On behalf of all the attorneys and staff at the Disability Claim Law Firm of Turley, Redmond Rosasco & Rosasco, LLP, we wish you and your families Happy Holidays and a Healthy New Year!
"God Bless Us, Everyone!"
Troy Rosasco, a Partner at Turley, Redmond, Rosasco & Rosasco, LLP, has announced that as of December 5, 2011, the actual Zadroga Act Victim Compensation Fund “Compensation Claim Form” is now available online for those who were sickened or physically injured as the result of being exposed to airborne toxins from the Ground Zero site after the September 11, 2001 attacks.
This means that eligible 9/11 claimants, with or without attorneys, can file their Zadroga Act Victim Compensation Fund claims today. According to Mr. Rosasco, “Especially during the holiday season, many sick and destitute 9/11 victims will now find newborn hope that their anguish will be lifted in the coming New Year.”
On December 5, 2011, Sheila Birnbaum, Special Master of the 9/11 Victim Compensation Fund, released the actual Compensation Claim Forms for both deceased and personal injury claimants, which are available online at www.vcf.gov.
Claimants should complete this form if they were physically injured as a result of the September 11, 2001 debris removal efforts; they were present at one of the crash sites (or in the path of debris removal) between September 11, 2001 and May 30, 2002; and they wish to be compensated from the VCF rather than file a lawsuit.
Claimants have until October 13, 2013 to complete the form. The new September 11th Fund form also has a 21 page set of "instructions" to help file your claim and a helpful "9/11 Victim Compensation Fund Document Checklist" .
While it is strongly suggested that the forms be filled out online, they can be mailed as well. Mr. Rosasco suggested that those who may be currently experiencing financial difficulty should file as soon as possible.
“Here we are almost one year after President Obama signed the James Zadroga 9/11 Health and Compensation Act of 2010 into law, and all the "pre-season" hard work of the Special Master and the Department of Justice brought us to the real “Opening Day” of the Victim Compensation Fund," Mr. Rosasco said. “Now the long season of individual compensation claim evaluations and potential hearings will begin.”
“A roadblock that claimants faced in order to get their fair share of the $2.775 billion Victim Compensation Fund has finally been lifted,” Mr. Rosasco's partner, Daniel J. Hansen said. “Thanks to the Special Master, claimants will have ample time to fill out the forms. Now that all the formalities have been taken care of, these heroes who unknowingly worked in the face of danger are able to receive the compensation they justly deserve.”
For more information, call 1(855) WTC-INFO or visit www.zadrogaclaimsinfo.com
To her credit, Ms. Birnbaum appears to be running a tight ship and is rolling out this complex compensation program in a timely and understandable way. This simplicity will be of great help to victims and their families.
In an effort to assist victims with the filing of claims, the Special Master also announced two upcoming legal clinics in Manhattan staffed by volunteer lawyers. Such outreach, like her Town Hall meetings that preceded the reopening of the Fund, has quickly established Ms. Birnbaum as an equal to the much lionized former VCF Special Master, Kenneth Feinberg. US Attorney General Eric Holder should be credited for an excellent choice.
The 9/11 Victim Compensation Fund is currently taking "eligibility" applications, which are different than the actual "compensation claim" forms which will be released at the end of November 2011. Potential claimants with questions can call the official Victim Compensation Fund Toll Free Number at 1-855-885-1555, or feel free to call me at 1-855-WTC-INFO (1-855-982-4636).
Carolyn Fortino, a reporter with Verizon FiOS Channel 1, came to my office yesterday to interview me on the opening of the new Zadroga Act 9/11 Victim Compensation Fund. See the complete TV segment here.
We discussed the background of the 9/11 Victim Compensation Fund and how claimant's can only "register" with the Fund at this time. According to Special Master Sheila Birnbaum, actual claim forms for "compensation" are not expected until the end of November, meaning that the actual filing of compensation claims may not start until December at the earliest.
In addition to our discussion, Ms. Fortino interviewed my good friend and 9/11 survivor, Jack Delaney. Jack was Director of Emergency Medical Services for New York Presbyterian Hospital and responded so quickly to the World Trade Center that he was caught in the rubble when the buildings collapsed. (Read Jack Delaney's incredible story of 9/11 and it's aftermath here).
Anyone who reads such a story, yet fails to see the justification for the 9/11 Victim Compensation Fund, should have their head examined.
People like Jack, who will never tell you the full extent of their injuries, are the ones most deserving of benefits under the Zadroga Act, and the ones we will be fighting for.
Troy Rosasco was recently profiled by the Long Island Business News in an article entitled "The Good Fight". It discusses his long committment to 9/11 victims and the fight to get the Zadroga Act passed. The article appeared in the newspaper's "Two Minutes" interview column and discussed the new Zadroga 9/11 Compensation Act.
We will also be publishing some newly released helpful information for 9/11 victims and first resonders on our Zadroga 9/11 Claim Info web site shortly. Stay tuned.
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9 11 Compensation Fund Lawyer Troy Rosasco was interviewed last week by the Long Island Business News (LIBN) about the new draft Zadroga Act rules released by Victim Compensation Fund Special Master Sheila Birnbaum. The article and Rosasco's comments on the Zadroga 9 11 Law draft regulations are here.
Right now, the big disappointments in the draft rules, which are subject to a 45 day comment period for possible changes, is the lack of specific compensation coverage for victims with cancer or PTSD. Cancer coverage under the 9 11 Victim Compensation Fund will be left to the decision of John Howard, MD, the World Trade Center Health Program Director. The Zadroga 9 11 Act itself and the draft rules and regulations bar compensation claims for anything but "physical harm", eliminating claims for PTSD. However, claimant's with both PTSD and asthma, for example, would be able to collect for the asthma part of their claim.
I will be submitting comments along with my 9 11 WTC Lawyer partner, Daniel J. Hansen shortly. Stay tuned for our report from the "Town Hall" meeting this Wednesday night, June 29th, with Victim Compensation Fund Special Master Sheila Birnbaum. I will update interested readers in "real time" via Twitter @TroyRosascoEsq . Talk then.
It was an honor to have been asked to give a Continuing Legal Education Course on the new Zadroga 9/11 Act to the Justices and attorneys of the New York State Supreme Court, Appellate Division, Second Department in Brooklyn recently. The two hour presentation was given in the same courtroom where I was sworn in as an attorney over 20 years ago - and it hasn't changed a bit! Here is a copy of my Zadroga 9/11 Act Power Point Presentation to the Supreme Court.
Like previous lectures I have given on Zadroga 9/11 Act claims, I covered topics such as: who is a first responder under the Zadroga Act ?; are volunteers, construction workers, cleaners and other workers covered under the Zadroga Act ?; what medical conditions are covered under the Zadroga Act ?; what medical and compensation benefits are available under the Zadroga Act ?; can you have a Zadroga Act compensation claim if you already received money from another 9/11 lawsuit ?; what toxic chemicals were found at Ground Zero and are they cancer causing ?; who is the 9/11 Victim Compensation Fund Special Master ?; what is the definition of the "crash site" under the Zadroga Act ?; what cancer conditions are covered under the Zadroga Act ?; and what are the deadlines for filing Zadroga Victim Compensation Fund claims ?.
Once again, I would like to thank the Supreme Court, Appellate Division for allowing me to present this progam.
If there was ever a time to be proud to be an American, tonight is it. In the almost ten years since 9/11 while this evil man avoided this well deserved ending, even the most patriotic Americans began to doubt that this day would come. Today we can finally lay this battle in the war against radical Islamic terrorism to bed by sending Osama Bin Laden to the Gates of Hell. Give credit to our Commanders-in Chief, both Presidents’ Barack Obama and former President George W. Bush, for their relentless leadership in pursuing this terrorist.
From the original 9/11 victims to the first responders to our military men and women overseas, Bin Laden has caused death, injury and disease to many Americans. Yet while we as a country tried to heal our physical and emotional wounds, our government continued the sometimes frustrating pursuit to bring this scourge of terrorism against humanity to justice.
Today the USA stands triumphant in sending a clarion call to all terrorists who would come to our shores to cause us harm. Americans never give up, and you too will be hunted down, flushed out and brought to the justice you deserve.
God Bless the United States of America!
Whenever I am asked to give a Continuing Legal Education (CLE) Seminar for my fellow attorneys, I try and put my best effort into both the live presentation and the written materials. I recently did a Disability Claim video CLE for Lawline, the nation's top online CLE producer, and it is clear to me that online CLE for attorneys is a fantastic option for those who do not have the time (can anyone identify!) to attend a live lecture.
The video CLE was entitled "Disability Insurance Claims Primer: The Plaintiff's Perspective", and the presentation focused on both the law and practical pointers involving private disability income insurance policies for professionals and employer based long term disability claims governed by ERISA. Thankfully, it is getting top reviews from lawyers around the country.
The presentation and PowerPoint materials follow a hypothetically disabled trial attorney, " Atticus Finch" , and the reasons he can no longer do one or more of the "material and substantial" duties of his profession.
It also touches on Short Term Disability, New York Workers' Compensation claims, and Social Security Disability claims. About the only thing it does not touch on is Zadroga 9/11 Act claims, but then again the Zadroga Act wasn't law yet!
