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EEOICPA Part B
Beryllium Disease, Radiation Exposure, Cancer
Part B of the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) provides compensation and benefits to eligible current or former Department of Energy (DOE) workers as well as some vendors, contractors, and subcontractors. Certain survivors of such workers as provided in the EEOICPA may also be eligible for coverage. Part B of the EEOICPA provides monetary assistance for "Radiogenic Cancers," which are caused by radiation exposures at DOE facilities. (Part E of the EEOICPA provides coverage for illnesses, including cancers, resulting from "toxic exposures.")
EEOICPA Part B Qualifying Conditions
In order for a worker or surviving family members to be eligible for workers' compensation and benefits under Part B of the EEOICPA, it must be proven that the worker suffered from any of the following as a result of performing duties at a covered DOE facility, atomic weapons employer facility, or a beryllium vendor facility during a specific timeframe:
- Chronic Beryllium Disease (CBD)
- Beryllium Sensitivity
- Radiogenic Cancer
- Chronic Silicosis
However, having a condition included in the above list is not sufficient in and of itself. Medical and occupational evidence must also be provided to support the diagnosis.
Benefit Amounts
Title 42 – The Public Health and Welfare Chapter 84 – Department of Energy Subchapter XVI – Energy Employees Occupational Illness Compensation Program asserts that the compensation provided in Part B amounts to $150,000 and a worker may also obtain medical benefits covering expenses associated with the qualifying condition from the date the claim is filed. Moreover, Part B also gives recipients payment of a smaller lump-sum of $50,000 to those who also receive medical benefits or to eligible survivors who were identified as qualifying for compensation under section 5 of the Radiation Exposure Compensation Act (RECA).
Special Exposure Cohort Employees (SEC)
The Special Exposure Cohort (SEC) was founded by the EEOICPA to permit eligible certain classes of employees the opportunity to receive compensation without the National Institute of Occupational Safety & Health (NIOSH) conducting a radiation dose reconstruction or determination of the probability of causation. A worker is required to have at least one of 22 particular cancers in order to qualify for compensation as a part of an SEC class. A worker is also required to have worked for a certain period of time at one of the SEC work sites. Other classes of workers can be added to the SEC with authorization from the Secretary of Health and Human Services.
Part B Eligibility
Aside from being responsible for providing medical evidence to support the existence, diagnosis, and cause of illnesses identified as qualifying conditions for Part B coverage, unless a worker is part of an SEC class, NIOSH will estimate a worker's complete workplace radiation dose and the probability that this dose caused the worker's cancer. If the probability is determined to be "more likely than not," otherwise considered as a probability of causation of 50% or more, then a worker will be given the 150K in compensation as well as other medical benefits.
It is important to note that eligible workers with beryllium sensitivity are provided with medical monitoring of their condition. If medical monitoring demonstrates that a person's condition has progressed to CBD, then additional medical compensation and benefits will be made available under Parts B and E. Moreover, some workers who have been given compensation and/or benefits under Part B or RECA may qualify for additional federal payments if certain requirements are met under Part E.
Securing Your Financial Future
Filing for Part B compensation and benefits under the EEOICPA is a lengthy and complex process. Because time is of the essence in obtaining the funds you need to pay for various medical expenses and other damages, it is important that your application is filled out correctly and that proper evidence is presented. For workers who do not fall under an SEC class, the application and review process may be more intricate and take longer to complete. If a worker filing under Part B outside of an SEC class has cancer, their case is sent to NIOSH in which after questionnaires are sent to claimants, telephone interviews are conducted, and a dose reconstruction report is completed, the case is returned to the DOL.
At Page Law, our EEOICPA lawyers can assist you in your application process as well as represent you and your family or speak to involved parties on your behalf. We understand this is a difficult time, which is why we make it our priority to give each and every one of our clients the personal attention they need and deserve. For more information about how we can help you obtain full and rightful compensation and benefits under the EEOICPA, call (314) 322-8515 today for a free and confidential consultation.
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