New
York's Senator
CHARLES E. SCHUMER
FOR IMMEDIATE RELEASE: September 22, 2001
SENATE GUARANTEES FULL COMPENSATION TO FAMILIES OF WORLD TRADE CENTER
MISSING
Schumer details provisions of compensation bill
that would provide full benefits to victims' families
Senator: "While no salve can heal the wounds inflicted by
the nightmarish deeds of September 11, this bill guarantees that
the people most affected by these tragic events are not forgotten
by the federal government ." Families of the victims of the
World Trade Center attacks will not be forgotten by the federal
government, US Senator CHARLES E. SCHUMER said today, after inserting
a provision in the airline bailout bill just passed by the Senate
that guarantees full financial compensation to the families of the
victims of the attacks.
The provision - which Schumer inserted into the bill along with
Senators Tom Daschle (D-SD) and Patrick Leahy (D-VT) - enables the
families of the missing to file claims with the federal government
to recover their loved ones' lost wages and receive compensation
for the victims' pain and suffering caused by the attacks.
"There is very little solace anyone can provide the families
who lost loved ones in last week's heinous terrorist attacks. So
in place of solace, we can at least try to offer them financial
security," Schumer said. "Congress passed a bill yesterday
that does just that by guaranteeing that those who lost their loved
ones will receive compensation without having to go through the
ordeal of litigation."
"By supporting this bill, President Bush has once again demonstrated
his commitment to helping New Yorkers in their time of need. Along
with Senator Daschle and Senator Leahy in particular, the White
House and the Senate have worked together to quickly help the more
than 6,000 families most affected by the attacks. That's exactly
the kind of unity we will need in the coming months and years to
bring those responsible to justice and ensure that something like
this never happens again," Schumer continued.
Schumer explained that families who lost loved ones can obtain
financial relief by filing a claim with the federal government demonstrating
the financial impact of the attacks on the victims. These claims
will include both economic factors like lost wages and non-economic
factors like pain and suffering. The claim will then be reviewed
by a special master appointed by the Department of Justice who will
determine the financial relief each family will receive. The families
of the victims and the injured will receive help from the Department
of Justice in preparing their claims, and pro- bono legal assistance
when they appear before the special master. There are no caps or
limits on the total amount family can receive in compensation, and
the legislation requires the claims to be processed and paid out
within five months of when the application is initially filed. Claims
must be processed within 120 days and paid within another 20 days.
"The families of the victims of the attacks have suffered
more than anyone could imagine already," Schumer said. "Forcing
them to endure a long, drawn out, heart-wrenching legal process
is simply too much to ask. This plan allows them to receive financial
compensation quickly, fairly and compassionately."
Schumer said that to participate in the program, the families of
the victims will have to waive their right to sue in federal court.
He emphasized that claimants are in no way required to give up that
right and may sue if they prefer to do so. Schumer cautioned, however,
that there may be difficult legal hurdles of proving liability and
that potential litigants could be forced to face the prospect of
years of expensive, complicated, and emotional legal proceedings.
Schumer said that the compensation provision was initially excluded
from the bill. But after stating that he could not support a bill
that did not take care of the families of the victims and those
injured in the attacks, Schumer worked with Senators Daschle and
Leahy to put the provision back in the bill, where it remained through
passage.
"No salve can heal the wounds inflicted by the nightmarish
deeds of September 11. But this helps take care of some of the economic
fear and financial suffering that many of these families face. The
advocates of victims rights have won out and have guaranteed that
the people most directly affected by the tragic events of September
11 are not forgotten by the federal government," Schumer said.
Schumer noted that the amount of the damages awarded to the families
would be offset by whatever direct payments the claimants have received,
such as life insurance or pension plans.
The claims process is open to the estates of those died or who
suffered personal physical injury as a result of the attacks. "This
applies across the board - from the person who perished on the top
floors to the firefighter who went in to rescue to the bagel shop
owner injured 80 floors below," Schumer said.
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