Like all my CLE presentations, I do not get paid for either the presentation or any re-broadcast. I consider it a way to give back to the profession which has given me so much satisfaction over the years. I just finished a second Lawline CLE presentation on a brand new federal statute which should be appearing on a laptop near you shortly!
So if you need some extra CLE credit, pull out your laptop in the comfort of your own home, and check out my Disability Insurance Claims Primer, or one of the other great Lawline CLE courses.
Christopher M. Redmond, a Senior Partner at the New York Workers' Compensation Law Firm of Turley Redmond Rosasco & Rosasco, LLP, has opened a new office on Main Street in Sag Harbor, NY to serve injured workers from Montauk, East Hampton, Bridgehampton, Southampton, Sag Harbor and Hampton Bays. He will continue to see clients from Westhampton and East Moriches in our existing Riverhead office.
While other places of the country continue to see an overall housing slump, Long Island South Fork ( from the Hampton's to Montauk) housing continues to thrive, providing construction and landscaping jobs throughout the region. Unfortunately, as a result, this also leads to an increase in construction accidents, including falls off ladders, scaffolds and roofs, and into holes and ditches.
Often times general contractors use off-the-books immigrant workers on both construction sites and on landscaping projects. These workers, often Latino, are rarely provided with the safety equipment they need, such as harnesses, safety goggles, ear protection and helmets. This leads to unnecessary construction accidents and more severe, permanent injuries.
Any worker who has been injured at work, or on a South Fork, Long Island construction or landscaping site, should contact Attorney Chris Redmond, who also speaks Spanish, as soon as possible after the accident to learn his rights to file a New York workers compensation claim. Even workers who are off-the-books or are in the US illegally can file a workers compensation claim, and doing so will not lead to deportation. Call 631-399-0400 and ask to speak to Mr. Redmond's assistant, Carmen Rosado (x110) to schedule an appointment in our new Sag Harbor Office.
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In a bizarre twist, the non-profit FealGood Foundation recently invited the much criticized "9/11 victim" law firm, Worby Groner & Edelman and Napoli Bern , LLP to speak at their Zadroga Act Claim legal forum on 3/20/2011. "Something" must have caused these former adversaries to kiss and make up!
The NY Daily News has previously stated that the Worby Napoli lawyers exploited John Feal's name. This is what John Feal said just last year about Napoli Bern:
Dear Friends, Supporters and Fellow First Responders,
Today I have been forwarded a disturbing and ethically questionable email from the law firm of Worby, Groner, Napoli & Bern, LLP. First, "Napoli Bern" does not, and has never, represented me in any legal action. Unfortunately, the email does not make this clear and may mislead readers.
Second, I am not and have never been, a litigant in the 9/11 "class action" lawsuit involving Napoli Bern. I have maintained an individual lawsuit for many years. Any legal actions taken by me and my private attorney have no reflection on the "class action" suit and any attempts to draw such a conclusion are unwarranted and, in regards to Napoli Bern, unauthorized. Why Napoli Bern has chosen a non-litigant to this suit as an example of the actions you should take in settling your suit is questionable to say the least. I urge you to discuss your individual cases with your attorney and make your own independent decisions moving forward. Please do not look to the steps taken by my attorney as indicating what the best legal action is in your case.
I am saddened and upset that a law firm that is entrusted with the legal care of over 9,000 First Responders would choose to release the personal information of another, non-client responder and use such information to pressure litigants into settling their own cases. I will be addressing this matter with appropriate authorities immediately.
It is my sincere hope that you make your legal decisions based on your own independent factors and I wish you well in your decision making.
God bless you and God bless America"Any Nation that does not honor its heroes will not long endure"Abraham Lincoln Peace & LoveJohn FealFounder & President
The invitation to the "legal forum" was not rescinded by the FealGood Foundation despite federal court Judge Alvin Hellerstein the prior week giving the Napoli Bern firm a severe "dressing down" on how it has represented certain 9/11 victims. Judge Hellerstein stated:
"Having thus been in conflict for months, and having done nothing about it, Napoli Bern failed to give these 59 Plaintiffs the proper representation to which they were entitled.
Instead, Napoli Bern favored the needs of the thousands of other clients whom it also represented. That this happened is hardly surprising, especially when one considers the possibility that Napoli Bern had financial motivations for preferring its thousands of settling clients."
Then just yesterday, Worby Napoli got caught up in the "fake 9/11 fireman ad" controversy reported in the New York Post. I wonder now how happy the Fealgood Foundation is that they are implicitly recommending this law firm to 9/11 responders and victims for representation?
What could have prompted the non-profit FealGood Foundation, in need of funds, to do a 180 degree turn around from it's previous denunciation of the Napoli Bern law firm? Hmmm...
As I have said before, John Feal is a hero. He is tarnishing his own reputation, and all those who work so tirelessly for the FealGood Foundation, by being involved in this lawyer circus. By recommending that 9/11 victims first go through a lawyer on the Fealgood Foundation Board of Directors, the more questionable the process becomes.
John Feal should follow the advice he previously gave in the letter to his Friends above : "It is my sincere hope that you make your legal decisions based on your own independent factors and I wish you well in your decision making."
The credibility of the entire FealGood Foundation is on the line now given their new association with the law firms of Worby Groner & Edelman and Napoli Bern. 9/11 victims and responders deserve better.
Photo courtesy of the NY Post
Worby Groner & Edelman and Napoli Bern, LLP , the much criticized 9/11 "victim" law firm, was accused of major conflicts of interest by federal judge Alvin Hellerstein recently regarding it's representation 59 separate 9/11 victims. Said Judge Alvin Hellerstein:
"Having thus been in conflict for months, and having done nothing about it, Napoli Bern failed to give these 59 Plaintiffs the proper representation to which they were entitled.
Instead, Napoli Bern favored the needs of the thousands of other clients whom it also represented. That this happened is hardly surprising, especially when one considers the possibility that Napoli Bern had financial motivations for preferring its thousands of settling clients."
See Judge Hellerstein's full 3/11/2011 decision here regarding Napoli Bern's conflicts and conduct.
On the heels of this legal embarrassment, the New York Post today exposed a hurtful Worby Napoli advertisement picturing a current NYC Firefighter who never was at Ground Zero, but whose picture was altered with special computer software to make it look like he was a first responder. And believe it or not, the Worby Napoli firm issued a press release immediately defending the misleading ad!! Have they no shame? Do they really care about 9/11 victims? Or are they stereo-typical lawyers just out for the money?
In my opinion, Worby Napoli's pattern of conduct over the last few month's is nothing short of disgraceful. How can any future Zadroga 9/11 claimant trust this law firm? There are many honorable Zadroga 9/11 lawyers representing 9/11 victims and first responders. Unfortunately, the honorable attorneys are inevitably tarnished by the "900 pound gorilla in the room". Sad.
When choosing a Zadroga Act lawyer, make sure you pick one with integrity. At the end of the day, you must trust that your Zadroga lawyer is working for your best interests.
Space is limited.
Reserve your Webinar seat now at:
https://www3.gotomeeting.com/register/330686110
Did you (or a family member) participate in the rescue, recovery or cleanup activities at Ground Zero? Are you now ill from breathing and ingesting toxic dust and fumes at the World Trade Center site? If so, you may be entitled to a financial award from the recently reopened federal Victim Compensation Fund in the Zadroga Act.
Join experienced New York 9/11 Victim Compensation Fund (VCF) attorneys Troy G. Rosasco and Daniel J. Hansen for a free, fact filled webinar on March 26, 2011 at 12 noon EST discussing the new Zadroga Act. Subjects covered will include:
Join us for this lively, interactive Zadroga 9/11 Act Webinar (online seminar) to get the answers you (and your loved ones) need to protect yourself and get the financial compensation you deserve. You will be able to listen and interact either over your internet connection or by using a Toll Free telephone connection.
Title: 9/11 Zadroga Act Claims : What You Need to Know About the Victim Compensation Fund
Date: Saturday, March 26, 2011
Time: 12:00 PM - 2:00 PM EDT
After registering you will receive a confirmation email containing information about joining the Webinar.
System Requirements
PC-based attendees
Required: Windows® 7, Vista, XP or 2003 Server
Macintosh®-based attendees
Required: Mac OS® X 10.4.11 (Tiger®) or newer
I will be giving my annual New York Workers' Compensation Law lecture tomorrow night at St. John's Law School at the invitation of Prof. David Gregory, one of the country's preeminent labor law experts.
This year my Workers' Compensation Law lecture takes on particular significance as the this week marks the 100th anniversary of the Triangle Shirtwaist Factory Fire tragedy in lower Manhattan, which was the seminal event leading to the establishment of workers' compensation laws throughout the country. 146 workers lost their lives either in the fire or jumping from the building.
As a former recipient of the Clara Lemlich Triangle Factory Fire Memorial Award, this important moment in labor history, along with the annual Triangle Dinner this Friday night at the Fire Museum of the City of New York, are close to my heart. I will certainly impress upon the law students the importance of understanding not only the "black letter" meaning of the New York workers' compensation law, but also its historical context.
