W000644
November 21, 2001
Dear Mr. Attorney General,
As the elected legislator representing thousands of survivors of the September 11th
attacks and their families, I have a great interest in ensuring that they receive prompt and
adequate financial payment which would, in part, compensate them for their
incomprehensible losses. I am writing to urge you to include all of those who suffered
this grievous emotional loss and significant financial loss by employing the broadest
possible interpretation of the phrases "physical harm," "immediate aftermath" and
"collateral source." Proper application of these phrases, as used in this Act, is critical to
ensure that eligible survivors and family members receive just compensation and
appropriate awards.
Specifically, "physical harm" should include those suffering from post-traumatic
disorders due to the events of September 11th, for example, difficulty performing daily
tasks and/or normal functions. It is also critical to ensure that compensation is paid for
harm that arises or is discovered after a claim is filed or after the time frame for filing a
claim has passed. Survivors, rescue and recovery workers, and other persons in New
York City and elsewhere inhaled dangerous levels of toxic substances on September 11th
and after. The Attorney General's regulations must assure that harm resulting from these
exposures is fully compensable under the Act.
"Immediate aftermath" must be viewed in a broad geographic sense, as well. For
example, persons in other parts of Manhattan and in other New York communities may
have been miles away from "ground zero," yet suffered physical harm from toxic plumes
that were emitted.
The "collateral source" category described in the act must be narrowly drawn so as not to
punish survivors and family members who received assistance from charitable
organizations. "Collateral source" should only include funds received through a contract,
an enforceable agreement, or a protected interest in a government entitlement, such as a
social security benefit.
Further, compensation under the Act should be available without regard to the
immigration status of the victim, survivor or family member. The death and destruction
wrought by these tragic events did not discriminate based on age, gender, occupation or
legal status. All those injured and their survivors and family members should be
compensated. The Attorney General's regulation should provide that no person who
elects to seek compensation under the Act will be punished for that election.
Domestic partners and family members of domestic partners should receive
compensation in the same manner as the spouses and children of married partners. The
grief suffered by domestic partners and their family members is no less than that suffered
by traditional families; it should be compensated no less. In this instance I urge you to
follow the actions of Governor Pataki in his Executive Order relating to Crime Victim
Awards from the events of September 11th.
A waiver of rights occurs very early in the application process and before the statute of
limitations may have expired for the commencement of a civil action. As a result, those
claimants who suffered damages undiscovered at the time of filing a claim must have the
opportunity to withdraw their claim and rescind such a waiver. Allowing 60 days from
the time of a filed claim for the rescission of a waiver would balance fairness with
finality.
In addition, to facilitate the application process and avoid undue burden on the applicants,
claimants should be asked to submit no more documentation than is necessary to
demonstrate eligibility. Where a governmental entity has recognized a death or injury,
that recognition should be accepted under the Act without requiring additional proof.
Also, while the Act does not expressly address the issue, the Attorney General's
regulations should make clear that a claimant may administratively appeal any
determination of the Special Master. All forms and informational brochures should
include a toll-free telephone number applicants may call for assistance. Telephone
assistance should be available in all appropriate languages, in recognition of the
wonderful diversity of New York City.
To help ensure that all persons eligible for compensation under the Act learn of the
compensation fund, the Attorney General should develop a public outreach and
advertising campaign. Advertisements should contain objective information and offer a
toll-free telephone number. Advertising should not be a forum for campaign-style
rhetoric or the promotion of one or more public officials.
The clear intent of the Act is to assure generous compensation for survivors and family
members of the victims of these heinous attacks. Compensation should include lost
wages for the anticipated lifespan of the deceased, college expenses for children, lifetime
medical insurance and coverage for ongoing medical expenses. Economic loss should
include loss of earnings or other benefits related to employment, medical expense loss,
replacement services loss, loss due to death, burial costs and loss of business or
employment opportunities. The Attorney General's regulations should also assure
compensation for non-economic losses, including physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of
life, loss of society and companionship and injury to reputation.
The Act passed by Congress was intended to compensate the many survivors of the
terrible attacks of September 11th. I urge you to broadly define the criteria set forth in the
legislation, to ensure that those who were particularly victimized by the deaths of people
close to them in the attacks on September 11th can receive prompt and adequate
compensation.
Sincerely,
Individual Comment