recently released an about how its operations have been impacted by COVID-19, and we want to provide you with additional information here. In short, the VCF is still operating, but with delays and limitations.

Payments Are Still Being Processed

Claims are still being processed by the VCF, as are payments. At a time when so many New Yorkers are out of work due to COVID-19, and many are suffering from the disease itself, the VCF recognizes how essential VCF payments are for claimants. While VCF payments may be delayed, payments continue to be processed on a daily basis, and the VCF indicates that it is “coordinating with [its] partners to minimize any delays.” However, if you do receive payments from the VCF, it is realistic to expect that payments could be delayed.

Contacting the VCF By Phone

If you need to, your only option at this point in time is to call the VCF Helpline. However, given that this is the primary method of communicating with the VCF during this time, the Helpline is experiencing “higher than normal call volumes.”

The VCF recommends that, unless the issue is time-sensitive and requires immediate attention, claimants or anyone with questions avoid leaving a voicemail message requesting a call back given the high call volume. If you are trying to contact the VCF about your hearing, the VCF requests that you do not call the Helpline with questions about your hearing—the VCF will contact you and, if necessary, will reschedule your hearing. We will say more about hearings shortly. The VCF Helpline remains operational during the Monday through Friday work week, with hours from 8:30 a.m. until 5:00 p.m. Eastern Standard Time (EST).

Your Hearing May Be Rescheduled or Shifted to the Telephone

As we said above, the VCF is currently requesting that anyone with a scheduled hearing not call the VCF Helpline. Instead, the VCF reports that it will contact anyone who has a hearing scheduled and will make plans either to reschedule the hearing for a later date or will shift the hearing to the telephone. To be clear, all in-person hearings have been canceled by the VCF “until further notice.” Accordingly, if you have an in-person hearing scheduled, you should not plan to attend in person.

If you have an in-person hearing scheduled, you should wait for the VCF to contact your attorney (or you) about rescheduling or shifting to a telephone hearing. Compensation hearings currently are being conducted over the telephone on what the VCF describes as a “trial basis.” Eligibility hearings currently are being rescheduled unless the eligibility hearing is for an expedited claim, in which case the hearings are being shifted to the telephone.

Correspondence with the VCF: Electronic Only

The VCF is not sending out any hardcopy mail—only electronic copies.

Deadlines for VCF Claims

If you have a set deadline in a letter you received from the VCF, you should assume that this deadline is still in effect. However, some deadlines will be extended. For example, if a person receives a denial letter electronically and does not appeal within the required 30-day window, that person will have a new 30-day appeal window upon receiving a hardcopy of the letter. If you have a deadline for submitting missing information, you should do your best to stick to the deadline so that your claim processing is not delayed further.

Seek Advice from a 91���� 9/11 VCF Lawyer

If you have questions about your VCF claim or payment and COVID-19, a New York 9/11 VCF attorney can help. Contact the Dearie Law Firm, P.C. for more information.

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In the meantime, the has provided some and the ways in which the Program is responding and adapting to necessities arising out of the pandemic. As the update explains, the current priority is to ensure that “all members are taking steps to protect their health,” and accordingly, clinics have changed the ways in which they see patients. The following are some of the key updates you should know about.

WTC Health Program Changes Are Distinct from VCF Operational Shifts

First, it is important to be clear that the WTC Health Program and the VCF are different from one another, and thus the ways in which the programs have made operational shifts as a result of COVID-19 differ from one another. While most people who have VCF claims and suffer from illnesses or injuries related to September 11th will participate in the WTC Health Program, the two are distinct. The WTC Health Program is administered by the U.S. Centers for Disease Control and Prevention (CDC), and it provides medical treatment and monitoring to people impacted by the September 11th attacks. The VCF is operated within the (DOJ), and it provides financial compensation to those who sustained injuries or illnesses as a result of 9/11 exposure.

In short, if you participate in the WTC Health Program and have a VCF claim, it is important to be aware of how both are shifting operations and procedures during the coronavirus pandemic.

