When the 9/11 Victim Compensation Fund (VCF) was created, its purpose was to provide swift, fair financial compensation to those who were injured or to the families of those who were killed in the immediate aftermath of the attacks on September 11, 2001. The VCF was designed as an alternative to litigation, with a focus on speed, compassion, and certainty during a time of national crisis. But as attorney Michael Barasch, Managing Partner of Barasch & McGarry Law Firm, explains, the limitations of the fund’s design became evident as the full impact of the attacks became more broadly understood.
“The Victim Compensation Fund was not built with a long-term vision in mind,” Barasch explains. “At the time, there was limited understanding of the lasting health consequences of toxic exposure. The assumption was that the need would be relatively short-lived. What we now know is that 9/11-related illnesses can take years, even decades, to develop. As the truth of the attacks’ health impact emerged, it demanded a fundamental rethinking and expansion of the program.”
Barasch & McGarry is the leading law firm for the 9/11 community, filing more VCF claims and representing more 9/11 victims than any other law firm in the country. Since September 11, 2001, thousands of the firm’s clients, which include first responders, workers, students, residents, and volunteers, have received more than $7 billion in awards from the VCF.
Michael Barasch: Guiding the Victim Compensation Fund from immediate relief to long-term support
Barasch and his team have played a key role in bringing about changes to the VCF needed to address the full range of victims’ needs. Through his representation of NYPD detective James Zadroga, who developed pulmonary fibrosis as a result of his exposure to dust and toxins at the World Trade Center site, Barasch helped to establish the connection between the toxic air and illnesses in the 9/11 community.
As it became apparent that toxicity at Ground Zero in the plume and the debris pile had caused acute and latent health effects that worsened over time, Barasch advocated for the VCF, which had been closed in 2004, to be reopened and expanded. His efforts led to the passage of the James Zadroga 9/11 Health and Compensation Act of 2010, which reopened the VCF and greatly expanded the number of people in the 9/11 community who could access the monetary benefits of the program.
“The VCF has evolved significantly over the past two decades to reflect the long-term reality of 9/11-related illness,” Barasch explains. “The most important shift was its reopening and eventual permanent authorization, which acknowledged that this is not a closed chapter. The evolution also expanded eligibility to include a broader range of cancers and chronic conditions, aligned efforts more closely with the World Trade Center Health Program, adapted to serve a geographically dispersed population, and improved processes to make filing and amendments more accessible for claimants.”
Michael Barasch: Advocating for a VCF that remains responsive to victims’ needs
Barasch believes the changes to the VCF that have been implemented since it was established reflect a deeper understanding that the impact of 9/11 continues to unfold. However, he also believes ongoing evolution is essential for the system to remain responsive to the reality of victims’ needs.
“Awareness remains a major challenge, particularly among individuals who were exposed but have since moved away or never realized they were eligible,” Barasch explains. “There is also an ongoing need to streamline the process, reduce delays, and ensure claims and amendments are handled as efficiently as possible, especially as many claimants are dealing with serious or worsening health conditions.”
Barasch also highlights the important role played by the World Trade Center (WTC) Health Program in supporting ongoing relief for 9/11 victims. The WTC Health Program, which was authorized by the Zadroga Act, provides free medical and mental health services to a wide range of people affected by the 9/11 attacks. Guiding clients through the WTC Health Program and helping them to provide proof of presence in the 9/11 exposure zone is part of the work Barasch & McGarry does for the 9/11 community.
“Sustained coordination of the Victim Compensation Fund with the World Trade Center Health Program is critical to ensure that emerging conditions are recognized and that those affected can access both medical care and compensation without unnecessary barriers,” Barasch says.
Michael Barasch: Ensuring victims continue to receive the support they deserve
As Barasch & McGarry look toward the 25-year mark of 9/11 and beyond, the firm’s advocacy remains focused on ensuring the VCF remains grounded in fairness, accessibility, and compassion. Most importantly, Barasch believes the VCF must continue to recognize the long-term nature of 9/11-related illness.
“This is not just about responding to a past event,” Barasch says. “It is about honoring an ongoing obligation to a community that is still living with the consequences every day. The VCF was created to ensure that those who sacrificed or suffered as a result of 9/11 are treated with dignity and receive the support they deserve, and it must continue to function that way for as long as necessary.”
Be First to Comment