September 11th Victim Compensation Fund (“VCF”) awards are calculated on a case-by-case basis using the following general formula:
- Economic Loss plus Non-economic loss minus Collateral source payments
Economic loss is the past and future loss of earnings and the value of benefits related to employment caused by a 9/11-related physical condition. This requires proof of a temporary or permanent disability caused by a certified 9/11-related physical condition(s) as determined by a workers’ compensation board, the Social Security Administration, local/state entities (such as NYPD, NYCERS, FDNY), private insurers, private physicians, or the World Trade Center Health Program Disability Evaluation Process. Depending on an individual’s circumstances such as starting salary and their age at disability, economic loss awards range in the hundreds of thousands to millions of dollars.
Non-economic loss is awarded to compensate for the pain, suffering, and decrease in quality of life caused by 9/11-related physical conditions. The Special Master determines non-economic losses on a case-by-case basis. Generally, the more severe the injuries the higher the non-economic loss portion of the award.
After calculating the economic plus non-economic losses, the VCF will then subtract any collateral offsets received or eligible to be received. Collateral sources are defined to include all such sources, including life insurance, pension funds, death benefit programs, settlement payments from September 11th-related lawsuits, and payments by Federal, State, or local governments related to the terrorist-related aircraft crashes of September 11, 2001 or debris removal.