Am I Waiving My Right To Participate in Future Lawsuits if I Register With the VCF?

Hope everybody had a wonderful Thanksgiving! This week, we’re addressing a common concern we frequently hear from our members. If you have questions you’d like us to cover on the blog, get in touch at info@stuyhealth.org.

A common question we get asked is what eligible people are “signing away” in registering for the VCF. The answer is pretty simple: registering for the VCF does not require you to waive any rights. In fact, we encourage anybody who was below Canal Street on or after 9/11 to do that now, whether or not they are sick. It’s quick and easy to do at claims.vcf.gov, which will take you to this screen:

Actually filing a VCF claim is a little different, however. In filing with the VCF you do not waive all of your legal rights to sue, but you do waive some.

Claimants with the VCF do NOT waive any rights to participate in JASTA lawsuits (Justice Against Sponsors of Terrorism Act), which are generally filed against other nations that supported or financed terrorist actions. Any compensation you receive as a result of one of those suits, however, either from a court or a settlement, is treated as an offset and deducted from your VCF award. 

Claimints DO waive their right to be a part of any civil lawsuits in state or federal court that are related to the events of September 11th. That’s because the VCF was actually established to be an expedited means of getting compensation to victims, intending to spare everybody the time and legal expense involved in filing multiple lawsuits. Essentially, the lawsuits that were filed in the aftermath of September 11th resulted in the VCF, which is available to everybody impacted regardless of whether they knew about these suits at the time. The VCF is an answer to earlier suits.

Claimants with the VCF also waive their right to file a claim with the U.S. Victims of State Sponsored Terrorism Fund (“USVSST Fund”). The USVSST Fund will stop processing the claims of an individuals that have initiated a VCF registration and been assigned a VCF claim number, even if the individual has not filed a claim with the VCF. 

Whether or not you participated in any early lawsuits on this issue, filing with the VCF is the best way to get the settlement you deserve, and was literally established as a response to a litany of earlier suits, many of which were confusing, expensive, and never paid out.

As always, you have questions about this issue, the VCF in general, or the treatment options available at the WTC Health Program, we’re here to help. Contact us below!