The New York Disability Law Blog : New York Disability Lawyer & Attorney : Turley, Redmond & Rosasco : Brooklyn, Queens, Long Island, Nassau, Suffolk, Bronx, Staten Island

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

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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.  

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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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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.

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Just finished watching the President inform the nation that our military and intelligence services have killed Osama Bin Laden.

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!   

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Join us for Zadroga Claim 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 free, fact filled webinar on March 26, 2011 at 12 noon EST discussing the new Zadroga Act. Subjects covered will include:

• Who is Eligibile under the Zadroga 9/11 Act for compensaton?
• What Illnesses are Covered by the Zadroga Act?
• How Do You File a Zadroga Victim Compensation Fund 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 a Zadroga Claim if You Already Collected Money from the Old VCF or other Lawsuits?
• How Long Will the Claims Process Take?
• How to Choose the Right Zadroga 9/11 VCF lawyer for you?

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

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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.

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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.

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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).

That's why, according to the Daily News, the Worby / Napoli firms were sending urgent letters to their clients to return settlement papers at the last minute.

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!

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"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.

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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.

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