WTC Health Program is Not Currently Delayed in Processing Enrollments and Claims

In its most recent update, the WTC Health Program indicated that it was not experiencing any delays in processing enrollments, certifications, or claims from participants. However, as the pandemic continues to evolve, it is important to check the WTC Health Program site through the CDC for updates.

Members Should Continue Getting Medical Treatment

You may be wondering if it is actually in your best interest to continue receiving medical monitoring or treatment during this time. As we mentioned above, the idea of leaving your New York apartment to see a healthcare provider might not seem like the smartest course of action at this time. The CDC underscores that “members should keep upcoming monitoring and treatment appointments” unless they are otherwise advised by the clinic where they see a healthcare provider. To be clear, however, these instructions do not necessarily mean that members should physically leave their homes to keep an appointment. Depending upon an individual’s circumstances, many clinics are providing telehealth care, which means “meeting” with a healthcare provider virtually over the phone or video.

In effect, clinics have rescheduled non-essential in-person appointments, and are shifting to telehealth for others.

You Can Get Your Prescriptions Delivered to Your 91����

WTC Health Program members should know that they have the option—and are encouraged to take advantage of it—of having their prescriptions delivered to them by mail through Optum 91���� Delivery. Patients with 30-day prescriptions are also eligible now for 90-day prescriptions.

Seek Advice from a 9/11 Compensation Lawyer in New York

If you are just beginning the process of seeking treatment through the WTC Health Program and compensation through the VCF, or if you have questions about your current rights and option, you should speak with a New York 9/11 compensation attorney about your situation. Contact the Dearie Law Firm, P.C. for more information.

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1. Responders and Survivors Can Be Eligible to File Claims

Emergency responders are not the only ones eligible to file claims. The VCF makes clear that the VCF was also designed to compensate anyone who was injured or killed as a result of the 9/11 attacks, or the debris-removal, or clean-up efforts afterward. Indeed, the VCF “compensates those who volunteered, lived, worked, went to school, or spent time in the affected areas between September 11, 2011, and May 30, 2002.” Any of these individuals may suffer from compensable health issues as a result, including “respiratory illnesses such as asthma and COPD, cancers, and traumatic injuries such as back, leg, and arm injuries.”

2. New York Applicants Must Have Been Present Within the “New York City Exposure Zone” or Along Routes of Debris Removal

To be eligible for benefits as a responder or a survivor, you must have spent time within the “New York City Exposure Zone.” This is defined as “the area of lower Manhattan south of Canal Street/ East Broadway/ Clinton Street.” It is important for anyone planning to file a claim for benefits with the VCF to know that the exposure zone boundaries for the VCF are not the same as the exposure zone boundaries for the .

3. You Must Prove That You Have a 9/11-Related Physical Illness That is a “Covered Condition” According to the WTC Health Program

Eligibility for VCF compensation requires you to prove that you have a 9/11-related physical illness or injury that has been classified as a “covered condition” by the WTC Health Program. To be eligible to obtain benefits, you must schedule an appointment with the WTC Health Program to get a certification.

4. Different Types of Documents Can Prove Your Presence at a 9/11 Site

Claimants can provide many different types of documents to prove that they were in the New York City Exposure Zone for purposes of VCF eligibility. Employers, unions, and a wide variety of additional organizations can provide this information.

5. You Must Register with the VCF

In order to be eligible to receive compensation from the VCF by filing a claim, you will first need to register with the VCF. Registering with the VCF and filing a claim, to be clear, are two different things. The registration deadline—not the filing deadline—is July 29, 2021. As the page explains, as long as you have registered by July 29, 2021, “then your claim will be considered timely regardless of when it is filed.” It is also important to know that registering does not obligate you to file a claim, but it does preserve your right to file a claim in the future. The registration deadline (and the requirement of registration) is also applicable to Deceased claims.

Contact a New York 9/11 VCF Lawyer for Assistance

If you have questions about filing a VCF claim or about any of the necessary steps you must take in order to file a claim, one of the experienced New York 9/11 VCF attorneys at our firm can assist you. Contact The Dearie Law Firm, P.C. today for more information about how we can help.

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The following are some important things to know about the coronavirus pandemic, the VCF, and the WTC Health Program.

