September 11th Victim Compensation Fund

The September 11th Victim Compensation Fund (VCF) is a federal no-fault compensation program that pays individuals who were physically harmed — or the families of those who died — as a result of the September 11, 2001 terrorist attacks and their aftermath. The VCF is one of the largest federal compensation programs ever created: as of the 2025 Annual Report, it has paid more than $16.8 billion to over 71,000 claimants since reopening in October 2011, including thousands of first responders who developed cancer and respiratory conditions from exposure to Ground Zero toxins years after the attacks.

Current Rule (2026)

What This Rule Does

The September 11th Victim Compensation Fund provides financial compensation — paid by the federal government — to two categories of people: (1) individuals physically harmed in the September 11 attacks or their immediate aftermath, and (2) personal representatives of those who died. Congress created the VCF in the Air Transportation Safety and System Stabilization Act, enacted just 11 days after the attacks, as an alternative to tort litigation — claimants who accept VCF awards must waive their right to sue the airlines, airport operators, and other potentially liable parties in civil court.

The fund distinguishes between Group A claims (personal injury — survivor and first responder claims for covered physical conditions) and Group B claims (wrongful death — claims brought by the personal representatives of individuals who died in the attacks or later from 9/11-related conditions). Both categories are administered by a DOJ Special Master, appointed by the Attorney General, who evaluates claims, conducts hearings, and authorizes payments.

The fund was initially limited to the original attack victims (2001–2004). The James Zadroga 9/11 Health and Compensation Act of 2010 (named for the first NYPD detective confirmed to have died from WTC-related illness) reauthorized the VCF specifically for first responders and survivors who developed illness after the original fund closed. The Never Again — Never Forget Act of 2019 — passed after years of advocacy by first responders and comedian Jon Stewart — permanently reauthorized the VCF with no sunset date and uncapped appropriations through 2092, ensuring that anyone who develops a 9/11-related condition in the future can still apply for compensation.

Key Provisions

• § 104.2 — Eligibility categories: Group A (personal injury): the Special Master must have transmitted a final award determination; Group B (wrongful death): the claimant is the Personal Representative of an individual who died as a result of the September 11 attacks or a covered physical condition; eligibility requires that the claimant was present at a 9/11 crash site, at the Pentagon, at a rescue/recovery operation, or in the immediate vicinity during the attacks or cleanup period
• § 104.21 — Presumptively covered conditions: the Special Master maintains and publishes a list of medical conditions that are presumed to have resulted from 9/11 exposure without requiring individual proof of causation; the list covers WTC-related cancers (68+ types, including blood cancers, solid tumors, and aerodigestive cancers), respiratory conditions (asthma, GERD, rhinosinusitis), and other conditions documented in 9/11 health registries; conditions not on the presumptive list may still qualify if the claimant provides medical evidence of causation
• § 104.22 — Filing for compensation: a compensation claim is "filed" when the Special Master receives a complete compensation form; electronic and mail filing are accepted; claimants may amend filings to include additional conditions that develop after initial filing (important for cancers that have long latency periods)
• § 104.31 — Claims evaluation procedure: Claims Evaluators conduct initial review; incomplete submissions trigger a deficiency notice; once deemed complete, the claim proceeds to eligibility review
• § 104.32 — Eligibility appeal: claimants found ineligible may appeal to the Special Master within 30 days; the Special Master may reverse, modify, or affirm the Claims Evaluator's determination
• § 104.33 — Hearings: hearings before the Special Master or designee are informal; the objective is to allow the claimant to present information about their health and economic situation; hearings may be in-person or by telephone; claimants may have legal representation
• § 104.41 — Amount of compensation: the Special Master calculates compensation based on the claimant's economic and non-economic losses; economic loss is determined by pre-attack income and life expectancy (for death claims) or the claimant's lost earning capacity (for injury claims); the Special Master has broad discretion to account for the specific facts of each claim
• § 104.43 — Economic loss for decedents: the Special Master calculates presumed economic loss for Personal Representatives based on the decedent's income at the time of death, projected career trajectory, and expected working years; this produces highly variable awards — the original fund paid average awards of ~$2 million per death claim, ranging from under $500,000 to over $7 million depending on income level
• § 104.44 — Non-economic losses for death: the presumed non-economic loss (pain, suffering, loss of companionship) for an eligible death is $250,000 plus $100,000 per dependent of the deceased; these amounts may be adjusted upward for circumstances of particular harm
• § 104.45 — Economic loss for injured claimants: economic loss for injured (non-death) claimants is calculated based on lost earnings from the physical condition — for first responders with cancer who can no longer work, this can produce multi-million dollar awards
• § 104.47 — Collateral source offsets: the award is reduced by collateral source compensation the claimant has received or is entitled to receive: life insurance proceeds, workers' compensation, Social Security disability benefits, employer-paid disability, and other governmental and private compensation; the offset prevents double-recovery but has been a major source of controversy — first responders who received workers' compensation for their injuries face significant award reductions
• § 104.51 — Payment timing: the Special Master shall authorize payment of an award within 20 days after the award becomes final; payments are made to the claimant or, for death claims, to the Personal Representative
• § 104.61 — Civil action waiver: filing a VCF claim waives the right to bring a civil action for the same harm against airlines, aircraft manufacturers, airport operators, and any other potentially liable parties; the waiver is permanent and applies to all eligible damages; this is the fundamental trade-off of the VCF — certainty of payment from the government in exchange for giving up tort remedies; some claimants with strong liability cases (particularly families with evidence of specific negligence) chose not to file VCF claims in order to pursue litigation
• § 104.62 — Filing deadline: Group B (death) claims that were not filed by December 17, 2015 under the original Zadroga Act provisions may still be filed under the 2019 permanent reauthorization; under the Never Again Act, eligible claimants may file until October 1, 2090
• § 104.71 — Fraud prevention: the Special Master reviews claims for fraud; ATSSSA authorizes criminal penalties for fraudulent claims
• § 104.81 — Attorney fee cap: attorneys and other representatives may not charge more than 10% of the award for their services in connection with a VCF claim; this fee cap protects claimants from contingency-fee arrangements that would consume a significant portion of their awards; the cap is non-waivable