In a eeirly sad coincidence, it just so happens that this year is also the 10th anniversary of the World Trade Center Disaster. It took 90 years for the WTC disaster to eclipse the Triangle Factory Fire as New York's most deadly workplace accident.
We are still filing ongoing workers' compensation claims for 9/11 victims, survivors and first responders. In addition, this year has brought the passage of the new James Zadroga 9/11 Health and Compensation Act of 2010. I will be sharing with the students facts about the new Zadroga 9/11 Act, how to file a Zadroga Act claim, and what medical conditions are covered under the Zadroga Act.
Afterwards, the officers of the law school's Labor & Employment Law Society ussually join Prof. Gregory and I for a good Italian meal in Queens, maybe at Uvarara. Looking forward to that! I will post my materials on this blog after the lecture.
Join us for a Webinar on March 26
Space is limited.
Reserve your Webinar seat now at:
https://www3.gotomeeting.com/register/330686110
Did you (or a family member) participate in the rescue, recovery or cleanup activities at Ground Zero? Are you now ill from breathing and ingesting toxic dust and fumes at the World Trade Center site? If so, you may be entitled to a financial award from the recently reopened federal Victim Compensation Fund in the Zadroga Act.
Join experienced New York 9/11 Victim Compensation Fund (VCF) attorneys Troy G. Rosasco and Daniel J. Hansen for a fact filled webinar discussing the new Zadroga Act. Subjects covered will include: Who is Eligibile?, What Illnesses are Covered?, How Do You File a Claim?, What is Needed to Prove Your "Damages", including "pain and suffering"?, Who is the "Special Master"?, How Much Money Can You Expect to Receive?, Can You File if You Already Collected Money from the Old VCF or other Lawsuits?, and How Long Will the Claims Process Take?
Join us for this lively, interactive Webinar (online seminar) to get the answers you (and your loved ones) need to protect yourself and get the financial compensation you deserve.
Title: 9/11 Zadroga Act Claims : What You Need to Know About the Victim Compensation Fund
Date: Saturday, March 26, 2011
Time: 12:00 PM - 2:00 PM EDT
After registering you will receive a confirmation email containing information about joining the Webinar.
System Requirements
PC-based attendees
Required: Windows® 7, Vista, XP or 2003 Server
Macintosh®-based attendees
Required: Mac OS® X 10.4.11 (Tiger®) or newer
What is the Zadroga 9/11 Victims Compensation Fund?
On January 2, 2011, President Obama signed the James Zadroga 9/11 Health and Compensation Act of 2010. James Zadroga was a NYPD Detective who died from inhaling toxic dust while working at Ground Zero. He inspired Congressional passage of federal funds that would provide for healthcare and compensation benefits to those who became sick or died as a result of exposure to Ground Zero toxins.
Who’s Eligible to File a Claim?
How Do I File a Claim?
Find out the answers to these questions by downloading our brochure.
If you have questions, please call us toll free at 1-855-WTC-INFO and visit our Victims Compensation Fund Information website at www.zadrogaclaimsinfo.com.
Last week the United States Environmental Agency (EPA) announced the inclusion of the Hicksville Verizon property, which previously housed the Sylvania nuclear fuel rod manufacturing facility, on its list of Superfund toxic cleanup sites. Does Japan seem so far away now?!
Drew Scott of News 12 knew that I, along with Mitchell Breit, am representing a group of workers in a class action lawsuit who were exposed to the cancer causing chemicals TCE and PCE on the Verizon site and stopped by my Ronkonkoma office for quick interview for the five o'clock broadcast. Unfortunately, I worked late last week and missed the news broadcast, but here is Drew's News 12 blog post and my comments on the "Toxic Soup" on the Hicksville Verizon site.
Toxic Soup?
By Drew Scott
“It’s a toxic soup of contaminants!”
That’s how attorney Troy Rosasco describes an area in Hicksville that, along with four other communities, has just been tapped as a new federal EPA superfund cleanup site.
The former Hicksville Sylvania plant that made nuclear fuel rods for power plants in the 50′s and 60′s was closed, but Rosasco says he’s pursuing a federal class action lawsuit, representing dozens of neighbors and factory workers in the area.
Other areas designated for superfund cleanup status include New Cassel, Salisbury, Hempstead and Westbury. All these locations were being monitored by the New York State DEC and Army Corps of Engineers. The EPA says these areas are contaminated with either radioactive material or dangerous chemical solvents. Now the cleanup could get underway thanks to this new federal status. You can comment to the EPA with this link.
Meanwhile, we are still in federal district court on the class action case. In the interim, we are actively engaged in preparing Zadroga 9/11 Victim Compensation Fund claims from an equally toxic site - Ground Zero.
Last year, a federal jury found Verizon liable and awarded my client Gerard Depascale and a co-worker $12 million for cancer and other illnesses contracted on the site. Verizon had already reached an out-of-court settlement with neighbors in the surrounding area for $11 million.
Last night I had the pleasure of giving Zadroga Claim Information to 60+ volunteer firefighters at the East Islip Volunteer Fire Department. Many of these brave volunteers immediately responded to the World Trade Center without any prompting from their department or other emergency agencies. They simply saw a tragedy unfolding, and like the professionals they are, put themselves in harms way. True heroes.
Anyone who works with Long Island volunteer firefighters like I have for years knows that many of them hold day jobs as New York City police officers, correction officers and construction workers. Besides those volunteer firefighters who have Zadroga Victim Compensation Fund Claims, many also have Zadroga claims relating to their regular line of work.
Whether you participated in rescue, recovery or cleanup work as a result of volunteer efforts (including the Red Cross and Salvation Army) or from your regular work (such as electricians from Local 3, IBEW), you should explore your rights and protections under the Zadroga Act by calling a Zadroga Lawyer. Feel free to call me at 1-877-693-2529 ext. 123 to discuss a possible Zadroga 9/11 Claim.
This article explains some of the basic health provisions of the Zadroga Act and who may apply for benefits under the reopened 9/11 Victims Compensation Fund. I hope you find it helpful.
Last week Gregory Zeller of the Long Island Business News (LIBN) interviewed me about the new Zadroga 9/11 Act and the reopened Victim Compensation Fund. Read the LIBN Zadroga Act article here.
While the focus was largely about the potential positive business impacts for health care providers, including the excellent 9/11 WTC Medical Monitoring and Treatment Program at Stony Brook University Medical Center based in Islandia under the direction of Benjamin Luft, MD, the article also touched on the benefits available to victims through the newly reopened 9/11 Victim Compensation Fund.
If you have any questions, call me directly toll free at 1-855-WTC-INFO or visit our Zadroga 9/11 Claims informational website at www.zadrogaclaimsinfo.com.
Carrie Mason-Draffen, a Business reporter for Newsday, has been writing the excellent column, "Help Wanted" for many years now. I highly recommend it to all who are interested in workplace law issues.
Recently, Carrie asked me to help with a question from a reader whose friend, a 74 year old, was working and collecting Social Security Retirement benefits at the same time. The reader seemed to believe that the hard working septuagenarian was somehow cheating the US government!
Well, perhaps the grumpy reader woke up on the wrong side of the bed that day. Of course a 74 year old can work and collect his or her full retirement benefit! In this day in age, it is a necessity for many seniors, while others simply like the mental stimulation of work. They should not be penalized - they should be thanked for making the Social Security Trust Fund more solvent!
See my detailed response about Social Security in Newsday here and here, and keep reading Carrie's column. It was refreshing to get my mind off Zadroga Act Claims for a few moments.
The law firms of Napoli Bern and Worby Groner & Edelman continue to receive bad press in the major New York daily newspapers - the latest being the New York Post on January 20, 2011. As usual, it once again involves a "fee dispute" on 9/11 World Trade Center cases.
No one will say that John Feal was not a tireless and successful advocate, among others, for the recent passage of the James Zadroga 9/11 Health and Compensation Act of 2010. We all owe this hero a debt of gratitude.
Unfortunately, Mr. Feal is now in the business of trying to recommend 9/11 Zadroga Claim lawyers. Respectfully, he should stick to what he does best - legislative advocacy. Mr. Feal's recent press releases regarding the attorney selection process for Zadroga 9/11 Victim Compensation Fund claims only serve to confuse the population he intends to help.
On December 28th, he told 9/11 victims:
Mr. Feal stated that he was planning on putting together a one-day seminar in February, perhaps to be held at Nassau Coliseum, for 9/11 victims to meet and evaluate potential Zadroga 9/11 Victim Compensation Fund lawyers. We agreed with Mr. Feal and posted our opinions on the Zadroga 9/11 Lawyer controversy here.
Now, strangely, Mr. Feal has reversed himself and is urging 9/11 victims and first responders to contact "as soon as possible" a specific lawyer who will then direct the victim to another lawyer for Zadroga Victim Compensation Fund representation.
Why? Does it have anything to do with the fact that this specific lawyer sits on the FealGood Foundation Board? Does the FealGood Foundation, its Board Members or its officers directly, or indirectly, benefit from this new "lawyer referral " service? More importantly, does it lead to the best legal representation possible for 9/11 victims?
