Wide Range of Payments Is Outlined in Ground Zero Suit

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Wide Range of Payments Is Outlined in Ground Zero Suit

Published: June 22, 2010
New York Times - By MIREYA NAVARRO

Under a new settlement reached this month, payments to rescue and cleanup workers who say their health was damaged at ground zero will range from a few thousand dollars to $1.8 million or more, lawyers for the workers said on Tuesday.

The lawyers released estimates of the payments in anticipation of a fairness hearing scheduled to be held in federal district court on Wednesday. The lawyers said that the estimates were based on still-unverified claims and that the actual payments might be higher or lower than the amounts specified in the estimates.

A claims administrator will review medical records and work history for each case and decide the amount that will be paid to each plaintiff or estate. Matthew L. Garretson, whose Ohio firm has been chosen for that job, said that under the terms of the settlement, the monetary value attached to each injury or illness is to be based on its type and severity and how strongly the condition can be linked to work at ground zero.

But the estimates released by the lawyers give some idea of how various cases might be valued under the settlement, which the city has agreed will total up to $712.5 million and which will be divided among some 10,000 workers. The health claims have been divided into four tiers, with the first three paying fixed amounts of $3,250 to $11,000, the lawyers said. The fourth tier has been reserved for the worst injuries or illnesses, which will be evaluated under a point system adjusted for length of exposure at ground zero, age, smoking history and other factors.

William H. Groner, one of the plaintiffs’ lawyers, said that about half the plaintiffs fall into the fourth tier, which he said would account for 94 percent of the settlement payout.

Under the system, someone with severe asthma or reactive airway disease, for example, could receive from $12,000 to $781,182, depending on the level of impairment and other variables. The payment for a claim of blood cancer, which is considered more difficult to link to the cleanup, would range from $244,380 to $298,687. A case in which the plaintiff died from an illness or injury could be as much as $1.8 million.

The amount of the payments could be increased if a plaintiff suffers from a permanent disability or an orthopedic injury, or has undergone surgery, Mr. Groner said.

Christine LaSala, president and chief executive of the WTC Captive Insurance Company, the city’s insurer that is paying the settlement, said: “In this settlement, what the parties really tried to do was to value each claim based on how sick people were and how strong their claim was, instead of just dividing up the pot.
“We really looked at the individuals.”

In meetings this month, the lawyers told plaintiffs that they should expect to receive letters with more detailed estimates of individual awards. The letters are expected to go out after Judge Alvin K. Hellerstein of the United States District Court in Manhattan formally approves the settlement.

At least 95 percent of the plaintiffs must approve the settlement by Sept. 30 for it to be valid.

In weighing their options, legal experts said, the workers need to consider how costly their injuries are and whether their claim is strong enough to win at trial if they decide to pass on the settlement.

Marc J. Bern, one of the leading lawyers for the plaintiffs, has said that many of the workers risked having their cases thrown out of court or getting less compensation if they went to trial, because under legal standards of proof, it would be difficult to link their injuries to ground zero or to establish the city’s liability.

A version of this article appeared in print on June 23, 2010, on page A25 of the New York edition.