N001018
Thursday, December 27, 2001 3:53 PM
Brief Comment on Victims Compensation Fund
I lost my husband who worked in One WTC. I applaud Mr. Feinberg's efforts
to get this program up and running prior to the statutory deadline of
December 21, 2001. I feel that most provisions are fair, clear, and
reasonable under the circumstances, and would like to participate in the
program as soon as possible. However, I cannot submit my claim until one
critical issue is resolved with absolute certainty.
That is the issue of subrogation rights under the New York State Workers'
Compensation Law, which is clearly outlined in the comment letter from the
President of the Injured Workers' Bar Association dated November 27, 2001.
In that letter, he suggested that one way a claimant can protect his/her
rights to receive workers' compensation payments is to grant a lien to the
insurance company in a settlement agreement. I personally would not be
comfortable with such an uncertain arrangement. The only assuring way is
to amend the interim regulation to clearly provide that a waiver of the
right to sue in order to receive the federal payment is not the equivalent
of settling a third party action under any state law. It should not
require an action of Congress to do this. No matter how you choose to
clarify this issue, I would appreciate it if you could begin discussions
with the workers' insurance companies in order to resolve this apparent
conflict in the right of subrogation as soon as possible. I do not believe
that anyone in the right mind would participate in the program unless
he/she is assured that the workers' compensation payments are going to
continue subsequent to the participation.
Thank you very much for your attention to this matter. My contact
information, which I request to be treated confidentially along with my
name, is Stamford, CT.
Individual Comment