9/11 Survivors and Responders with Respiratory Disease May Be at Greater Risk of Illness from the Novel Coronavirus

Many of the illnesses suffered by 9/11 responders and survivors are related to the respiratory system. Indeed, the “covered conditions” under the WTC Health Program, for which a responder or survivor may be eligible to receive compensation from the VCF, include a wide variety of illnesses and diseases connected to the respiratory system. Some of those illnesses include lesions or diseases of the bronchus and lung, the heart, mediastinum, pleura, and other “ill-defined sites in the respiratory system and intrathoracic organs.” For responders and survivors who are already receiving treatment through the WTC Health Program or are planning to apply for benefits from the VCF, it is important to understand how coronavirus could impact your health.

The CDC explains that COVID-19 may disproportionately impact people aged 65 years and older, as well as people with certain underlying medical conditions, particularly those affecting the respiratory tract. For example, people who suffer from lung disease or asthma, or people who have serious heart conditions, could be at increased risk of a severe case of COVID-19.

Seeking Help for Respiratory Illnesses Caused By 9/11 Exposure

If you have a covered respiratory illness as a result of exposure as a responder or survivor after 9/11 and you have not already registered with the VCF, that should be your first step. By registering, you are not required to submit a claim at a later date; yet registering is what allows you to have the ability to file a claim at a later date. Anyone who is planning to seek benefits must register by July 29, 2021.

Once you have registered, you can begin the process of filing a claim. To obtain compensation from the VCF, you are required to submit a variety of materials and documentation to prove that you qualify as a responder or survivor, and that you were exposed in the “New York City Exposure Zone.” While in-person offices for the VCF and the WTC Health Program are largely are closed as a result of the coronavirus pandemic, beneficiaries still have multiple options for seeking assistance. The VCF has a helpline that is open from Monday through Friday, from 8:30 a.m. until 5:00 p.m. The WTC Health Program has expanded its use of telehealth services, and it has also implemented in-person safeguards for essential appointments.

Seek Assistance from a 9/11 VCF Lawyer

If you need assistance determining your eligibility for VCF benefits or the WTC Health Program during the coronavirus pandemic, an experienced 9/11 VCF attorney at our firm can assist you. Contact The Dearie Law Firm, P.C. to learn more about the services we provide to New York responders, survivors, and their families regardless of where you might now be residing.

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What is Neuropathy?

According to the , peripheral neuropathy is a condition that results from “damage to the nerves outside the brain and spinal cord,” which are the peripheral nerves. When a person suffers from peripheral neuropathy, she or he often will experience weakness, numbness, and/or pain, which typically occurs in the person’s hands or feet. However, symptoms can also appear in other parts of the body. People who suffer from peripheral neuropathy say that the pain symptoms they experience feel like a “stabbing, burning, or tingling” sensation.

Most frequently, peripheral neuropathy is caused by “traumatic injuries, infections, metabolic problems, inherited causes, and exposure to toxins.” Typically, patients with peripheral neuropathy need pain medications to reduce the pain they experience from the condition.

How Many First Responders Suffer from Peripheral Neuropathy?

A recent study published in the determined that a strikingly high percentage of the first responders at the World Trade Center suffer from peripheral neuropathy. In their study, the researchers gathered data from a total of 9,239 firefighters and emergency medical service workers who were exposed to toxins at the WTC that could lead to peripheral neuropathy.

They found that approximately 25 percent of the workers who are currently aged 40 and older have symptoms of peripheral neuropathy. Accordingly, they concluded, based on this data and other related information, that peripheral neuropathy is “associated with WTC-exposure intensity.”

Are First Responders with Peripheral Neuropathy Eligible for a Payout from the 9/11 VCF?

Currently, peripheral neuropathy is not one of the . Although other studies, too, have determined that exposure to certain dust and toxins at the WTC ultimately was linked to emergency responders developing peripheral neuropathy, it is not a condition that has been added to the list. While a malignant neoplasm of the peripheral nerves is a covered condition, peripheral neuropathy is not yet listed.

Are There Alternatives to VCF Compensation for Neuropathy?

