Important Update on Your World Trade Center Case And Zadroga
Dear Client,
We are very pleased to report that on September 29, 2010, the United States House of Representatives passed the James Zadroga 9/11 Health and Compensation Act of 2010 ("Zadroga"), by a wide margin of 268-160. As many of you know we have worked tirelessly for several years to get the bill passed in its most beneficial form, which now allows you to settle your case against the City and Contractors AND to still apply for compensation under Zadroga. Any settlement money you receive for your World Trade Center case prior to Zadroga's enactment will be deemed a "set-off" (a dollar-for-dollar deduction) against the benefits payable under Zadroga for a Victims' Compensation Fund payment (the litigation set-off will not reduce the health benefits payable under Zadroga).
However, pursuant to this Bill, if you have sued the City and/or Contractors, etc, as a practical matter, you can only apply for Zadroga compensation if you settle and release all claims before the final enactment of the Zadroga Bill.* "Enactment" of a Bill means that the Bill has been finally approved by the U.S. House of Representatives ("House"), the U.S. Senate and signed by the President. Here is the relevant excerpt from Zadroga:
"(iii) SETTLED ACTIONS - in the case of an individual who settled a civil action described in clause (i), such individual may not submit a claim under this title unless such action was commenced after December 22, 2003 and a release of all claims in such action was tendered prior to the date on which the James Zadroga 9/11 Health and Compensation Act of 2010 was enacted."
If you have not yet opted into the settlement with the City/Contractors, you must opt-in now in order to avoid losing the compensation you may be entitled to under Zadroga, if the bill passes. By opting into the settlement with the City/Contractors, you will have the benefit of potentially securing compensation from both sources, i.e., your lawsuit and Zadroga. Therefore, if you want to protect your future rights to any compensation you may be entitled under Zadroga, you must opt-in to the settlement with the City and Contractors immediately .
A copy of the text of the Zadroga Bill is on our website at www.877wtchero.com.
If you need help filling out your settlement package, please call us today, toll free at (800) 683-0852.
Worby Groner Edelman & Napoli Bern, LLP
>* You could also apply for Zadroga benefits by withdrawing (discontinuing) your lawsuit without settling under the SPA. However, if the Zadroga bill is not enacted, then you would recover nothing under the litigation and nothing under Zadroga. If you want to discuss the option of withdrawing your lawsuit, please call us immediately to discuss that option.
