The Disability Benefit Implications of an Intentional Biological Weapon Attack

Abstract

On September 21, 2001, an assistant at the New York Post manifested an anthrax infection, believed to be the first in a possible series.1 In the following twomonths, a total of twenty-two suspected or confirmed cases of anthrax infection were documented in four states andWashington, D.C., with one removed due to a lack of supporting laboratory evidence.2 In all, five people died from these attacks and several others were permanently injured by the bacterium’s toxin.3 Because these attacks occurred only 11 days after September 11, 2001, the victims of the Amerithrax attacks were overshadowed and forgotten when determining the victim’s compensation.4 Neither the World Trade Center Health Program nor the September 11th Victim Compensation Fund addresses the eligibility of the survivors of the Amerithrax attacks, forcing them to rely on programs such as worker’s compensation or privately administered insurance policies.5 While the decedents of September 11th victims and first responders continued to receive needed access to benefits totaling $200,000 in gross income annually, Amerithrax survivors were left with limited options.6 If as a nation we believe in supporting individuals directly affected by terroristic actions, we should analyze whether the options available to the Amerithrax survivors were equally effective in providing compensation for victims of a terror attack. This article will begin with a background on the victims of the twenty-two likely infected and their families. The infection was responsible for five deaths, eight full recoveries or no further information provided, and nine individuals suffering chronic and debilitating conditions suspected to have been caused by their exposure.7 Section IV will address the basic concepts of the disability provisions present in the Federal Employees’ Compensation Act (FECA), as well as general insurance contract provisions and the limits of Social Security Administration benefits. Section Vwill analyze the Amerithrax case as it relates to the existing law to determine whether current protections for future victims are adequate or need improvement.