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Office of the Assistant Secretary for Policy

Frequently Asked Questions (FAQs)



Question: What is the Energy Employess 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). The EEOICPA provides compensation and medical benefits to employees whose work in the nuclear weapons industry made them ill. Survivors of qualified workers may also be entitled to benefits. The EEOICPA has two parts, Part B and Part E.

Part B

Who is covered under Part B of the EEOICPA?

Part B covers current and former workers who have been diagnosed with cancer, chronic beryllium disease, beryllium sensitivity, or silicosis, and whose illness was caused by exposure to radiation, beryllium, or silica while working at a covered Department of Energy facility or for a covered Atomic Weapons Employer or Beryllium Vendor during a specific time period. Certain individuals awarded benefits by the Department of Justice under the Radiation Exposure Compensation Act (RECA) are also eligible for EEOICPA Part B benefits.

What benefits will I receive if my claim is accepted under Part B?

  • $150,000 to employees or eligible survivors.
  • $50,000 to RECA Section 5 uranium workers who received $100,000 from the Department of Justice.
  • Medical benefits for accepted conditions.
  • Medical monitoring for beryllium sensitivity.

What medical conditions may be compensable under Part B?

  • Part B covers cancer, chronic beryllium disease (CBD), beryllium sensitivity (medical monitoring only), chronic silicosis and RECA (Section 5) illnesses.

How is causation shown in a Part B cancer claim?

  • After a cancer diagnosis and employment have been verified, the claim materials are sent to the National Institute for Occupational Safety and Health (NIOSH) for a dose reconstruction under Part B.
  • Special Exposure Cohort (SEC): for certain claims where designated facilities and employment criteria are met and the employee has one of 22 specified cancers, the employee is considered a member of the SEC. For SEC members with specified cancer, causation is presumed.

Part E

Who is covered under Part E of the EEOICPA?

Part E covers Department of Energy contractor or subcontractor employees whose occupational exposure to a toxic substance at a covered Department of Energy facility during a covered time period was a significant factor in causing, contributing to, or aggravating their claimed illness. Certain individuals awarded benefits by the Department of Justice under the Radiation Exposure Compensation Act (RECA) are also eligible for Part E EEOICPA benefits.

What benefits will I receive if my claim is accepted under Part E?

Up to $250,000 in compensation may be available under Part E. Compensation differs for employees and survivors.

Covered Part E employees receive:

  • Medical benefits for the accepted conditions;
  • Impairment compensation ($2,500 for each percentage of whole body impairment caused by a covered illness); and
  • Wage loss compensation ($10,000 or $15,000 per year of eligible wage loss).

Eligible survivors (employee death related to or caused by covered illness) receive:

  • $125,000 lump sum compensation payment
  • Additional wage loss of $25,000 or $50,000, if applicable.

Additional information for employees on the process for claiming impairment and wage loss will be provided when a recommended decision accepting your Part E claim is issued.

What medical conditions may be compensable under Part E?

  • Part E covers any diagnosed illness linked to toxic exposures at a covered Department of Energy facility, including Part B illnesses.

How is causation shown under Part E?

Under Part E, evidence must show that toxic exposure at a Department of Energy facility was significant in causing, contributing to or aggravating the claimed condition. Your DEEOIC district office claims examiner will use a variety of tools to establish this connection, including information from the Department of Energy about the facility, information in the Site Exposure Matrices database developed by the Department of Labor, and referral to a physician, industrial hygienist or toxicologist. Your district office claims examiner may also ask for any information you may have on this issue.

Under Part E, where the employee is deceased, his or her death must also be related to the claimed condition in order for any survivor claim to be accepted.

Who are eligible survivors under Part B and Part E of the EEOICPA?

Eligible survivors are different under Part B and Part E.

Under Part B, eligible survivors are:

  • Spouse (married to employee at least one year prior to employee's death), children, parents, grandchildren and grandparents, in that order.

Under Part E, eligible survivors are limited to:

  • Spouse (married to employee at least one year prior to employee's death); and
  • Covered Child - natural child, stepchild, or adopted child who lived with the deceased employee in a parent-child relationship who, at the time of the employee's death, was:
  • Under 18 years of age; or
  • Under 23 years of age and a full-time student; or
  • Any age and medically incapable of self-support

Parents, siblings, self-supporting adult children and other relatives are not eligible survivors under Part E.

I have filed an EEOICPA claim, under Part B, Part E or both. What happens next?

DEEOIC staff must assemble a case file containing evidence that shows your eligibility for compensation and benefits. Our district office claims examiners will work with you to obtain the necessary evidence and also assist in obtaining certain evidence from other sources. Once all the evidence is collected and analyzed, the claims examiner will issue a recommended decision to accept or deny your claim. You have appeal rights if you disagree with the recommended decision.

What evidence is required for my claim to be accepted?

Your case file must contain evidence of covered employment, a diagnosed medical condition and causation. Causation means a demonstrated relationship between the employment, exposures and the diagnosed condition. If the employee is deceased, the file must contain evidence establishing that you are an eligible survivor.

 

 
 

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