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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 employees or certain qualified survivors of the Act.
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:
Compensation of $50,000 and payment of medical expenses from the date a claim is filed is available for:
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.
Compensation and payment of medical expenses is available to employees of DOE contractors and subcontractors, or their survivors, who develop an illness due to exposure to toxic substances at certain DOE facilities. Uranium miners, millers and ore transporters are also eligible for benefits if they develop an illness as a result of toxic exposure and worked at a facility covered under Section 5 of the Radiation Exposure Compensation Act (RECA). Under Part E, a toxic substance is not limited to radiation but includes such things as chemicals, solvents, acids and metals.
Variable compensation up to $250,000 is determined based on wage loss, impairment and survivorship.
Wage loss is based on the number of years that the employee was unable to work or sustained a reduction in earnings as a result of the illness. Wage loss compensation is payable for years of lost wages that are prior to regular Social Security retirement age (usually age 65). Wage loss compensation is calculated at:
Impairment is a decrease in the functioning of a body part or organ as it affects the whole body, as a result of the illness. An impairment rating is determined once the claimant has reached Maximum Medical Improvement (i.e., the condition is stabilized and is unlikely to improve with additional medical treatment). Impairment compensation is calculated at:
If the employee sustained wage loss as a result of the covered illness and that wage loss was prior to Social Security retirement age (usually age 65), additional compensation may be awarded as follows:
Total survivor compensation not to exceed $175,000.
Eligible survivors may receive compensation if the employee’s death was caused, contributed to or aggravated by the covered illness. Eligible survivors include:
If there is no surviving spouse, then compensation may be awarded to a covered child if, at the time of the employee’s death, the child was:
Medical expenses are not included in the $250,000 cap.
Click here to download the full text of the regulations.
Source: US Department of Labor
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