Now lawyer websites are popping up like weeds advertising through Google as "endorsed by the FealGood Foundation". This only hurts Mr. Feal and his Foundation's own credibility. You must draw your own conclusions regarding his "about face". Sometimes our heroes can disappoint us. It should not be this difficult or confusing.
Again, as we have previously stated and will continue to do so, there is no rush to hire an attorney to represent you before the 9/11 Victims' Compensation Fund. It is unlikely that any claimant will be able to file a claim prior to this July.
Get as much information as you can about your rights under the Zadroga 9/11 Act prior to even contacting a lawyer. Click the following link for helpful information on Zadroga 9/11 Victim Compensation Fund claims. Then contact and speak to a lawyer (owner) who will actually be handling your case rather than passing you off to another law firm.
There are some cases that will not require attorney representation, avoiding the associated 10% legal fee. There are other cases that will. The key is to know the difference.
If you have any questions, call Troy Rosasco at 1-855-982-4636 x123.
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New York City Police Department Det. James Zadroga passed away five years ago today as a result of his exposure to toxins at Ground Zero following the 9/11 attacks. Please remember him and his family in your prayers.
In an effort to steer clear of the ongoing controversies surrounding certain 9/11 lawyers, the law firms of Turley, Redmond, Rosasco & Rosasco, LLP, Daniel J. Hansen, Esq. and Chet Lukaszewski, PC have launched an informational website for 9/11 heroes and victims simply named Zadroga 9/11 Claims Info. Our team aims to restore the public’s confidence that there are attorneys with integrity who are willing to take these claims, handle them professionally and do their clients justice.
It is hoped that 9/11 First Responders, 9/11 Survivors, construction workers, clean-up workers, volunteers and families can turn to this site for good, unbiased legal and health information regarding the new James Zadroga 9/11 Health and Compensation Act of 2010. Please feel free to visit and explore the site at http://www.zadrogaclaimsinfo.com .
The site will be frequently updated with the latest Zadroga 9/11 Act information while we await the appointment of a new Special Master (decision maker on Zadroga award amounts) and updated regulations regarding the re-opened Victims' Compensation Fund. You can subscribe for frequent updates on the site either through email or the RSS Reader of your choice.
If you have questions you cannot find answered on in the Zadroga 9/11 Claims Information Center on the site, please feel free to call Troy Rosasco toll free at 1-855-WTC-INFO x123. We hope you find the information and insight on Zadroga 9/11 Claims Info helpful.
About the Authors
Authored by a team of experienced attorneys with a long history representing 9/11 victims and first responders, this publication aims to make information and insight on the James Zadroga 9/11 Health and Compensation Act of 2010 readily available to its readers.
Attorneys Troy G. Rosasco, Chet Lukaszewski and Daniel J. Hansen bring together unique skill-sets and backgrounds in offering commentary on legal developments surrounding the re-opened 9/11 Victims Compensation Fund as part of the Zadroga Act.
Rosasco and Lukaszewski have been dedicated to the 9/11 rescuer and victim cause for many years, with the pair working diligently to get the Zadroga Act passed. Rosasco and his law firm — Turley, Redmond, Rosasco & Rosasco, LLP — represented victims and their families a week after the initial attacks, handling initial death claims on a pro-bono (free) basis. Rosasco has also been writing on the subject for years on his own New York Disability Law Blog.
Joined by Daniel J. Hansen, an experienced Manhattan trial lawyer who obtained a record $19.6 million verdict for an injured construction worker in 2010, the team aims to restore the public’s confidence that there are attorneys with integrity who are willing to take these claims, handle them professionally and do their clients justice.
The New York Post called it an "incredible blunder". The New York Daily News reported that 9/11 sick workers were scared to sign any "settlement papers" or risk losing out on Zadroga Act Victims' Compensation Fund benefits. This is not the first time that the Worby / Napoli Law firms have been accused of "scaring" 9/11 heroes.
Now the law firms of Worby Groner & Edelman and Napoli, Bern are are fighting back and protesting the NY Post article in a barrage of internet press releases saying "Don't Go to the NY Post for Legal Advice". The New York Post issued a new editorial yesterday on the signing of the Zadroga 9/11 Act and responding in part to the Worby / Napoli complaints. We agree that no sick 9/11 hero should be getting their legal advice from the New York Post.
At this time, if you have not already signed a release of your prior 9/11 civil action claims and returned it to your lawyer, you should seek out a competent second legal opinion, independent of Worby, Groner & Edelman and Napoli, Bern, prior to signing any settlement papers on your prior 9/11 litigation.
The problem is that under the Zadroga 9/11 Act, anyone who has not "tendered" a release in a prior 9/11 civil action prior to the date president Obama signed the law (this past Sunday, 1/2/2011), is not eligilble for a compensation award under the Zadroga 9/11 Act.
Under New York Civil Procedure law, the definition of "tender" is:
The term "tender," as used in the statute, is defined as meaning "either to personally deliver or to mail, by registered or certified mail, return receipt requested" (CPLR 5003-a [g]). See the link here to the case of : DJS Med. Supplies, Inc. v American Tr. Ins. Co., 2008 NY Slip Op 52456(U) (App. Term, 2d).
This all could have been easily avoided by the Worby / Napoli lawyers. It was reported by the New York Law Journal on October 18th of last year that Judge Hellerstein approved the Port Authority portion of the settlement. Why didn't Worby, Groner & Edelman and Napoli, Bern get the settlement papers out to their clients soon after the settlement, rather than wait to the last minute? Now, eligibility for Zadroga 9/11 Act benefits rests solely in the hands of a Special Master yet to be named, or as a result of further litigation.
With all due respect to the Court Appointed Ethics Expert Roy Simon, who Worby / Napoli use to back up their position in the press releases, he is not an expert on civil procedure. He has not in the press release said that anyone "tendering" settlement papers after enactment of the law will be eligible for Zadroga Health and Compensation benefits. And most importantly, he will not be the one who makes the decision on Zadroga 9/11 Act eligibility.
As I said last week, what a mess!
For many 9/11 victims and their families, it was a long and painful road to this most deserving day. Some did not make it - and we mourn them and their sacrifice.
However, many 9/11 first responders, survivors, volunteers, construction workers and clean-up workers will now get the medical treatment and compensation they need so badly due to the Zadroga 9/11 Act - and for this we are all grateful.
Thanks to all the the unstoppable supporters of the Zadroga bill. Thanks to James Zadroga and his family - and all heroes like him.
The New Year is upon us and hopefully we can all look forward to a better year in 2011 than last year. For disabled 9/11 survivors and first responders, the passage of the James Zadroga 9/11 Health and Compensation Act of 2010, after a long and arduous struggle by advocates who never gave up, was certainly the highlight of last year. More and better health care for these heroes is on the way.
This year, let us dedicate ourselves to acting in a kind and generous way to all that need our assistance. Let us act as if the spirit of Christmas is carried by us all year long, and let us remember to be grateful for all that our Gods have bestowed upon us.
The attorneys and staff of Turley, Redmond, Rosasco & Rosasco, LLP wish everyone a Happy, and more importantly Healthy, New Year!
On the heels of a unflattering article two days ago in the NY Daily News about the 9/11 lawyers at Worby, Groner & Edelman and Napoli, Bern, Susan Edelman of the New York Post is reporting today on a potential mistake these lawyers may have made that could exclude them from filing Zadroga Act Compensation claims.
Let's hope it is not true and that these heroes don't see their well deserved compensation go down the drain on a legal technicality. I suspect federal district court Judge Alvin Hellerstein may have to come to the lawyers rescue on this issue - just to protect the innocent 9/11 heroes.
According to the article, the law firms of Worby, Groner & Edelman and Napoli, Bern have not yet gotten the needed signed "releases" accepting the settlement from their clients, much less delivered them to the Port Authority. If these releases are not received by the Port Authority by the time President Obama signs the new Zadroga 9/11 bill next week, any victim who subsequently signs such a release could be excluded from eligibility under the new Zadroga 9/11 Act.
If this happens, such victims may then have no choice but to forgo the Port Authority settlement in order to now travel the long road to Zadroga 9/11 Act compensation.
This is not the way it was supposed to work. The deal that was sold to these clients was that they should take the 9/11 litigation settlement now, use it to pay current medical bills, and then they would also be able to apply for Zadroga 9/11 compensation also. What a mess...! Stay tuned and pray for the best...
As reported yesterday in the New York Daily News, the Law Firms of Worby, Groner & Edelmann LLP and Napoli, Bern LLP are catching heat from many angry 9/11 First Responders and victims about their new Zadroga Act website which was planned to attact Zadroga Act claims prior to the passage of the James Zadroga 9/11 Health and Compensation Act of 2010.
Despite earning potentially over 100 million dollars on the recent lawsuits against New York City and angering many 9/11 widows and clients along the way in how their claims were handled (such as the extremely rare concept of attempting to charge clients interest on litigation costs - later denied by the federal Judge), they are apparently now trying to herd their current clients (at a time of extreme financial and emotional vulnerability) to retain the firm to file Zadroga Victims' Compensation claims too. As reported in the Daily News, this includes texting messages to victims cell phones!
