Judge Approves Renegotiated World Trade Center Rescue Worker Settlement

A newly negotiated settlement in thousands of World Trade Center emergency responder lawsuits has been given preliminary approval by U.S. District Judge Alvin Hellerstein. The $712.5 million proposal, which the judge characterized as "very, very good," must still be approved by 95 percent of plaintiffs.

Since 2003, upwards of 10,000 firefighters, police officers, construction workers and emergency responders have filed lawsuits against 90 defendants over illnesses they say were caused by exposure to toxic dust at Ground Zero following the 9/11 terrorist attacks. Defendants to the suits include New York City, the Port Authority of New York and New Jersey, and various construction companies.

A $657.5 million settlement announced in March 2010 was rejected by Judger Hellerstein because of issues involving legal fees and transparency.

Like that original settlement, the renegotiated deal calls for sickened workers to be paid by the WTC Captive Insurance Company, an entity created with a $1 billion federal grant that provides insurance coverage to the City of New York and its debris-removal contractors. Under the new proposal, attorneys for victims agreed to reduce their fees from 33 percent to 25 percent of the settlement, and WTC Captive has agreed to add a minimum of $55 million, and possibly more, to the pot for victim compensation.

The deal allows for larger individual payouts and people receiving workers' compensation for their injuries will now continue to receive assistance. The new accord also creates eligibility criteria for the purpose of compensating workers who claim disease and injuries, such as asthma and terminal cancer. In addition, every claimant will also receive a cancer-insurance policy through MetLife with a $100,000 benefit at no cost.

According to WTC Captive, plaintiffs who suffer from debilitating respiratory diseases are eligible to receive from $800,000 to $1.05 million, while death benefits could be as high as $1.5 million. Plaintiffs claiming fear of becoming ill, but who do not present with an injury that qualifies under the new accord, will receive $3,250.

Plaintiffs have 90 days to decide if they want to accept the settlement. Judge Hellerstein has scheduled a public hearing for June 23 in which claimants and their attorneys can present objections.

Do you suffer from a WTC related condition?

When disaster struck on September 11, 2001, brave emergency workers rushed to Ground Zero to help in anyway they could. Following 9/11, it is estimated that as many as 50,000 at Ground Zero wore little or no protective gear. Now these same workers who risked their lives to save others are plagued by chronic health problems and are not receiving the treatment and support they deserve. Many sick patients have been denied compensation because they cannot prove they were at Ground Zero or that their illnesses were the direct result of Ground Zero exposure.

Many workers have developed health problems that have caused them to stop working, causing them not only to lose their salaries but also their health insurance. These heroes are suffering because they can no longer afford medication and treatment. But as the debate continues, the number of illnesses and deaths increases. Emergency workers have experienced a wide array of medical problems including a persistent cough, now labeled "World trade center cough" and black lung disease.

The administrator of the Environmental Protection Agency at the time, Christie Whitman, assured New Yorkers their air was "safe to breathe". Several groups have since filed class action lawsuits against her and her agency, and a federal judge called her statements "conscience-shocking." Even the EPA's own inspector general has criticized the agency's handling of the crisis. A 2003 report found that on the basis of early tests for asbestos, which had been reassuring, the EPA made misleading pronouncements about air quality. And the White House, the report said, removed cautionary language from the agency's press releases.

A further study by the US general accounting office in 2004 found that the federal government had taken no comprehensive actions to study the health effects of 9/11 pollution and "the full health impact of the attack is unknown". This is what concerns doctors the most. Dr. Moline, who is running a screening program for these workers at Mt. Sinai Hospital in New York, said that “diseases could take years to develop.” Her concerns start with cancer, but extend to potential effects on the heart and a variety of lung and respiratory problems. She advises screening exposed workers every 18 months for at least 20 years.

Legal Help for WTC Emergency Workers

If you or a loved one worked at Ground Zero after the 9/11 tragedy and developed any medical conditions that you believe are related to your work, please contact Parker Waichman Alonso LLP today to receive a FREE legal consultation about your case. We will fight for your rights to fair compensation for your injuries, pain and suffering. Fill out the form on this page or call 1-800-LAW-INFO (1-800-529-4636).