Revitalized Victims Compensation Fund gears up to accept new claims

Workers previously compensated for injuries they suffered after the 9/11 tragedy may be eligible for additional payments. Draft rules for the new Victims Compensation Fund also expand the geographic area of workers covered.

The changes follow President Obama's signing of the James Zadroga 9/11 Health and Compensation Act of 2010 earlier this year. Newly appointed VCF Special Master Sheila L. Birnbaum is reviewing comments before issuing the final regulations next month.

The Zadroga Act creates two programs:

Establishes a Medical Monitoring and Treatment Program -- Title I.
Reopens the September 11 VCF of 2001 -- Title II. The fund initially operated from 2001 to 2003.

Oklahoma lawmakers studying workers' comp opt-out idea (09/19/11)
Nebraska: Notification of claims acquisition goes electronic (06/23/11)
Postal Service safety specialist subjected to retaliation, suit alleges (05/10/12)
Oregon: Notice of claim acceptance changes (12/01/11)
Ignoring coexisting conditions can have nightmarish ramifications, expert warns (12/08/11)

Under Birnbaum's draft rules released last month, claimants from the first VCF may amend their claims to reflect new injuries and health conditions which may be covered as scientific knowledge evolves. Also, claimants who received money for a condition that has substantially worsened may be eligible for additional money.

The draft rules expand the timing of "immediate aftermath" to include the period Sept. 11, 2001, to May 30, 2002.

Congress appropriated $2.77 billion for the program. However, just $875 million is available for the first five years of the program with the remainder being paid out in the sixth year. The VCF will begin accepting claims in October.

Read more at the WorkersComp Forum homepage.

August 18, 2011

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