Monday, January 22, 2007

Ground Zero Workers Continue Getting Shafted

Last year, I wrote about the new liquidators - the Ground Zero workers who have suffered injuries. I called upon all those involved, from the politicians to government agencies, from the companies that hired the workers to the insurers who cover the health costs, to make sure that the workers are not screwed out of proper care and compensation for the work they did under dire circumstances.

Well, it looks like the insurance company established to disburse money to injured workers is more interested in preserving the fund than to actually disburse the monies to workers in need. WTC Captive Insurance Co (CAPCO) was set up to provide insurance proceeds for Ground Zero workers who were injured. More than 9,000 Ground Zero workers filed claims against the billion dollar fund established by Congress to be dispensed through CAPCO. Yet, the only thing that CAPCO has spent money on is legal battles to question the immunity of claims against the city and workers because of the crisis nature of the situation ($40 million) and overhead ($10 million). The total: $50 million.

Politicians from Carolyn Maloney to Charles Schumer have been slamming the insurance company for sitting on the money and trying to litigate their responsibilities away. Yet, the company continues to fight the payouts tooth and nail.

This is a travesty and should not be allowed to stand. I understand that there are fiduciary responsibilities in ensuring that the fund pays out only to those who are determined to be worthy of such payouts - based on need and qualifications, but refusing all payouts for more than two years suggests that this goes well beyond a fiduciary responsibility. CAPCO was set up to pay insurance proceeds to those who suffered injuries in the cleanup. Providing legal arguments claiming immunity absolves CAPCO from payouts suggests that the company is trying to subvert the purpose of the creation of CAPCO in the first place.

The New York Congressional Delegation will be in attendance at the State of the State Address tomorrow with some Ground Zero workers who are afflicted by ailments that are linked to the service at Ground Zero. They're calling for more money to go to the workers. There are an increasing number of reports indicating that people who worked at Ground Zero following the collapse are dying of ailments that may be linked to that service. The medical researchers are trying to figure out what is going on. In the meantime, the insurance situation is in limbo.

The people who did so much to help clear the debris are between a rock and a hard place. They need to get the care they deserve, and this litigation mess is a great disservice to them.

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