As we mentioned above, other conditions that may also be related to exposure to toxins at the WTC could be eligible for compensation through the VCF. If you are unsure about whether your condition enables you to apply for compensation through the VCF, you should speak with an experienced 9/11 VCF attorney. In the meantime, first responders who suffer from peripheral neuropathy may have options beyond the VCF for compensation, such as certain disability benefits depending upon the severity of the condition.

Discuss Your Case with a New York 9/11 VCF Lawyer

We know how frustrating it can be to learn that a specific condition is not covered under the VCF even if it arose out of exposure to dust and other chemicals at the site of the attacks. Many victims who suffer from peripheral neuropathy also have other conditions that resulted from their work on 9/11 and may be eligible to obtain VCF compensation for another related illness or injury.

One of the experienced 9/11 VCF lawyers at our firm can begin working with you on your claim. Contact the Dearie Law Firm, P.C. to learn more about how we can assist you.

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We are committed to doing our part to slow the spread of COVID-19 by helping to keep our clients, staff and community healthy.  We will continue to closely monitor new developments in the event that we need to make any further changes.  We appreciate your patience and understanding as we figure out this “new normal” together.

Finally, we would like to take this opportunity to thank every health care provider who continues to put themselves at risk to help those in need.  Our heartfelt gratitude goes out to them.

We will still be “meeting” clients via phone or virtually through video conferencing.  For your convenience, we have established several ways in which to get in touch:

Call us: (800) 233-2743 or (212) 980-0404

Email us:   info@dearielaw.com

Website: 91����

Video Chat from the comfort of your home.

Coronavirus (COVID-19) Resources

For information on the coronavirus, including prevention, symptoms and impact, please visit the and websites.  Always check with your state and local governments for any specific measures that may be in place.

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If you initially filed a claim for benefits and received a denial, this does not have to be the final say in whether you are eligible for compensation. To be sure, there are appeal options, and one of the our dedicated New York 9/11 VCF lawyers can help you to appeal the decision. You should get in touch with an advocate at The Dearie Law Firm, P.C. to get started on your appeal, but in the meantime, the following are some of the top things that you should know about appealing a 9/11 VCF claim denial.

Your Denial Will Come with Appeals Information

If you do receive a denial letter, that letter will include information about appealing the decision. You should not attempt to appeal on your own—the process is complicated, and you will need help from a 9/11 VCF attorney. The VCF clarifies that you can only appeal “if your eligibility denial letter or award letter includes an Appeal Request Form.”

You Only Have 30 Days to Indicate Your Intention to Appeal

One of the most important things to know about appealing a denial is that you will only have 30 days from when the VCF notifies you of your ineligibility to file your Appeal Request. The makes clear that you must file that form indicating your intention to appeal within this limited time window.

Your Appeal Must Include A Variety of Materials and Be Submitted Within 60 Days

After you return the Appeal Request Form to the VCF, you will need to get all of your appeals materials together quickly and submit them to the VCF. You will only have 60 days from the date of your decision letter to submit your Appeal Package. In one package—all appeal materials must be in a single Appeal Package—you must submit a Pre-Hearing Questionnaire, an Explanation of Appeal, and every piece of relevant documentation that supports your appeal.

Appealing is Different from Amending Your Claim

Do not immediately file an appeal: you could be better off simply amending your claim. As the fact sheet explains, whether you should file an appeal or amend your claim depends upon the reason for your compensation denial. If you have additional information that you did not initially submit with your claim, or if your circumstances changed since you received the denial, you will likely want to amend your claim instead of filing an appeal.

You Can Appeal If You Received the Wrong Amount of Compensation

Even if the VCF says you are eligible for benefits, you may still need to file an appeal if you believe the amount of compensation is incorrect and that the VCF made an error in calculating the total amount of your compensation award.

