Note: Claimants Must Seek Presence Information from a Listed Employer, Entity or Union Before the VCF will Consider Witness Presence Statements
The VCF considers business records, including presence verifications from employers and work history reports from unions to be “best evidence”. As such, if the claimant was employed by an employer or entity listed on the “Presence Information for Specific Employers or Entities” data table, the claimant must demonstrate that he/she sought to obtain presence information from the listed employer, entity, or union before the VCF will rely on Witness Presence Statements as proof of presence. This guidance applies to union members as well since unions are broadly included in the Specific Employers and Entities list. Specifically, if the claimant was present within the Exposure Zone performing work as a union member, the claimant should try contacting his/her union to determine what useful records, if any, may be available before asking the VCF to rely solely on Witness Presence Statements as proof of presence. Some unions require certain protocols, so it is important to consult the “Presence Information for Specific Employers or Entities” data table for more information on how to request presence information.
If efforts to obtain information from the employer/entity/union are unsuccessful, the claimant and/or claimant’s legal representative must upload a letter (signed under penalty of perjury) explaining the efforts taken to contact the employer/entity/union and describing the outcome. In the alternative, the claimant and/or legal representative may upload documents showing the efforts made and any responses received from the employer/entity/union in response to outreach; for example, email exchanges between the legal representative and the employer may suffice.
After receiving proof that a good faith effort was made to obtain presence documents from the claimant’s employer/entity/union first, the VCF will consider other acceptable evidence, including Witness Presence Statements.
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Change Log:
January 15, 2026: clarified location dates for three sites
November 26, 2025: Added checkbox for preferred title. Additional text stating that the VCF does not accept electronic signatures.
June 30, 2023: updated text with more information regarding debris removal eligibility
November 14, 2022: Updated the Claimant Instructions page and the top of the Witness Presence Statement Form to include the age requirement for witnesses, along with the exception to the age requirement. Added a witness date of birth field to the Form, along with “no more affidavits” messaging and “you should register” language.
December 9, 2021: Clarification made to claimant instructions.
August 27, 2021: Updated the declaration statement to include penalty of perjury under the laws of the United States of America, and added consent to having personal information and form responses included in the victim’s claim file. Corrected the pdf-fillable VCF number fields to accept a leading zero.
March 30, 2021: Questions updated to provide more clarity and simpler instructions.
January 29, 2021: Form updated to reflect instructions for certified translations; as well as updated signature page.
June 5, 2020: The VCF has just posted two new Presence Statement forms to the website: the Victim Presence Statement and the Witness Presence Statement. These forms should be used for those claims where affidavits are being submitted in support of presence. Both forms include detailed instructions on how to complete the forms, and how to submit them to the VCF once they are completed.