Rules of Eligibility
- The current rules state if any person was injured during the attacks
( in my case, New York City, but also Washington DC), that person
must have presented themselves and their case to a medical official
or hospital within 72 hours of the occurrence. Originally this was
24 hours but was revised. However it should be noted that the
Special Master reserves the right to alter these parameters as he
see fit.
Any comments made in this website
concerning the Victims Compensation Fund are directed firmly at the
statute and regulations of the fund and in no represent any
officers, administrators or representatives of the fund in anyway
whatsoever .
Some questions come to mind about the fund and compensation for
injured people: I figure three variables about the 72 hour ruling.
I.
Deceased-There is no need for further explanation on this
point, it's cut and dry. However using figures to asses loss that
are 27 years old, calculating income loss from earnings after tax
and factoring in life assurance, 401K's etc is ridiculous. Did the
fund pay for all this? No. So why are they staking claim to it in
their calculations? See the 'links' page for Fix
The Fund. That organization deals with this in far more detail.
II.
Injured-Sort Immediate Medical Attention. I have no
way of knowing but I am guessing that those that were seen by a
doctor under the original 24 hour rule were those people that had
serious visible injury; head wounds, cuts, broken limbs etc. Those
people that had immediate visual serious injury.
III.
Injured-But not aware of any deep injury that may
cause concern way after any 24 or 72 hour rule. The way I
interpret the 24-72 hour rule is that in order to qualify for
injured persons compensation the claimant must show that he/she is
hurt badly enough to see immediate medical attention. Mr. Feinberg
and the VCF must have the medical profession in turmoil by declaring
that if medical attention was not immediately found the injured
person could not have been injured badly enough. RUBBISH! Ask any
doctor if there are injuries that may take weeks, months possibly
years to be a problem.....An example, totally off the WTC subject
was the case of my dear mother. Three years after getting a bump on
the head from the kitchen cabinet door she went into a coma suddenly
and was found to have a life threatening blood clot in the brain!
Three years! Surgery saved her life. The doctor in this case told
the family that over time that blood clot grew and suddenly it was
sufficient size to be of concern. It would have not shown under any
x-ray or MRI for maybe months. The fact that she has headaches for a
few weeks, three years later, proved his case.
It's interesting to note that in a recent AP article published
March 25th 2003 the Workers Compensation Board of New York State
have allowed for a 2 year window for applications to be filed
because, as they put it, ' realization of injury'. How do you
interpret that? Are they saying that some injuries take longer to be
realized than others? Are they saying not all injuries take 24-72
hours to be realized. If the answer is yes, then the VCF clearly
disagree with the ruling or guidelines of a state appointed body.
My question is...Is there anyone out there that has an injury of any
sort that can relate to what I am outlining?. I know the answer to
my own question; YES! I saw them with my own eyes. I saw people
holding there heads, arms, legs etc and in visible distress. Some
with blood some with not. Now ask yourself this; if you were one of
those but only suffered a bruise would you have gone to hospital
that day or within 72 hours? Ask the doctor what to do about a
'bruise'. Let me not insult your intelligence.
So how the can this rule have any validity. Lets say this example is
you. And lets equate that injury to my mother.
You did not go to hospital because you did not think you were hurt
badly enough, maybe was a little scared to go outside into a WAR
ZONE and in my scenario a few years pass and bang! It hits you. You
cannot work for months or ever again. Where are you left? I will
tell you...up a long creek without a paddle.
Now can you see my point of view?
This law or whatever you can
call it needs to be changed. Each case needs to be awarded on
merit and actual medical fact. It's that simple. I really
thought the law was there to protect the innocent? Why are these
people not thinking about the state of the city for the week after
9/11? Is there no room for human anguish? Do they think we all went
about the city after all this happened. I remember hearing on the
news that before 9/11 there were approximately 7 'bomb' related
calls to NYPD per day. I guess these were things like someone seeing
a suspicious package that turned out to be a false alarm. Yet they
have to be checked. But after 9/11 this average rose to 47 per day.
Now that can paint a better picture of the mood of the city.
This is not just about me, its about everyone. I feel strongly
enough about this to try and somehow raises awareness..
I am not a doctor, I have no medical training, I guess that’s the
same for many of the people that designed and manage the fund. But I
do have common sense to know that there are holes all over this.
In my case numerous doctors have told me that my injury may not have
shown symptoms for many weeks maybe months and that it is consistent
with the problems I have now. I have never fallen or been hit in the
neck in any way. The injury and the medication that I take each day
just to take the edge of the pain has cost me my job and income.
Basically I have trouble typing as the injury has affected my hand
coordination and I know that eventually I need surgery. I have
little concentration and I have to spend most of the day lying down
as this has left me in a mess. No job no insurance. So how am I
supposed to be paying for that?
What happened to the American Dream I came in search off. It's
turned out to be a damn nightmare. Freedom and
Liberty
for all. Not
for the people who never came home, not for those who did not go to
hospital within the allotted time.
What about those people that gave their time to dig through the tons
of rubble who now have back problems? Are they being
compensated? If we all went to hospital every time we had a slight
pain or tingle I am sure that the medical system would be in a mess.
Does anyone remember what the mood of 9/11 was like in
New York
that night? I do. The TV
news reported that
New York
hospitals were overflowing.
They could not cope with the outpouring of victims, emergency
workers and volunteers. The city was on full alert and we were
all concerned with those needier than ourselves. Not by any stretch
of any sane person mind could something like this happen. For the
following ten days I saw people walking in the city like zombies, in
total disbelief. Surely the human factor has credibility here.
In spite of my pain, it seemed inappropriate to burden the hospital
system with what at the time seemed to a bad bruise. How many
of us have hurt ourselves and waited a few days to heal up, only to
find out our injuries were more serious than we thought? Or a
runny nose which turned out to be the flu, keeping us out of work?
I wonder if I had gone to an emergency room, would I have been seen?
Would I have been told to come back tomorrow as I was not a clear
emergency? But for the rules of the fund to make this sweeping
parameter on eligibility is ridiculous. Can you relate to this?
Had we all known about 'rules' involved in this unusual and
unexpected terrorist event, I am sure many people would have waited
in emergency rooms all over
New York
and
Washington
,
DC
, all night if necessary. But no
one was prepared for anything of this magnitude -- not even The
Special Master himself.