N001610

Monday, January 14, 2002 5:45 PM
September 11 Victims Compensation Fund Comment

Importance: High

I was seriously injured during the attack on the Pentagon on 9-11-01 and spent 7 days in the hospital and another 30 days confined to home health care. I received second and third degree burns on my head and both arms. My concern is that there is no specific information in the interim rule that gives seriously injured personnel a basis of whether to enter the Sep 11 Victims Compensation Fund program. As written, the special master will determine the award of serious injured personnel on a case by case basis. I believe this process is not fair and serious injured personnel must have an idea or a minimum amount of compensation they can expect before they make a decision to enter the program and forego any right to sue a later date or to decide to litigate in court.

The formulas for individuals who lost a loved one are clear and would give the families of the victims a basis for a decision to enter the program. No such information or guidance exists for seriously injured personnel that my have long term health concerns subject the injuries they received on 9-11-01. I strongly recommend that the special master include in a revision of the final rules of this program specific amounts for non-economic losses for seriously injured personnel if they decide to enter the program. The definition of seriously injured (being hospitalized for a period of 7 days or more) or those who have developed a temporary or permanent disability can be a start point to what personnel will be eligible for the minimum amount of non-economic loss. BOTTOM LINE: Seriously injured personnel need more specific guidance in the final rule to determine whether to enter the program or not.

Individual Comment
Springfield, VA

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