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EEOICPA Part E
(DOE Worker Illness, Toxic Exposure)
Part E of the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) makes compensation and, in some circumstances, medical benefits, available to covered workers or their eligible surviving family members for illnesses, including cancers, resulting from "toxic exposures" while performing job duties at a Department of Energy (DOE) facility. (Part B of the EEOICPA provides monetary assistance for "Radiogenic Cancers," which are caused by radiation exposures at DOE facilities.)
Part E benefits may also be given to DOE contractor or subcontractor employees as well as their eligible surviving family members whose exposure to toxic substances at a covered DOE facility was "at least as likely as not" a substantial factor in causing, contributing to, or worsening their disease. Workers for beryllium vendors are not considered eligible for benefits under Part E. On the other hand, as stated in Section 5 of the Radiation Exposure Compensation Act (RECA), uranium miners, millers, and other transporters may qualify for Part E benefits.
EEOICPA Part E Qualifying Conditions
Any illness caused by toxic exposure is considered a qualifying condition under Part E, the most common being:
- Chronic Beryllium Disease (CBD)
- Asbestosis
- Beryllium Sensitivity
- Beryllium Disease
- Cancer
Even if a worker suffers from these illnesses, he or she must follow the appropriate steps of the EEOICPA application process, which includes providing proper medical evidence.
Toxic substances with regard to the level of exposure that could cause illness or death in relation to EEOICPA Part E include: asbestos, acetone, beryllium, benzene, chromium, lead, mercury, nickel, silica, thorium, and uranium.
Benefit Amounts
As stated under Title 42 – The Public Health and Welfare Chapter 84 – Department of Energy Subchapter XVI – Energy Employees Occupational Illness Compensation Program, Part E compensation is comprised of the amount of disability ($2,500 for every percentage point of impairment) and/or loss of income before a worker's normal Social Security retirement age ($10,000 for every year of 25%-50% wage loss, and $15,000 for every year of wage loss above 50%, plus an additional 45% if a worker has experienced a 75% wage loss for 3 years). Eligible workers are provided compensation for medical expenses starting on the date that their claim is filed.
Part E Eligibility
It is required that employees seeking Part E payment present proper medical evidence to support the diagnosis of their disease. Once a claimant provides this evidence with their application, it is up to the U.S. Department of Labor's (DOL) Division of Energy Employees Occupational Illness Compensation (DEEOIC) to determine whether a claim is valid.
Depending on the circumstances, some employees who have been provided with payments under EEOICPA Part B or Radiation Exposure Compensation Act (RECA) may qualify for further payments under Part E. If a person has filed a Part B claim but is waiting to hear back about their dose reconstruction results, he or she doesn't need to wait for a response under Part B before filing under Part E.
The DOL determines whether a worker filing under Part E has experienced exposure to a toxic substance that played a major role in the manifestation of the illness based on opinions provided by qualified medical specialists with expertise in treatment, diagnosis, and research for the illness claimed. In addition, DOL will collect other information and have proper specialists establish specific levels of toxic substance exposure. The DOL uses the same dose reconstruction probability of causation analysis used in Part B.
Receiving Rightful Payment
Workers and surviving family members of workers have the burden of proof to demonstrate that their claims for EEOICPA Part E payments are valid and adhere to the requirements. Meeting all the requirements to establish proof regarding an illness being caused by toxic exposure in DOE weapons facilities is not easy. In some instances, medical records cannot be found, toxic exposure data may not have been noted, or a person may not have known what type of toxic substance they were exposed to. With these points in mind, you want to make sure that your time and effort doesn't go to waste when filing for compensation and benefits for medical expenses, lost wages, and other damages.
The Missouri EEOICPA attorneys at Page Law are committed to helping you and your family obtain the compensation and benefits you need and deserve. We offer our legal counsel and representation to those filing EEOICPA claims and can also assist you in the application process as well as speak on your behalf with the government agencies involved. For a free consultation and more information about how we can make a difference in your case, contact us today by calling (314) 322-8515.
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