Ground Zero workers urged to accept settlement

Workers survey the ruins of the World Trade Center in... — Workers survey the ruins of the World Trade Center in Manhattan, as cleanup and searching for victims continued. (Oct. 2, 2001) Credit: AP

By ANTHONY M. DESTEFANOanthony.destefano@newsday.comJune 22, 2010

Kenneth Feinberg took time out Tuesday from the task of handing out compensation for the Gulf oil spill to implore scores of firefighters and others who worked at the World Trade Center debris pile to sign on to a massive settlement of their injury claims.

Addressing a gathering of the group by a telephone, Feinberg said the proposed settlement - which could total as much as $712.5 million - was the best hope for quick compensation for illnesses contracted during the recovery work at Ground Zero.

"I would urge everyone who is part of the settlement to enter the settlement program," said Feinberg. "You 9/11 heroes have waited long enough."

Feinberg, who gained prominence administering the World Trade Center compensation fund, will be the final arbiter of appeals filed by recovery workers who don't like their awards.

"You owe it to your families, you owe it to yourselves," said Feinberg. He noted that the original Sept. 11 fund ran its course before many of the illnesses, which include blood cancers, asthma, pulmonary diseases and heart problems, became apparent.

If 95 percent of the more than 10,000 people who have filed various personal injury lawsuits agree to the settlement by Sept. 30, payments could start being disbursed within two weeks, said Matt Garretson, whose firm will be determining claims.

The original settlement of about $575 million was criticized by Manhattan federal Judge Alvin Hellerstein as being too small.

After months of negotiations between the plaintiffs, the city and its contractors, the amount increased to about $625 million, a sum Hellerstein applauded.

The additional money comes from the city's so-called captive insurance company kicking in $55 million more, said attorney Nicholas Papain of Manhattan, whose firm represents many of the seriously ill workers who listened to Feinberg during a meeting at Hotel International near Kennedy Airport. Various contingency payments could increase the total payment to $712.5 million, Papain said.

In addition, an agreement by attorneys to cut their fees from the usual 33 percent to 25 percent will give $55 million more to the plaintiffs, said Papain.

Attorneys also revealed that a point system that ranked the most serious diseases in a so-called "Tier 4" level had also seen some major increases. For instance, heart or respiratory cancer had a 650-point value under the original offer and is now given 10,000 points, said Papain. Points will be computed under a formula that takes factors like a person's age, smoking history and time at Ground Zero into consideration, said Garretson. A single point is now valued at about $8.35, said Papain.

Awards will be increased if a person had surgery and is eligible for disability, Garretson said.

Plaintiffs in the audience were cautious about the latest settlement proposal.

"I think it's a fair offer - but there are too many unknowns," said retired firefighter Michael Bosco, 47, of Smithtown.

Still unresolved, said Bosco, is whether Congress passes the Zadroga Bill, named after a deceased NYPD detective, which would allow a reopening of the original World Trade Center compensation program.

With Maria Alvarez