Judge Alvin K. Hellerstein of the Southern District court of New York recently ruled that insurance companies would be liable for $100 million of New York City's legal defense costs resulting from injuries and deaths sustained by WTC rescue workers. This was hailed as a victory for the WTC rescue workers who have been waiting for almost seven years to receive their share of the $1 billion that Congress allocated for taking care of the heroes that helped in the immediate aftermath of the September 11th tragedy. Of course, this doesn’t mean that $100 million or more will immediately be given to the WTC rescue workers who have been injured or had their lifestyles compromised. It means that insurance companies will be liable for some of the resulting lawsuits, which is one of the key arguments the State of has been making about keeping the $1 billion out of the hands of the WTC rescue workers. So in this case, both sides are happy. Obviously the state is happy because it is that much less liability they face from potential lawsuits.

The advocates of the WTC rescue workers should be happy too because it means that we should be closer to a time when some of that money is used to pay the workers and their families as opposed to being used to fight their cases over liability concerns. That revelation is still the most nauseating thing about how the WTC Captive Fund has been run. As I’ve extensively documented, the $1 Billion has been used to fight the cases of WTC rescue workers who have suffered through myriad health maladies. The tide has begun to turn with Congress holding hearings on the matter and renewed talks about setting up a Victim’s Compensation Fund. This court decision, along with being supported by legal fact, shows that everyone is ready for this wrangling to come to an end. If a large portion of the liability is defrayed; then there is less reason to delay paying the WTC rescue workers. Of course, nothing is that simple. There are certainly going to be appeals by the insurance companies that Judge Hellerstein ruled against that further extend this process.

During this period, both sides will endlessly be in court while the rescue workers suffer silently. But still, seeing the federal government showing concern (if not quite taking action) is heartening. Seeing rational talk about victims rather than just about insurance companies and liability bodes well for the future. Getting favorable rulings from a justice system that many WTC rescue workers had figured had abandoned them is a good start. Again, optimism still needs to be checked but at least it can exist. To this day, only one rescue worker has received any of that $1 billion despite many having horrific respiratory problems. Government leaders, especially Michael Bloomberg, are still more concerned about limiting liability to their city than helping those who selflessly tried to save it but for once we may be seeing the tide begin to turn.

Irv Kaplan provides information about WTC rescue workers and captive insurance fund.To know more how you can help the rescue workers visit www.wtccaptivefund.com