The Victims Compensation Fund (VCF) was set up by Congress to cater for economic losses sustained by families because of the 9/11 attacks on this country, not just New York . In my interpretation it's there to provide financial compensation for all those families that lost a loved one, an income, or those people like me who were injured and have undergone changes in their personal, professional and financial situations.  

According to their website, (http://www.usdoj.gov/victimcompensation) their statement of purpose reads,   

“It is the purpose of this title to provide compensation to any individual (or relatives of a deceased individual) who was physically injured or killed as a result of the terrorist-related aircraft crashes of September 11, 2001 .”   

I understand it as ways and means to stop people suing the airline industry and to re-install faith and confidence in that industry. By limiting the amount of money that can be paid out for loss, by providing this money from the government the airlines can survive.  The airlines were also provided with special government loans to assist in covering foreseeable losses after the attacks.  As we know, the airlines industry as a whole is going through a tough time. Some of our biggest carriers in the US are either operating under Chapter 11 or quickly approaching it. A multitude of lawsuits resulting from of 9/11 would send it all into a spin, causing massive unemployment and undermining a huge part of our economy.   

Congress had recognized this and formed the Victims Compensation Fund. The new laws were quickly written along with the eligibility rules.  One person, Mr. Kenneth Feinberg was appointed the Special Master of the Fund. He has the ultimate and final decision on awards that are paid out.   

I want to make it clear that comments are in no way pointed at the character or personality of Mr. Kenneth Feinberg. I have never met this gentleman. My views are strictly pointed towards the Victims Compensation Fund and its management and administration.  

The VCF is not only for victims that suffered loss but also for persons that sustained injury as well. As I was injured I shall like to focus on the injured victims section. I have read some guidelines on the VCF website and while I am not going to repeat them here without permission I will add my interpretation.   

Being in the Physical Area - A person deemed to be injured is defined as someone who sought medical assistance within 72 hours of the occurrence. Does that take into consideration volunteers and city workers of all descriptions digging through the rubble for survivors?  What about their progressive injuries?  Are they also exempt from the fund? 

Another parameter is that you needed to be in the physical area of the attacks. The physical area covers The World Trade Center, The Pentagon and Shanksville , PA. As far as I know everyone at Shanksville was in the 'physical area."  (United Airlines Flight 93 came down in a field and I do not recall any reports about people on the ground being injured. If I am wrong please let me know)   

This means that a person needed to be present at the time of the crashes, in the buildings or portions of the buildings that were destroyed as a result of the crashes. This also includes any area contiguous to the crash sites that the Special Master determines was sufficiently close enough to the site that there was a demonstrable risk of physical harm resulting from the aircraft impact, subsequent fires, explosions or building collapses.   

In my case I estimate I was no further than one hundred yards away from the south face of the South Tower when the second plane struck. I was right outside the main doors of my offices at 90 West Street .  But exactly how far does this 'physical area' extend? How has the Special Master "measured" what the physical area is? There must be some determination here. I am not against all the guidelines. We don’t want someone sitting uptown in a coffee house stating they were in Manhattan as being in the physical area! 

Aftermath-The information on the Department of Justice website (www.usdoj.gov/victimcompensation) states that the word 'aftermath' means 12 hours after the crashes (or 96 hours for rescue workers). However, there were rescue workers on site without question for weeks and months, ranging from city employees to volunteers. Does this language mean that rescue workers are not eligible for compensation if they incurred an injury on or after the 97th hour?   

About Your Injury - The fund needs to know if the injury caused permanent or temporary disability. That’s fair.  Unfortunately I am not a fortune teller so I don't know if my injury will cause problems later on in my life. In normal liable cases if a person is injured in, for example, a car accident, the pending lawsuit takes into account any possible future problems that may arise down the line as a result of the accident. I agree with this. 

This is how disability is defined:   

Temporary-The Special Master may consider evidence regarding the length of the time the victim was absent from work. He is guided by the definition of temporary disability programs and/or private insurers. I vehemently disagree with this.     

Permanent-The Special Master will make a determination regarding whether the victim is incapable of performing his or her usual profession in light of the injuries.   

Total Permanent-The Special Master may accept a determination made by Social Security Administration without further medical evidence or review. He may also consider the determination of permanent disability made by other government agencies or private insurers in evaluating the claim. The Special Master may require an evaluation of the Victim's disability and ability to perform his or her occupation from medical experts.   

What evidence is required to determine eligibility? - The Victims Compensation Fund is a government program, yet in several areas in the guideline forms on the Dept. of Justice Victims Compensation website, there is mention of  "private insurers" as a source of information to determine disability and eligibility (source: DOJ SM-004, 3/28/02).  This is not the same as life assurance, yet the guidelines show that information is being taken from private insurance companies. If that's the case, why not turn it over to a select fund of insurers for administration?   Is the Victims Compensation Fund, or more specifically Mr. Feinberg, implying that private insurers know more about these qualifications than they do?  If so, why are they not the designated administrators of the fund?   

It's hard to accept that in a system of government that has committees left right and center, committees for just about everything, The United States Congress appoints one of the biggest Federal Funds for the worst terrorist attacks in history to be overseen by one man.  

 Why do you think that is? Is the government short staffed?