The Bottom Line - if you were a participant in any of the recently resolved 9/11 lawsuits against New York City and represented by a lawyer or law firm, you do NOT have to use that same lawyer or law firm to represent you in your Zadroga Victims' Compensation Fund claim.
In addition, if you were previously represented by another attorney in a 9/11 New York Workers' Compensation claim, a 9/11 WTC disability retirement claim as a police officer or firefighter from the NYPD or the FDNY, or any other 9/11 related victims claim, you should be aware that you have a right to a fresh pair of experienced legal eyes from a different attorney to handle you Zadroga Act claim.
The skill set needed for lawyers who handled the prior 9/11 litigation is far different from the legal skills needed to properly handle a claim before the newly re-opened WTC Victims' Compensation Fund. Unlike the lawsuits filed against New York City, there will be no juries and litigation in federal District Court like the 9/11 cases before Judge Hellerstein.
Lawyer fees are capped at 10% for Zadroga Compensation Claims, unlike the court imposed 25% in the prior lawsuits. And as John Feal of the FealGood Foundation advises, their is no rush to sign a retainer with any Zadroga Claim lawyer or law firm just yet.
You should explore any law firms' long-term commitment to 9/11 First Responders and victims before you sign any paperwork. Can you talk to the actual owners of the firm (as you should)? Find the lawyer that you personally feel comfortable with who will also get you the best results.
Important Fact: One misconception about the "so called benefits" of using a former attorney for your Zadroga Compensation claim must be dispelled. No lawyer or law firm can claim that you should use their services because they "already have your medical records". In New York State, you are the "owner" of the entire contents of your prior legal file.
In fact, Zadroga Act claims are particularly well suited for lawyers who concentrate in administrative law such as workers' compensation claims, Social Security Disability claims, and NYC disability pensions. A thorough knowledge of these types of claims is essential since any money a client may have received from such sources may be an "offset" (a subtraction) from his final Zadroga Act settlement.
You can show up on your lawyers' doorstep at any time and demand a copy of your complete legal file ( including medical records ) so you can bring it to another lawyer for review. Since most of these records are now scanned and kept electronically, a prior law firm could press one button on a keyboard to send you or a new lawyer your entire legal file, as long as it is done securely to protect your privacy.
Another easy method would be to simply sign an official New York State Office of Court Administration Authorization like the one here and have your new attorney arrange to get a copy of your file for you. This will keep you out of any awkward situations with your prior attorney, and avoid any undue delays.
As always, we will continue to keep you informed on your rights under the James Zadroga 9/11 Health and Compensation Act of 2010. Feel free to call Troy Rosasco toll free at 1-877-693-2529 x123 with any questions.
Christmas!
For the attorneys at Turley, Redmond, Rosasco & Rosasco, this is what Christmas time is all about. In that spirit, we wish you and your families a very Merry Christmas and a Healthy New Year! May no injuries or disabilities visit your doorstep in 2011. For those struggling with injury or illness already, may 2011 bring you the a quick and complete recovery.
As Tiny Tim observed, "God Bless Us, Everyone!"
Many victims and/or their families have been calling today to find out if they are eligible for compensation and health benefits under the new Zadroga 9/11 Compensation Act. Here is the text of the final Zadroga bill passed by the Senate yesterday which will now go to President Obama to sign. Our Zadroga Act lawyers are currently studying the final version and will be providing further analysis and interpretation in the near future. A careful reading of this bill is the starting point for all who may want to check their eligibility.
Some of the medical conditions for survivors in the Zadroga 9/11 Act that will be covered are listed below:
`(b) List of WTC-Related Health Conditions for Survivors- The list of health conditions for screening-eligible WTC survivors and certified-eligible WTC survivors consists of the following:
`(1) AERODIGESTIVE DISORDERS-
`(A) Interstitial lung diseases. `(B) Chronic respiratory disorder--fumes/vapors. `(C) Asthma. `(D) Reactive airways dysfunction syndrome (RADS). `(E) WTC-exacerbated chronic obstructive pulmonary disease (COPD). `(F) Chronic cough syndrome. `(G) Upper airway hyperreactivity. `(H) Chronic rhinosinusitis. `(I) Chronic nasopharyngitis. `(J) Chronic laryngitis. `(K) Gastroesophageal reflux disorder (GERD). `(L) Sleep apnea exacerbated by or related to a condition described in a previous clause.
`(2) MENTAL HEALTH CONDITIONS:
`(A) Posttraumatic stress disorder (PTSD). `(B) Major depressive disorder. `(C) Panic disorder. `(D) Generalized anxiety disorder. `(E) Anxiety disorder (not otherwise specified). `(F) Depression (not otherwise specified).`(G) Acute stress disorder.`(H) Dysthymic disorder. `(I) Adjustment disorder. `(J) Substance abuse.
`(3) ADDITIONAL CONDITIONS- Any cancer (or type of cancer) or other condition added to the list in section 3312(a)(3) pursuant to paragraph (5) or (6) of section 3312(a), as such provisions are applied under subsection (a) with respect to certified-eligible WTC survivors.
The New York Daily News just reported that a deal on the James Zadroga 9/11 Health and Compensation Act of 2010 has just been reached in the United States Senate. ABC News also has an excellent story on the Zadroga 9/11 deal here. This is great news for the victims and families who have waited so long for this day to come.
Just last night, Sen. Tom Coburn of Oklahoma was threatening to block the Zadroga 9/11 WTC bill, and according to the Daily News report, it appears that he negotiated significant modifications to gain his support. Specifically, the original 10 year,$7.4 billion treatment and compensation package has now been trimmed to 5 years and $4.3 billion.
It reopens the 9/11 Victims Compensation Fund and caps attorney fees at 10%, which is fair. According to the Daily News, it also bars first responders who will collect from the recent 9/11 lawsuit settlement from "double-dipping" (as if this was their first concern!). My clients just want to get healthy and protect their families financial future.
More details on the actual bill that will be passed and signed into law will be filtering out soon and we will post the final version of the bill here. For now, let's celebrate winning a hard fought battle for a bill, which while probably not perfect, is certainly better than no bill at all.
As always, feel free to contact Troy Rosasco with questions about eligibility at 1-877-693-2529 x123. Merry Christmas and Happy Holidays to all our heroes. Stay tuned for further details.
When I last posted on the prospects of the James Zadroga 9/11 Health and Compensation Act of 2010, I was urging at least one Republican Senator to step up to the plate and act like a true Statesman. Well, it looks like the yet to be named Republican(s) is finally on board. The tortured history of the long overdue Zadroga 9/11 bill is almost over, and hopefully the Senate will pass this much needed legislation prior to Christmas. That is, unless Republican Senator Tom "Scrooge" Coburn gets in the way! (see his cruel opposition paper to the Zadroga Victims Compensation Bill here).
Once the bill is law, we can all start to pitch in to get the 9/11 WTC heroes the just compensation they and their families deserve. The text of the most recent version of the Zadroga Bill (likely to be changed in regards to funding and offsets in the final version) can be read and printed out here.
A great deal of political credit is due to Senators Schumer and Gillebrand, and New York City Mayor Mike Bloomberg. However, the real credit goes to these victims, many now dead, dying or chronically ill from unusual cancersand respiratory diseases, who dove into the rubble at Ground Zero after 9/11 to save lives without any concern for future compensation. The grass roots efforts of the surviving WTC victims, their families and support organizations such as the FealGood Foundation to pass this bill is a testament to the American Spirit; we don't quit until the job is done.
If the Zadroga 9/11 bill passes at this time of year, the verse "Hark the Herald Angel Sings... God and some "Republicans" reconcile !" should be sung from the church pews. Merry Christmas!
Many say passage of the Detective James Zadroga Bill in the US Senate is all up to Chuck Schumer now. Not so.
It's really up to one brave Republican Senator willing to put partisan politics aside and do the right thing by these "injured war veterans". They may not have served in Afghanistan or Iraq, but they were attacked all the same.
Many first responders unfairly closed out of the most recent mega 9/11 settlement may only have the Zadroga Bill to fall back on - and they are just as sick as the ones now being compensated in the lawsuits approved by Judge Alvin Hellerstein, according to Congresswoman Carolyn Maloney.
Which Republican Senator would vote to deny Iraq and Afghanistan war vets their right to medical care and compensation? Not one.
But because this issue has been portrayed as simply a local New York matter by some Republicans or another debt inflating conundrum by others, the Mitch McConnell crew in the Senate have not broken ranks - yet.
So which Republican Senator will be a Statesman rather than a politician? Whoever it is, I'll get out my chisel now and climb Mt. Rushmore, but I'm not holding my breath.
Do the lead attorneys have 95% of their first responder clients agreeing to the multi-million 9/11 settlement?
PS: It's clear now one of the two lead law firms did not reach 95% (you can bet Sullivan Papain hit their 95% mark). Judge Hellerstein has extended the deadline another week, not just for counting the ballots, but also for new opt-ins. The wait continues leaving the vast majority of sick 9/11 responders and their families teetering on edge. Is this fair?
