Energy Employees Occupational Illness Compensation Program Act (EEOICPA)
Understanding the Compensation Program
What is EEOICPA?
During the early twentieth century, thousands of workers employed in the U.S. nuclear weapons industry were exposed to harmful chemicals, toxins, and heavy metals with high levels of radiation as a part of their jobs. To help compensate workers who were injured as a result of their exposure, the federal government created The Energy Employees Occupational Illness Compensation Program Act (EEOICPA).Who Qualifies for EEOICPA Benefits?
The EEOICPA only compensates nuclear weapons workers who were employed by the Department of Energy (DOE) after 1941 and became ill as a result of exposure to harmful chemicals at work. Eligible individuals can obtain lump-sum payments and health benefits if they satisfy a specific set of criteria. Possible beneficiaries include current employees, former employees, contractors, and subcontractors.
If a worker is deceased, his or her surviving family members may also be able to receive compensation. The EEOICPA is made up of two benefit programs, known as Part B and Part E. Under Part B, employees or their survivors can receive a lump-sum payment of up to $150,000 and reimbursement for full medical expenses. Beneficiaries under Part E can receive the even larger sum of $250,000. Additionally, those who qualify under the Radiation Exposure Compensation Act (RECA) may be eligible to receive the smaller sum of $50,000.
Eligibility
Only workers who satisfy certain requirements can obtain compensation under the EEOICPA. In order to qualify, an applicant must have been diagnosed with cancer or another illness caused by chemicals and have worked at a covered DOE facility.
EEOICPA Covered Illnesses
Specifically, an employee must have sustained a on of the following diseases while employed by the DOE, an atomic weapons employer, or a beryllium vendor:
- Specific cancers;
- Chronic silicosis;
- Beryllium sensitivity, or
- Chronic beryllium disease.
EEOICPA Covered Facilities
The EEOICPA covers workers from hundreds of DOE facilities in nearly every state across the country.
Who is Considered an EEOICPA Survivor?
Part B Survivorship
Under Part B, survivors can include any of the following individuals:
- An eligible worker’s spouse, as long as the couple was married for at least one year;
- A worker’s child if he or she has no living spouse;
- An eligible worker’s parent if he or she has no living spouse or child;
- A worker’s grandparent if there is no living spouse, child, or parent; and
- A worker’s grandchild if there are no other surviving relatives.
EEOICPA Covered Facilities
The definition of a survivor is more restricted under Part E, which only covers:
- The spouse of a worker if the couple was married for at least a year;
- If there is no surviving spouse, children who were younger than 18 years old at the time of their parent’s death;
- If there is no surviving spouse, children up to the age of 23 years old if they were in college at the time of their parent’s death; and
- If the worker is not survived by a spouse, any children if they were unable to work due to a medical disability at the time of their parents’ death.