Shortly after 9/11, Congress passed special legislation, which established a special fund to obtain compensation for those injured as a result of the terrorist attacks. The legislation was enacted to protect the airlines from lawsuits. Legislation was also passed to protect the City of New York from liability by capping its liability for all claims up to its insurance limits (the City does not have insurance) or $350,000,000.00. That limit was increased to one billion dollars to be supplied by the “captive insurance” created by Congress.
The victims compensation fund created in the days after 9/11 closed some years ago so those wishing to obtain compensation must now file their lawsuits against the City (who took control of the rescue and clean-up of the World Trade site). Many New York firefighters, police officers and others responded to the WTC area and worked on the pile of debris looking for survivors. Once it was determined that there were no survivors, they remained there searching for the remains of their fallen colleagues. There were also thousands of others at the site, working on the pile. Many of these workers have recently developed respiratory problems that are just now manifesting themselves.
Since the victims compensation fund closed years ago, all these workers must file their cases in Court to obtain compensation. Pursuant to the law created by Congress, those cases must be brought to Federal Court in New York. The City of New York had claimed that it was immune from liability for its alleged failure to supply air respirators to the workers to filter the hazardous air. However, an appellate court recently rejected this excuse. The court, in denying the City’s defense, has ruled that each claim must be evaluated on a case-by-case basis.
Contributor: Michael Block, Esq., New York Work-Related Fire Fighter Litigation Attorney
Sullivan Papain Block McGrath & Cannavo P.C. has been instrumental in shaping the Legislative Body of Law designed to fully compensate firefighters and their families for the harm they have suffered through the fault of others. Indeed, the Firm was instrumental in having Congress pass legislation establishing the 9/11 Victim’s Compensation Fund