The Fund states that the Attorney General shall appoint a Special Master to administer a compensation program. The Special Master will provide forms to claimants allowing them to set forth the nature of their injuries or details on how their loved one was killed and asking them detailed information regarding economic and non-economic losses ( such as, physical and emotional pain, loss of enjoyment of life and mental anguish etc.).

The fund further states that once a claim is submitted, the Special Master will have 120 days to render a decision on the amount of damage, if any, to be awarded. Within 20 days thereafter, the Special Master will authorize payment of the claim. The decision of the Special Master is final and cannot be appealed.

One of the benefits of this process is that there is no need for a claimant to institute a lawsuit. The system provides for prompt resolution of claims Whereas a lawsuit could take many years. Another benefit, claimants can obtain free legal representation if they file with the Special Master. The Association of Trial lawyers of America has pledged to represent any claimant without charge and our firm will certainly be available to all F.O.P. members and their families on a pro bono basis to assist in the claim process should they choose to participate.

The Fund, however, is not without problems. Members and their families should not make a final decision regarding whether to sue or file a claim under the Fund until the following issues are resolved:

Whether all “ collateral sources “ received by the claimant shall reduce the amount of any award from the Special Master. Those collateral sources could include, but are not limited to, life insurance, pension funds, death benefit programs and all payments received from federal, state or local governments. It is not clear whether collateral sources will include any monies received from charity or whether this reduction will apply to the claim in its entirety or to specific portions of the claim. Furthermore, it is unclear in the case of a death of a police officer with children, whether the potential awards for loss of parental care and guidance would be reduced by the collateral source.

Whether claimants have two (2) years from the date that the Special Master promulgates regulations regarding the details of the procedures to bring a claim or the date of incident.

Whether all lawsuits against all parties are barred.

There are erroneous rumors floating around regarding the rights of people exposed to toxins at Ground Zero and at the Fresh Kills Land Fill in Staten Island. Information has been circulating that Notices of Claims with the City of New York should have been filed by January 7, 2002 to protect a claimants right to commence a lawsuit against New York City for injuries sustained while at one of the aforementioned sites.

Pursuant to the General Municipal Law Section, 50-e (GML 50-e ), a Notice of Claim must be filed with the City of New York for most personal injury and property damage actions within 90 days of the date of the incident. However, an exception to the 90-day filing requirement is provided under the New York State, Civil Procedure Law and Rules section 214-c(3), ( CPLR) which governs the time frame in which Notices of Claim against the City of New York must be filed. This exception recognizes the fact that illnesses which may be caused by the latent effects of direct or indirect exposure to any harmful substance or combination of substances in any form, upon or within the body, may not become apparent for many months or years after said exposure. Thus, the action shall be deemed to have accrued on the date of discovery of the injury by the plaintiff or on the date when through the exercise of reasonable diligence the injury should have been discovered, whichever is earlier.

It is believed that many law enforcement officers, firefighters and emergency rescue workers were exposed to elevated levels of asbestos, dioxins, dangerous metals, polynuclear aromatic hydrocarbons, respirable silica and many other forms of hazardous materials. If you were at either of the previously mentioned sites and believe that you were exposed to any such toxin, we recommend you visit your doctor as soon as possible to determine if you have sustained an illness. If appropriate, report your line of duty illness to your employer. Once your medical doctor has made a diagnosis, contact us immediately. We will evaluate your particular situation and advise you regarding the procedure to follow in filing a Notice of Claim.

Members who have already been diagnosed with an exposure related illness have 90 days from the date of discovery of the injury to file their Notice of Claim. Thus, contrary to the circulating rumors, time remains to file your claim and our law firm will be happy to prepare these claims on your behalf.

Should you have any questions, feel free to contact me at our office so we can address your concerns.

Very truly yours,
KUCZINSKI, VILA & ASSOCIATES, P.C.
Gustavo L. Vila, Esq.