Frequently Asked Questions (FAQs)



Question: What is the Energy Employees Occupational Illness Compensation Program?

Answer:

The Energy Employees Occupational Illness Compensation Program provides benefits authorized by the Energy Employees Occupational Illness Compensation Program Act (EEOICPA or Act). Part B of the Program went into effect on July 31, 2001 and Part E of the Program went into effect on October 29, 2004. The Department of Labor’s Office of Workers’ Compensation Programs is responsible for adjudicating and administering claims filed by employees or former employee or certain qualified survivors of the Act.

Part B

Compensation of $150,000 and payment of medical expenses from the date a claim is filed is available to:

  • Employees of the Department of Energy (DOE), its contractors or subcontractors, and atomic weapons employers with radiation-induced cancer if:
  • the employee developed cancer after working at a covered facility of the Department of Energy, its contractors and subcontractors; and
  • the employee’s cancer is determined at least as likely as not related to that employment in accordance with guidelines issued by the Department of Health and Human Services, or
  • the employee is determined to be a member of the Special Exposure Cohort (employees who worked at least 250 days before February 1, 1992, for the Department of Energy or its contractors or subcontractors at one or more of the three Gaseous Diffusion Plants located at Oak Ridge, TN, Paducah, KY or Portsmouth, OH or who were exposed to radiation related to certain underground nuclear tests at Amchitka, AK) and developed one of certain listed cancers
  • Employees of the Department of Energy, its contractors and subcontractors, and designated beryllium vendors who worked at covered facilities where they were exposed to beryllium produced or processed for the Department of Energy who developed Chronic Beryllium Disease; and
  • Employees of the Department of Energy or its contractors and subcontractors who worked at least 250 days during the mining of tunnels at underground nuclear weapons tests sites in Nevada or Alaska and who developed chronic silicosis.

If the employee is no longer living, the compensation is payable to eligible survivors.

Compensation of $50,000 and payment of medical expenses from the date a claim is filed is available for :

·        Uranium workers (or their survivors) previously awarded benefits by the Department of Justice under Section 5 of the Radiation Exposure Compensation Act.

Employees of the Department of Energy, its contractors and subcontractors who were exposed to beryllium on the job and now have beryllium sensitivity will receive medical monitoring to check for Chronic Beryllium Disease.

Part E

The Energy Employees Occupational Illness Compensation Program Act (EEOICPA) has been amended to include Subtitle E – Contractor Employee Compensation.  This amendment replaces Part D of the EEOICPA, which provided assistance from DOE in obtaining state workers’ compensation benefits. The new Part E program will be administered by the Department of Labor’s Division of Energy Employees Occupational Illness Compensation (DEEOIC).

Summary of Amendments to Legislation

  1. Benefits 

    The amendment grants covered employees a federal payment based on the level of impairment and/or wage loss if they developed an occupational illness as a result of exposure to toxic substances at a DOE facility.

    Medical benefits will be available to qualifying employees under Part E for treatment and care of accepted occupational illnesses.

     

  2. Survivors

    Eligible survivors may receive federal compensation, if the employee’s death was caused or contributed to by the covered occupational illness.

    Qualified survivors at time of employee’s death

      i          Spouse

      ii         Children

                       1.  under the age of 18;

                       2.  full time students under the age of 23; or

                       3.  of any age and incapable of self support

     

  3. Part D Claims

    Individuals who have previously filed for benefits under Part D will have their claims transferred to the new Part E program; they do not need to file new claim forms. 

    Claims under Part D that are assigned to a DOE Physician Panel will continue to be reviewed by those Panels until DOL issues Part E regulations. Positive Physician Panel determinations under Part D that have been accepted by DOE will be accepted under the new Part E program. 

     

  4. Part B Claims

    Claims filed under Part B will continue to be processed without interruption. 

    Those DOE contractor employees whose diagnosed condition was accepted under Part B will be considered eligible for additional payment of compensation under Part E.  DOL will notify these beneficiaries that have not filed a Part D claim of their Part E eligibility so that they can file for benefits under Part E.

     

  5. Radiation Exposure Compensation Act (RECA)

The amendment also makes it possible for uranium workers as defined under Section 5 of the Radiation Exposure Compensation Act (RECA) to receive compensation under Part E for illnesses due to toxic substance exposure at a uranium mine or mill covered under that Act.

 

 
 

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