That's the big question in all the New York newspapers today ( see New York Daily News, NY Times, NY Post and New York Law Journal ). One eligible firefighter stated on radio today that this decision was tougher than his decision to go into the burning World Trade Center on 9/11 - and I believe that is the case for many of the close to 10,000 plaintiffs in this case. That firefighter has decided to take the settlement, although he is unsure of what his eventual recovery will be. Another cancer victim has decided not to accept the settlement.
In addition, I have received over 10 telephone calls already this morning from potentially eligible plaintiffs who still did not know about the lawsuit and settlement. That's a shame since it is estimated that close to 40,000 workers and volunteers participated in the cleanup at Ground Zero, yet only 10,000 are involved in the present lawsuit. The current lead plaintiff attorneys are no longer taking new cases (they have their hands full), and potential future plaintiffs may find it difficult to find any attorney at this point.
Finally, what happens to the workers who are not yet sick, participated in the cleanup, but get sick in the future with cancer or lung problems? Perhaps their only recourse will be to hope that the Zadroga bill to re-open the 9/11 Victims' Compensation Fund is is signed into law. Zadroga was recently passed by the House of Representatives, but is facing an uncertain future in the lame duck Senate.
As I have stated in prior posts, I believe the current settlement is the "best possible" for now, and I urge the plaintiffs to approve it. I understand that it is a tough choice and not the perfect solution. However, the alternative is an uncertain future and perhaps getting nothing in the end given some valid legal defenses to these claims. That would be flushing $712.5 million down the drain. Is the bird in the hand better than two in the bush...?
Three cheers for the House of Representatives!!!
The James Zadroga 9/11 Health and Compensation Act, is named after a New York City detective who participated in the rescue and recovery efforts at Ground Zero after 9/11. He in died in January 2006 due to difficulty breathing caused by his exposure at Ground Zero.
The bill's prospects in the Senate are unfortunately less bright, but this was a morally right step for the victims and families of first responders. These heroes need permanent heath care guaranteed!
"U.S. Attacked" read the headline from the New York Times on 9/12/2001. Nine years ago tomorrow the former World Trade Center was taken down by two jetliners hijacked by radical Islamic terrorists associated with Al-Queda. While the physical structure of a great city landmark was reduced to rubble, the immediate deaths and continued illnesses caused by this attack continue to haunt many New Yorkers.
However, a ray of light is now shining on Ground Zero as the new One World Trade Center (formerly the Freedom Tower) rises from the ashes as seen in the recent photo above. As the New York Disability Blog has done since its inception, we again mourn those who perished at Ground Zero resulting in the largest workers' compensation event in history. We salute those heroes who sacrificed their lives on and after that fateful day. Finally, we pray for the health of those who are currently sick or will become sick in the future.
On a related issue, it is often easy for those of us in New York to forget the victims of 9/11 who perished at the Pentagon building or in a Pennsylvania farm field. I just happen to be traveling upstate tomorrow for a West Point football game with my son, where I am sure there will be a ceremony acknowledging the impact of 9/11 on Army families throughout the country and overseas protecting us from future attacks. Please remember them in your prayers as well.
Don't fax WTC-12 forms to the New York State Workers' Compensation Board! This is not sufficient and you may lose your protections.
After filing our post last night urging all rescue, recovery and cleanup workers to file their WTC12 forms by 9/13/2010, I got this important and nice reply from a representative of the New York Workers' Compensation Board:
"I saw your posting this morning announcing you will provide free notary and faxing services for World Trade Center workers to file a WTC-12. While I applaud your efforts, I just want to make certain you know that we [ the Workers' Compensation Board ] must receive the original, signed and notarized WTC-12 by September 13. A faxed copy is not sufficient." [emphasis added].
In addition, the Board directed us to the following helpful WTC-12 information:
The Board must receive the original, signed and notarized WTC-12 by Monday, Sept. 13. Board staff will be available in New York City metropolitan area offices to assist in completing and filing the forms. Faxing, e-mailing, and simply mailing it or postmarking it by that date is not sufficient. While the statute has a Sept. 11 deadline, the law extends any deadline to the following Monday when it falls on a Saturday or Sunday. Therefore, the Board will accept all WTC-12 forms that are received on or before Monday, Sept. 13. The Board will update and relaunch its Tell Us You Were There radio and television commercials, with former New York Yankee Bernie Williams, later this month to promote awareness.
Sorry for the mistake and we hope this does not cause any confusion on the part of those who should still file the WTC-12 form. We will continue to offer free Notary services for the WTC-12 form by appointment, but we cannot offer faxing services since this is not legally sufficient to protect your rights. Feel free to call with any questions at 1-877-NY-DBLAW x123.
Until Friday, September 10, 2010, our New York Workers Compensation lawyers will be providing free notary and fax services for World Trade Center Ground Zero workers and volunteers who have not yet registered for potential future benefits using the official WTC-12 form, which requires a notary to witness the claimant's sworn statement.
Despite a very aggressive public outreach campaign by the NY Workers Compensation Board and NYCOSH (including waves of TV and radio ads - see Yankee Bernie Williams above), many potentially eligible 9/11 workers and volunteers have not yet registered with the New York State Workers' Compensation Board to protect themselves if they get sick in the future due to their heroic 9/11 Groun Zero service.
The last day the Board will accept the required WTC-12 form is September 13, 2010 (different from the originally publisized date of September 11, 2010 since the 11th falls on a Saturday when the WCB is closed). If you, or someone you know, falls into this category of workers or volunteers, please ACT and FILE immediately to protect your rights to future medical and lost wage benefits.
The New York Disability Law Blog has done its best over the years to help educate 9/11 workers of the need to file the WTC-12 form, even if they are not yet sick. However, the filing date is almost here - 9/13/2010.
The WTC-12 form contains an address for filing, but at this late date we strongly suggest you either fax the form to the Workers' Compensation Board at 1-877-533-0337 or drop the form off in person at one of the New York Workers' Compensation Board's Local District Offices.
Any questions, you can contact the Workers' Compensation Board at 1-877-533-0337 or one of our NY Workers Compensation attorneys at 1-877-NY-DBLAW x123.
The final deadline for Ground Zero 9/11 rescue, recovery and cleanup workers to register to file a New York Workers Compensation claim in the future is September 11, 2010.
The workers compensation lawyers at Turley, Redmond Rosasco and Rosasco are supporting our friends at the New York Committee for Occupational Safety and Health (NYCOSH) both financially and through the New York Disability Law Blog get out the word to the estimated 50,000 eligible 9/11 workers who have not yet registered.
This important protection will help them with medical insurance and lost wages if they later become sick as a result of exposure at Ground Zero. Click here to find the official WTC-12 Registration form which must be filed prior to September 11, 2010. Please take a few minutes to complete this form to protect you and your family.
If you have any questions about registration or filing Ground Zero 9/11 New York workers compensation claims, do not hesitate to call us toll free at 1-877-NY-DBLAW.
Federal Judge Alvin Hellerstein called the new $625 to $712 million proposed 9/11 settlement for sick first responders and rescue workers a "very good deal" today. Lawyer fees have now been reduced from 33% to 25%, while the actual settlement has been increased significantly. This will put more money in the hands of seriously sick first responders and their loved ones.
Judge Hellerstein has set a hearing for later this month so that all interested parties can comment on the newly proposed settlement. After the initial settlement proposal was publicized this past March, both the Judge and certain rescue worker groups claimed the the settlement was not enough and that lawyer fees were too high. It remains to be seen what groups representing injured workers feel about the new settlement proposal, but no one can argue that seriously ill workers will do better under the current proposal.
If you are a rescue worker or first responder who is currently or potentially sick due to your exposure at Ground Zero, this may be your last opportunity to join the lawsuit. Feel free to call Turley, Redmond, Rosasco & Rosasco Toll Free with any questions at 1-877-693-2529, extension 123.
Happy First Responders Day?? The heroes from Ground Zero may no longer have much needed mental health benefits from New York City. The Daily News reports that approximately 4,500 9/11 rescue and recovery workers would lose their mental health benefits beginning January 7, 2011, with no federal safety net in sight.
Unfortunately, this is all about pure "political game playing" and the Bloomberg administration is using the 9/11 heroes in a "game of chicken" with the Obama administration over who will fund this program and for how long. Read between the lines of this letter from the Bloomberg Administration to the 9/11 heroes. Shame on the Mayor!
Thankfully, Reps. Carolyn Maloney and Jerry Nadler recently pushed the "Zadroga Act" bill through an important House of Representatives committee and this may provide first responders with some health protection given the Mayor's current power play. Let's hope so!
While I am sure that most of the general public has heard about last week's potential $657 million settlement for 9/11 First Responders ( including volunteers), do you want to read the entire 95 page World Trade Center Settlement Process Agreement ? In addition to the agreement, there are attached to the agreement multiple Exhibits A through U (click here and here for examples)which put the total page count in the multiple hundreds of pages.
