experiences "On 9/11, I ran into harms way to help. It was my job and I was
proud to do it. When I got there, the E.P.A. [Environmental Protection Agency] told me the
air quality was acceptable and I stayed to help. We all now know that was a lie.
"The question now is, is Congress
going to leave me uncompensated for my pulmonary injuries because they developed late and
are getting progressively worse? Are they going to leave me uncompensated because they
failed to communicate the purpose and eligibility criteria for the fund to all of those
who served down there?"
Curcio concluded, "This was
unchartered territory for all of us. I can forgive them for deceiving me on the air
quality to prevent mass hysteria if they can forgive my late application based primarily
on their failure to broadcast the fund information properly and permit a reopening of the
fund."
Maloney explained that in addition to the
late-onset illness and inadequate outreach as potential reasons that those injured from
September 11 may have missed the original VCF deadline, time restrictions on VCF
applicants were also questioned.
Specifically, the lawmaker said, VCF
criteria required applicants to have arrived for rescue and recovery operations within 96
hours of the attacks and for all injured claimants to have sought medical help for an
injury within 72 hours, although the funds Special Master Kenneth Feinberg had some
discretion over the latter criteria.
Maloneys legislation would
Amend eligibility rules so that
responders to the 9/11 attacks who arrived later than 96 hours could be eligible if they
experienced illness or injury from their work at the site.
Amend eligibility rules so that
those who did not seek immediate medical verification for their illness or injury from the
disaster, but who have since obtained medical evidence, would be eligible.
*Extend the deadline for applications to
allow those with either late-onset illness from the disaster or those who were never
informed of their eligibility for the Victim Compensation Fund to consider applying.
http://www.nytimes.com/2004/09/07/science/07dust.html
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