Contact a 9/11 VCF Attorney in New York

At The Dearie Law Firm, P.C., we are a team of New York attorneys committed to helping first responders and their families who are entitled to compensation under the 9/11 VCF. [When you apply for benefits and are denied, we know that denial can be devastating – how about:  We know that being denied access to benefits arising from 9/11 exposure can be devastating – or something along those lines]. For first responders who continue to suffer the consequences of exposure to harmful toxins, dust, and other materials at the WTC, it is essential to take all necessary steps to obtain financial compensation. We can also discuss potential options for compensation that you may not have considered.

A dedicated New York 9/11 VCF attorney can speak with you today about your case and appealing the decision to deny you compensation. Contact The Dearie Law Firm, P.C. for more information about the services we provide to first responders and their families regardless of where you might now be residing.

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Given that almost two decades have passed since the creation of the VCF, it is an important time to revisit the VCF and how it applies to individuals and families in 2020 and beyond. The following are five things to know about the VCF in 2020.

1. VCF Permanent Reauthorization Act Extends Claim Filing Deadline to 2090

On July 29, 2019, President Trump signed the into law. Most significantly, the Act significantly extends the filing deadline for victims who would be eligible for claims under the VCF. While the previous authorization extended funding only until 2021, the recent authorization requires that the VCF remain funded until 2092, with claimants able to make claims until October 1, 2090.

2. Reauthorization Eradicates Reductions Announced By Special Master Back in February 2019

Back in February 2019, the Special Master announced that the amount of money left in the VCF was insufficient to cover currently pending and future claims, according to a . More specifically, the Special Master indicated that the $7.375 billion that had been allotted to the VCF would not be sufficient and, accordingly, reduced claim amounts. The reauthorization requires the VCF to issue payments to “any claimants who were impacted by the reductions,” according to a from the VCF.

3. Claims Process Will Remain Similar to Previous Claims Processes Under the VCF

Generally speaking, the process for filing a claim will remain the same. Claimants must submit specific forms and a variety of required documents. As before, claims will generally be reviewed in the order in which they were submitted. However, in certain cases, it may be possible to accelerate review of your claim. If a claimant suffers from a terminal illness or a significant financial hardship, that claimant can request that the claim be expedited.

4. Victims Can Pursue Claims with the VCF and the U.S. Victims of State Sponsored Terrorism (USVSST) Fund

In 2020, you will be able to pursue claims with the VCF and the U.S. Victims of State Sponsored Terrorism (USVSST) Fund. The USVSST Fund Clarification Act, which Congress passed on November 21, 2019, allows September 11th victims, their dependents, and their widows to pursue a claim with the USVSST Fund even if they have received compensation or applied for it with the VCF.

5. There Are Still Caps on Certain Types of Damages Awarded through the VCF

When President Obama reauthorized the VCF in 2015 (he signed into law a bill that reauthorized the James Zadroga 9/11 Health and Compensation Act of 2010, which also reauthorized the VCF), the law made some changes to the way that the VCF calculates a claimant’s loss. In addition, the law capped certain types of damages. First, non-economic damages are capped. Non-economic damages are those that are subjective in nature, and typically include losses like a victim’s pain and suffering, or the loss of enjoyment of life as a result of the injury or disease. The law capped non-economic damages for losses that resulted from cancer at $250,000, and it capped non-economic damages that did not result from cancer at $90,000.

The recent law signed by Trump does not eradicate these caps on non-economic damages, but it allows the Special Master to go beyond the caps under “special circumstances.” Special circumstances might include those in which the cap is insufficient to compensate the specific victim for his or her losses.

Contact a 9/11 Victim Compensation Fund Lawyer in New York City

If you need assistance with a VCF claim, one of our experienced 9/11 Victim Compensation Fund attorneys at our Firm can get started on your case today. We are dedicated to helping those who worked or lived in 91���� near the 9/11 area, passed through the area on a regular basis and/or worked on equipment coming from the 9/11 area or anyone else who was affected by 9/11. We know how important it is to get the compensation you need. Contact The Dearie Law Firm, P.C. for more information about our services.

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That being said, obtaining workers’ compensation can sometimes prove to be challenging. If you are struggling to get your full and fair benefits, you need to know how to protect your rights. In this article, our New York City workers’ compensation attorneys provide an overview of the process of filing a workers’ comp claim, and, if necessary, appealing a denial.