Thankfully, the over 10,000 first responders have been given 90 days dissect this important document before the must vote to approve or disapprove the proposed settlement. Awards to individuals or families could range anywhere from a high of over one million dollars to a low of $3,200.00, with an expected average award according to news reports to be in the $50,000 - $60,000 range. Finally, U.S. District Court Judge Alvin Hellerstein must also approve of both the settlement agreement and the amount of attorneys fees.
As most of my readers know, I have been covering 9/11 workers' compensation and litigation developments on this blog for over five years now. After the announcement of the proposed settlement last Thursday night, my office has received another rush of calls. Many want to know if it is too late to join this lawsuit now as plaintiffs.
The answer is "No", it's not too late. However, time is short for attorneys to review new client medical records for eligibility and make the appropriate claim,if any. If you have yet to sign up for this litigation and you were a first responder or volunteer who worked at Ground Zero, now may be your last chance to join this potential settlement. Remember - this lawsuit is separate and apart from any New York Workers Compensation claim you may have in the past, currently or in the future.
Since last Thursday, I have taken numerous phone calls from first responders and/or volunteers with serious lung conditions or cancers who never knew about the existence of this lawsuit. I encourage all first responders or volunteers who have been diagnosed with a condition potentially related to their exposure to dust and toxins at Ground Zero, and have not already signed on to this lawsuit (you probably would have signed a formal 1/3 retainer agreement), to contact an attorney today.
Readers of this blog can always call me toll free at 1-877-NY-DBLAW (1-877-693-2529) , extension 123 with any questions. Let's hope that this proposed settlement brings some closure for sick first responders and their loved ones. They deserve it.
Great legal news for injured and ill 9/11 rescue and recovery workers! In an article published in Newsday today, Governor David Paterson has just signed a new law effective September 16, 2009 allowing workers who missed lawsuit filing deadlines to sue New York City for negligence for telling workers that the air at Ground Zero was safe, when in fact it was deadly soup of toxins.
Any sick 9/11 Ground Zero worker who had a prior claim dismissed or who never filed a claim in the first place should contact our office immediately at 1-877-NY-DBLAW (1-877-693-2529) to discuss a new lawsuit. These lawsuits are not the same as the filing a World Trade Center workers' compensation claims, which we have been handling now for many years.
Our office would be glad to explain the difference and your filing options given the new law. There are additional strict filing deadlines in the new law. Ask to speak to Troy Rosasco at extension 123.
Many thanks to State Senator Andrea Stewart-Cousins (D-Yonkers) and Governor Paterson for their continued concern and support for 9/11 rescue and recovery workers and volunteers.
On the eighth anniversary of 9/11, it seems appropriate that we all recognize that the health impacts on both victims and Ground Zero rescue workers continue in many cases to increase, not decrease. A colleague forwarded me this excellent video from this morning's Democracy Now program regarding Ground Zero and the case of rescue worker Joe Picurro.
Although I am personally familiar with Joe's tragic story of the health consequences that Ground Zero workers face, this excellent update, which includes interviews with 9/11 Ground Zero funding champion Congresswoman Carolyn Maloney and Dr. Jacqueline Moline of the Mt. Sinai Medical Center World Trade Center Monitoring program is a must see for anyone interested in the long term health effects of the WTC tragedy. Mt. Sinai has now screened over 27,000 workers, and new Ground Zero workers compensation cases (usually involving lung disease, cancer and post-traumatic stress disorder) still come into my office on an all too regular basis.
All the attorneys and employees of Turley ,Redmond, Rosasco & Rosasco, LLP offer their ongoing support to our clients and all those impacted by the 9/11 tragedy. God bless you. We will never forget.
Turley, Redmond & Rosasco, LLP, New York's Leading Construction Accident Lawyers and Workers' Compensation Lawyers, wishes all NY workers, either healthy or injured, a restful Labor Day 2009. You deserve it. Stay safe out there!
Last week the New York Daily News had an excellent story by Heidi Evans detailing the battle 9/11 responder Daniel Arrigo has gone through to obtain his workers' compensation benefits. Here we are - nearly 8 years since the World Trade Center tragedy - and insurance companies are now to fighting 9/11 workers comp claims harder than ever as the spotlight has shifted from terrorism to the economy. Give the New York Daily News credit for keeping the spotlight shining bright on the health of WTC first responders and volunteers.
In a follow-up to the Daily News article, I was interviewed by the leading trade publication on workers' compensation issues, Workcompcentral, on Mr. Arrigo's case. In the article, I stated that Mr. Arrigo's plight is "sadly familiar" to those of us attorneys who handle 9/11 Ground Zero claims on a regular basis. Sadly, there are many more "Daniel Arrigos" out there in need of experienced Ground Zero workers' compensation lawyers because insurance companies fight legitimate claims with one hand, while asking for taxpayer bailouts with the other. Disgusting!
At this festive time of year, when so many of us are struggling in economic despair, let us not forget all that we still have. In the spirit of the Christmas season, let us try to put aside our worries, if only for one day, and rejoice for the things that matter most - the happiness and health of our families.
For the those among us who are not working due to accidents or disease, may 2009 bring you a return to work and good health. The attorneys at Turley, Redmond & Rosasco have dedicated our professional lives to representing injured and disabled claimants with ERISA and private long term disability claims, Social Security disability claims and workers' compensation claims. May 2009 bring happier, healthier and more prosperous days to the clients we serve. Merry Christmas and Happy Holidays!
I had a great time at the NOSSCR Social Security Disability law conference in Los Angeles last week. I actually had a chance to chat with Social Security Commissioner Michael Astrue down at the pool. This is a very bright guy, and in my opinion he is moving the agency in the right direction. His Deputy Commissioner Linda deSoto and Chief Administrative Law Judge Frank Cristaudo were also quite impressive. It was also great to break bread at an old Italian restaurant named Matteos with my good friend Larry Wittenburg, probably the best Social Security attorney in North Carolina.
As a Member of the NOSSCR Board of Directors and Second Circuit representative, I hosted our Second Circuit Round-table discussions on Wednesday night which are always interesting. The rest of the seminars dealt with how to win Social Security disability claims involving many types of disabilities, including heart disease, cancer, diabetes, HIV/AIDS, depression, MS (multiple sclerosis), lupus, fibromyalgia, herniated disks, bipolar disorder, arthritis, seizure disorders, lung disease, RSD (reflex sympathetic dystrophy), COPD, CRPS (Chronic regional pain syndrome), anxiety and PTSD (post-traumatic stress disorder).
Our office sees these and other unique diseases every week. We probably have a higher incidence of PTSD here in New York due to the ongoing trauma of 9/11 workers' compensation claims. The next national Social Security disability lawyer conference will be next Spring in Washington, DC, where we plan to lobby Congress to improve the Social Security Disability system for disabled clients.
As the New York Disability Law Blog has done since its inception, today we pay respects, on the seventh anniversary of 9/11, to the families of all those killed or injured in this devastating terrorist attack. I truly hope one of our presidential candidates finally chases Osama Bin Laden to "the gates of hell". He has gone unpunished for far too long.
That being said, sadly, workers compensation lawyers and disability lawyers like myself are still litigating claims arising from 9/11. Shockingly, and with far too little publicity, insurance companies are still fighting these claims, causing further anguish and grief to the victims and their families.
Our firm recently successfully concluded two contested 9/11 claims under the new 9/11 First Responder law, passed in October 2007, which uniquely provided for 75% of a claimant's lost wages for life. Our clients were EMT's for voluntary hospitals in New York City suffering from 9/11 induced post-traumatic stress disorder (PTSD). Although the insurance companies fought these claims tooth and nail due to the high financial exposure, we prevailed for these long overdue victims.
The New York State Insurance Fund (NYSIF), the semi-public insurance company, recently fought a claim by a 9/11 victim by advancing the novel theory that his injuries were related to his service in Vietnam - despite the claimant working successfully full-time for over 30 years prior to 9/11. After we obtained the client's VA medical records, we easily refuted the NYSIF's silly argument. The workers compensation law judge ruled in our client's favor earlier this week and he will receive workers' compensation case and medical benefits for life. The New York Workers' Compensation Board continues to do an admirable job protecting the rights of 9/11 claimants. In addition, the New York City Department of Health runs an excellent website on 9/11 related health problems.
Long Island's own Congressman Tim Bishop recently urged additional federal funding for 9/11 victims at Stony Brook University's World Trade Center Monitoring and Treatment Program. This excellent program is headed by Dr. Benjamin Luft and has been of great help to many of our clients. The program also operates in offices in Islandia and Nassau University Medical Center, with a new Hicksville office coming soon. The New York Disability Blog strongly urges Congress to fully fund this much needed program for 9/11 victims in Nassau and Suffolk.
It is clear that we will all be living with the painful legacy of 9/11 for at least another generation. Many more workers compensation, Social Security disability and long term disability claims are yet to be filed. May we all join together with compassion, empathy and financial support for every 9/11 victim.
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Happy New Year to all the readers of the New York Disability Law Blog! Over the course of 2007, we are pleased to report that our firm has once again helped thousands of injured and disabled claimants successfully win the benefits they deserve.
Our blog has tried to provide timely and helpful information to all those struggling with a variety of disability claims, including long term disability insurance claims, Social Security disability claims, workers' compensation claims and VA disability claims. Since its inception in March 2005, our blog's readership has steadily grown and we have become a frequent resource to reporters and other media professionals on disability claim matters.
