The cost of inaction, which is measured in families pushed into poverty, victims denied justice, and eroded trust in our institutions, far exceeds the investment required to fix these systems. The Zadroga Act proved that victim-centered compensation works. We must make these changes now.
In the years following the September 11th attacks of 2001, I watched firefighters and police officers walk into my law office with a quiet sorrow I’ll never forget. These were people who had rushed toward collapsing towers when everyone else ran away. They had spent months breathing toxic dust at Ground Zero, digging through debris with their bare hands. Now they were getting sick, and the system designed to help victims was failing them.
The original 9/11 Victim Compensation Fund had closed in 2003, leaving thousands of first responders with no recourse as their illnesses emerged years later. Those who tried to navigate existing state victim compensation programs hit arbitrary deadlines, mountains of paperwork, and eligibility requirements that seemed designed to exclude rather than include. I even remember one firefighter telling me he felt more defeated by the compensation process than he had at Ground Zero.
The James Zadroga Act, which I helped engineer, became law in 2011. It reopened the 9/11 fund and proved that victim compensation could be designed around survivors’ needs instead of bureaucratic convenience.
The lessons from that fight still matter today. The problems we solved for 9/11 victims exist everywhere. By putting survivors’ needs first, we created a model that other compensation programs can learn from.
How the Zadroga Act rewrote the rules for victim compensation
The Zadroga Act started with a simple but powerful question: What do victims actually need? Instead of forcing sick first responders to navigate a maze of bureaucracy, we built the system around their reality.
For one, we extended deadlines because we understood that cancer doesn’t work with government schedules. Affected communities suffering from 9/11-related illnesses decades after the event now have until 2090 to file. In contrast, most state compensation programs only provide victims with one to two years to file claims. This updated timeline provides critical pathways for justice and support.
We also eliminated punitive eligibility requirements that had nothing to do with someone’s victimization. Unlike state programs that deny compensation based on criminal history or “contributory misconduct,” the Zadroga Act focuses on whether you were there and if you’re sick as a result.
Most importantly, we provided comprehensive, long-term support. The Act created the World Trade Center (WTC) Health Program to provide ongoing monitoring and treatment. We understood that exposure victims need care for life, and that a one-time payout was not an appropriate solution for survivors.
The human impact of this legislation is beyond measure. I’ll never forget the call I got from a construction worker’s widow three years after the Act passed. Her husband had died of lung cancer, and she’d been terrified the family would lose their home paying for his treatment. “You gave us our lives back,” she told me. That’s what happens when you design compensation around human needs instead of administrative convenience.
State compensation programs still punish victims for being victims
While the Zadroga Act was helping 9/11 victims, state compensation programs across the country continued operating under rules that kept money away from the people who needed it most.
In 2019, nearly 40% of victim compensation denials in California were simply because victims failed to report crimes within arbitrary deadlines. In Georgia, 46% of denials were for “failure to cooperate with law enforcement,” a vague standard that gives administrators broad discretion to reject claims. In Florida, Black applicants were twice as likely to be denied due to criminal history, despite making up only 30% of applicants.
These barriers force families into impossible situations. Victims who can’t afford upfront medical costs get denied because compensation programs operate as “payers of last resort.” Others lose eligibility because they received GoFundMe donations to cover funeral expenses — money that compensation programs then count against them. Meanwhile, millions in compensation funds sit unused while families struggle to pay for basic needs.
I see these same patterns in my environmental work. Families exposed to toxic chemicals face identical obstacles: Tight deadlines that ignore the reality that sicknesses can take years to develop. Rules that blame victims for living in contaminated areas. Processes that exhaust people already dealing with illness and loss. Compensation systems should heal, not punish.
Five changes every victim compensation program needs today
The Zadroga Act is a direct response to the lived experiences of thousands of victims who navigated a system that once failed them. It’s also a roadmap that compensation programs should follow to truly serve their purpose, starting with:
- Removing punitive barriers. Criminal history has nothing to do with someone’s right to compensation after being victimized. Compensation should be based on harm suffered, not moral judgments about worthiness.
- Extending timelines. Trauma and illness don’t follow government schedules. State programs that demand reporting within 72 hours ignore medical reality.
- Putting the burden on agencies, not victims. When we designed the WTC Health Program, we made it our job to track down medical records and coordinate care. Victims shouldn’t need law degrees to access help.
- Expanding who qualifies. Include witnesses, family members, and entire communities affected by harm. The Zadroga Act covers not just first responders but construction workers, volunteers, and residents who lived near Ground Zero.
- Funding adequately and staffing properly. No compensation program works if it’s understaffed or underfunded. States must invest in the infrastructure needed to process claims quickly and fairly.
The cost of inaction, which is measured in families pushed into poverty, victims denied justice, and eroded trust in our institutions, far exceeds the investment required to fix these systems. The Zadroga Act proved that victim-centered compensation works. We must make these changes now.
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