You Must Notify Your Employer and File a Claim

First and foremost, injured employees have a legal responsibility to report workplace accidents to their supervisor. To ensure that your injuries are properly recorded, you should submit a written notice to your employer within 30 days of the incident. From there, you should submit the . If you have questions about completing this form, contact a lawyer for help.

Initial Appeal: Workers’ Compensation Board Panel Hearing

Ideally, your workers’ comp benefits will be paid shortly after you submit your claim. However, if that does not occur, you need to be ready to file an appeal. As explained by the , your initial workers’ comp appeal will be heard by a panel of three administrative judges. This is often referred to as a ‘board panel hearing’. If your claim was denied, contact a lawyer immediately. Your New York workers’ comp lawyer will make sure that your appeal is submitted in time.

Escalate the Appeal: Request a Full Board Review

If your claim for benefits was not approved by the panel of judges, you will then have the right to request a full Board review of your claim. This is the final stage of the administrative appeals process. To be clear, the Board may not grant your claim for a full review — they have the discretion to refuse to hear cases. Still, you must file for a full review to be eligible to move forward in the appeals process. It is a required step.

Take Your Workers’ Comp Appeal to Court

In some cases, injured workers will be forced to take their case to court to get the full and fair benefits that they deserve. If your administrative appeal was denied, you have the right to bring your claim to the Appellate Division. While most workers’ comp appeals are either settled or resolved at the administrative level, there are some appeals that make it all the way to state court.

Get Help From Our New York Workers’ Comp Attorneys Today

At The Dearie Law Firm, P.C., our New York City workers’ compensation lawyers are standing by, ready to protect your rights. If your workers’ comp claim was denied, you should seek professional representation. For a free, no obligation review of your workers’ comp claim, please contact our law firm right away. We have permanent law offices in Manhattan, and The Bronx, and mobile offices that travel throughout the greater New York metropolitan area.

The post Your Guide to Appealing a Workers’ Comp Denial in New York appeared first on The Dearie Law Firm, P.C..

Unfortunately, construction companies and property developers do not always take proper safety precautions when setting up and using cranes. When a crane accident occurs, the consequences can be truly devastating, even deadly. Here, our skilled New York City crane accident lawyers explain the key things you need to know about crane accident liability in New York.

Many Defendants May Be Held Liable for a Crane Accident

Crane accidents happen for a wide range of different reasons — from lack of employee training or improper crane assembly to companies carelessly rushing through projects or failing to conduct adequate inspections. Regardless of why a crane accident occurs, negligent parties can be held liable for the resulting damages. Negligence is the failure to act with the level of care with which someone of reasonable prudence would have acted under similar conditions. For reference, some of the defendants that could potentially be held liable for a crane accident in New York City include:

• Property owners;
• Project management companies;
• Real estate developers;
• Construction companies;
• Other contractors and subcontractors;
• Architects or engineers;
• Construction inspection firms; or
• Crane manufacturers.

New York is a pure state (), meaning multiple parties may share the responsibility for a single crane accident. Indeed, in many cases, crane accidents happen because of safety failures at multiple different levels, often resulting in more than one defendant. Notably, under New York state law, plaintiffs may still be eligible to recover some financial compensation even if they were partially at fault and contributed to the accident.

Every Crane Accident Requires a Comprehensive Investigation

For a variety of reasons, crane accident claims are extremely complex. With so many different defendants that may bear liability, it is not uncommon for them to try to push culpability onto one another in an effort to protect their own financial interests. If you were hurt in a crane accident, it is imperative that a comprehensive investigation be conducted to determine exactly what happened, why it happened, and who was at fault. All negligent parties must be held accountable.

Get Legal Guidance From an Experienced New York, NY Crane Accident Attorney Today

At The Dearie Law Firm, P.C., our New York construction accident lawyers have the skills and experience to handle the full range of crane accidents. If you or your family member was injured or killed as a result of a crane accident, we are here to help.

To request a free, no obligation legal consultation, please contact our legal team right away. From our law offices in Manhattan, the Bronx, and our mobile offices, we handle construction accident claims throughout the region.

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