We look forward to another year of fighting the good fight for our clients and friends. We wish you and your families a healthy and happy 2008!
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Marie Cocco of the Washington Post has a great column today profiling one of our clients, Jeanmarie DeBiase, the widow of 9/11 hero Mark DeBiase. While sick police officers and firefighters have received much deserved attention, workers in a variety of occupations, without whom the Ground Zero clean-up could not have been possible, have not received the same level of press. Mark was a wireless phone technician who set up emergency communications for other 9/11 rescue and first responders and volunteers. He died on April 9, 2006 due to interstitial lung disease caused by exposure to dust and toxins at the Fresh Kills landfill, where the World Trade Center debris was trucked.
More importantly, they have not received the same level of medical and monetary support as the police and firefighters. Many have lost their health insurance for both themselves and their families. Many ill workers continue to struggle as they fight workers' compensation claims being vigorously fought by employers who have forgotten the meaning of the word "compassion". On this sixth anniversary of the collapse of the Twin Towers, may we all re-dedicate ourselves to helping families who cannot "move on" from September 11, 2001.
A Newsday article today details yet another lawsuit against Verizon for cancers and other life threatening diseases caused by Verizon's contaminated nuclear waste property in Hicksville, New York. It was just a few years ago that Verizon paid out a multi-million dollar settlement to residents in the surrounding area over their increased rates of cancer. Incredibly, despite their previous settlement with surrounding residents, they state in today's article that the property is not a health hazard!!! They must be kidding!!! Thankfully, at least the newest lawsuit is in front of federal District Court Judge Leonard Wexler, a no nonsense jurist who presided over the previous settlement. Judge Wexler knows where the skeletons were buried by Verizon.
Perhaps Verizon should review the most recent United States Army Corp of Engineers report before issuing such silly press releases. Perhaps they should tell this to Senator Chuck Schumer and Congressman Pete King who both have pledged recently to aid in the cleanup. Perhaps they should tell this to the New York Workers' Compensation Board which has already ruled favorably for two workers on the Verizon site. By denying the obvious, Verizon is besmirching its once good name and entering the "ENRON" class of corporate responsibility.
Does Verizon have no shame? What about Verizon CEO Ivan Seidenberg? How many more victims have to contract cancer due to Verizon's contaminated nuclear property before they accept responsibility for the nuclear and other toxins on the Hicksville site? Perhaps they have made a cold calculated business decision that its cheaper to pay off a few hundred cancer victims than it is to clean up there own property. Anyone ever heard of the Ford Pinto cases? Whatever Verizon's motivations, you can be sure they have more to do with shareholder returns than the health of Long Islanders.
However, assuming Verizon is first and foremost profit motivated, wouldn't it make good financial sense to be a good neighbor as they roll out their FIOS service across Long Island? After all, who would want to buy anything from a known corporate polluter? Step up and do the right thing - perhaps you will be embraced by residents of Nassau and Suffolk counties looking for an alternative to Cablevision. Fight to the death (literally) like Magazine Distributors, and I can't think of one New York resident who would want to sign up for FIOS service (check out how healthy the workers in the FIOS video look...) if they knew their monthly bills went to fight cancer victims.
Much like Ground Zero workers, the men and women who worked directly on top of this acknowledged nuclear waste site will be getting sick for years to come. The time has come for Verizon and Ivan Seidenberg to "do the right thing". Don't count your chickens just yet. Verizon even fights its own workers' 9/11 related cancer claims! Anyone have Michael Moore's phone number? Those are my thoughts - what do you think?
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To all workers who toil each day to make America great, the the attorneys and staff at Turley, Redmond & Rosasco wish you a much deserved and restful Labor Day. Enjoy! See you next week.
As we approach the sixth anniversary of the 9/11 tragedy, legal and health issues arising out of Ground Zero continue to top the headlines. First, NYCOSH has announced a press conference for next Tuesday, 9/4/07, at 11:00 am at the South entrance to PATH trains at the former World Trade Center site on Church Street. The press conference, which will include New York State Labor Commissioner M. Patricia Smith, Art Wilcox of the AFL-CIO and representatives of Senate Majority leader Joe Bruno, will announce a new subway poster campaign encouraging 9/11 Rescue, Recovery and Cleanup Workers and Volunteers to register for benefits with the New York Workers' Compensation Board. We will report any additional information after the press conference.
As previously reported on the New York Workers' Compensation Alliance website, the deadline to register for these benefits has been extended until August 14, 2008. You can download a World Trade Center Registration Form here. In addition, this week saw an important Newsday article reporting about a new New York City Department of Health study showing that Ground Zero rescue and recovery workers have a 12 times higher incidence of asthma. This bolsters the anecdotal evidence and filing of claims by our workers' compensation attorneys for WTC workers over the past few years.
Our workers' compensation lawyers continue to work daily with Ground Zero rescue, recovery and cleanup workers and volunteers to protect their rights to future medical attention. The new poster campaign will help those who have not yet registered. Remember- you should register now even if you are still healthy to protect your rights later. If you have any questions, call toll free 1-877-NY-DBLAW to speak to one of our attorneys for a free consultation.
It was my pleasure to give a seminar recently to volunteer firefighters at the Bellmore Fire District on Long Island about their rights to workers' compensation (even as volunteers) under the new 9/11 Rescue Workers' Law. Andrew Carboy and Beth Jablon of Sullivan, Papain, Block, McGrath & Cannavo also gave an excellent presentation on the rights of the volunteer firefighters to sue the City of New York if they worked at Ground Zero and later develop cancer or breathing problems. For instance, I met one firefighter who developed tongue cancer after working at Ground Zero but had never touched a cigarette in his life. Unfortunately, such stories are becoming more and more common these days as I field these unfortunate callers on almost a daily basis.
The firehouse was packed and we handed out many Workers' Compensation Ground Zero registration forms and many firefighters completed the forms right then and there. I thank both Andy Carboy and Joe Pusateri, Esq. for asking me to assist with this presentation. As of today, there are only 189 days left to register with the Workers' Compensation Board. Even if you are not ill now, please download this form today and send it to the New York Workers' Compensation Board ASAP. It could be a free disability or life insurance policy for your family. If you have questions about how to fill out the form, do not hesitate to call our office at 1-877-NY-DBLAW.
Welcome to the newly designed New York Disability Law Blog! As you will notice, I changed the official title of the blog from "The Disabled Worker Law Blog" to the more informational "New York Disability Law Blog". This is in keeping with the blog's purpose of providing useful information and insight regarding disability claims to fellow attorneys and the general public.
To this end, I am excited to announce the creation of the blog's "Disability Law Library" which will be continually added to and updated. I hope that this will eventually become the first place attorneys and claimant's turn to when researching disability claims and legal issues. Still in it's formative stages, the library will have sections on long term disability and ERISA claims, Social Security disability, New York workers' compensation, civil service disability pensions, scaffold /ladder /construction site lawsuits and a new section on the unfortunate expanding area of veterans' disability claims.
In addition, in 2007 we hope to do a better job collaborating with fellow bloggers such as Jonathan Ginsberg and his excellent Social Security Disability Radio Blog. Please feel free to comment about the new design and let me know how the New York Disability Law Blog can better serve your needs. Talk to you soon.
Well, my seven year old son didn't get "an official Red Ryder carbine-action, 200-shot, range-model air rifle with a compass in the stock" this Christmas, but he now has enough "weapons of mass destruction" to justify Dick Cheney's armed search of our property (I better duck!) My daughter is content with her yo-yo and Rubik's Cube. Chock it up to testosterone!
All of us at the New York Disability Lawyer Blog and Turley, Redmond & Rosasco wish you and your families a very Merry Christmas and Holiday Season! See you in the New Year!
In a huge victory for Ground Zero workers, federal judge Alvin Hellerstein issued a 99 page ruling yesterday giving these heroes the opportunity to sue the City of New York, private contractors and the Port Authority of New York and New Jersey for their 9/11 related illnesses.
In the last few months, after the passage of the new 9/11 workers' compensation law, our workers' compensation attorneys have been deluged with calls from Ground Zero workers with various illness's they believe are related to exposure to toxins at Ground Zero. In addition to new workers' comp claims, they may now also be entitled to have an additional lawsuit against the City of New York for failing to warn them of the dangerous and sometimes deadly conditions at the former World Trade Center site. Turley, Redmond & Rosasco is working with one of the "lead counsels" in New York City bringing this important law suit.
The most affected group of workers are police, firefighters, EMS, sanitation workers, transportation workersconstruction workers, National Guardsmen and other first responders. The most common illness's workers' comp lawyers see among these groups include asthma, reactive airway disease, interstitial lung disease and the following cancers: lung cancer, esophagus cancer, stomach cancer, bladder cancer, colon cancer, leukemia, lymphoma and multiple myeloma.
If you or a family member believe your illness is related to working or volunteering at Ground Zero, please feel free to contact Troy Rosasco toll free at 1-877-NY-DBLAW, ext 123 to discuss your legal options.
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