How It Affects You

If you are a 9/11 first responder, survivor, or resident: If you were present at a Ground Zero site, rescue/recovery operation, or in the immediate vicinity of the World Trade Center, Pentagon, or Shanksville crash sites on September 11, 2001, or in the days and months of cleanup, you may be eligible to file a VCF claim. Importantly, you do not need to have been diagnosed yet — you can register with the World Trade Center Health Program (WTCHP) now and file a VCF claim if you are later diagnosed with a covered condition. Registration preserves your eligibility regardless of when you are diagnosed.

If you are a family member of someone who died from a 9/11-related condition: If your family member developed a covered physical condition — including WTC-related cancer — that contributed to their death, you may be eligible to file a wrongful death (Group B) claim even if the death occurred years or decades after the attacks. Filing deadline is October 1, 2090 under the permanent reauthorization.

If you are represented by an attorney: the 10% fee cap (§ 104.81) significantly limits what attorneys can charge; VCF claims are not high-fee contingency cases. Many claimants file without attorneys, and the VCF provides free assistance with the application process. Attorneys who violate the fee cap face criminal penalties.

Legal Authority

• Pub. L. 107-42, §§ 401–414 (Air Transportation Safety and System Stabilization Act, ATSSSA, 2001) — created the original VCF within 11 days of September 11; established the Special Master structure, eligibility framework, civil action waiver requirement, and compensation methodology
• Pub. L. 111-347 (James Zadroga 9/11 Health and Compensation Act, 2010) — reauthorized the VCF for first responders and survivors with delayed-onset illness; added $2.775 billion in initial funding; established the World Trade Center Health Program (WTCHP) presumptive conditions list
• Pub. L. 116-34 (Never Again — Never Forget Act, 2019) — permanently reauthorized the VCF with unlimited appropriations through 2092; eliminated the annual funding cap that had caused the Special Master to reduce awards by up to 70% in 2019
• 28 CFR Part 104 — DOJ implementing regulations; governs eligibility determination, claim registration deadlines, award calculation methodology (economic + non-economic loss), appeal procedures, and civil action waiver

Key Mechanics

The VCF is a federal no-fault compensation program: eligible claimants receive awards without proving fault or going to trial, but must waive their right to sue airlines, airport operators, and other potentially liable parties in civil court (ATSSSA §§ 405-408). A DOJ Special Master (appointed by the Attorney General) evaluates claims, conducts hearings, and authorizes awards. Two claim categories: Group A (personal injury — survivors and first responders with covered physical conditions); Group B (wrongful death — personal representatives of those who died from 9/11-related conditions). Award calculation: non-economic loss (pain and suffering) is set by VCF regulations at a fixed schedule based on injury severity; economic loss (lost earnings, future income) is calculated individually based on the claimant's earnings history, age, and projected work life. Covered conditions include injuries from the initial attacks and conditions (primarily cancers and respiratory diseases) certified as 9/11-related by the World Trade Center Health Program. 2019 permanent reauthorization eliminated the sunset and uncapped appropriations — the fund now operates on a permanent basis with no total dollar limit. As of the 2025 Annual Report, the VCF has paid more than $16.8 billion to over 71,000 claimants. Filing deadlines: first-responders and survivors must register by October 2090 and submit claims by October 2091.

Statutory Authority

This rule implements:

• Pub. L. 107-42, §§ 401–414 (ATSSSA) — created the original VCF within days of September 11; established the Special Master, eligibility framework, civil action waiver, and compensation methodology
• Pub. L. 111-347 (Zadroga Act, 2010) — reauthorized the VCF specifically for first responders and survivors with delayed-onset illness; added $2.775 billion in new funding; created the presumptive conditions list and WTCHP
• Pub. L. 116-34 (Never Again — Never Forget Act, 2019) — permanently reauthorized the VCF with unlimited appropriations through 2092; eliminated the annual funding cap that had caused the Special Master to reduce awards across the board by up to 70% in 2019; key advocates: first responders, Jon Stewart, New York congressional delegation

Recent Rulemakings

2019 major amendment (84 FR 34929, July 18, 2019) — following the permanent reauthorization, the Special Master amended Part 104 to eliminate the funding reduction mechanism (which had temporarily cut awards when the Zadroga Act's capped funding was being exhausted), extend filing deadlines, and update procedures to reflect the unlimited appropriation. This was the most significant change to the VCF since the fund's creation.

Pending Action