Missouri EEOICPA Attorneys
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EEOICPA
Work-related illnesses and injuries disrupt the lives of far too many unsuspecting, hard-working employees. Because of the complex line of work conducted by United States Department of Energy (DOE) employees in atomic weapons programs in either DOE facilities, atomic weapons employer facilities, or beryllium vendor facilities, the risk of exposure to radiation, chemicals, and various toxic substances has been more prevalent than in most other professions.
According to the United States Department of Labor (DOL), the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) was enacted on July 1, 2001 to provide timely, uniform, and proper compensation to qualifying employees, former employees, and surviving family members of those afflicted by illnesses and/or cancers contracted on-the-job while working for the U.S. Department of Energy (DOE). The EEOICPA also provides compensation to some contractors and subcontractors.
The laws governing the EEOICPA are stated in Title 42 – The Public Health and Welfare Chapter 84 – Department of Energy Subchapter XVI – Energy Employees Occupational Illness Compensation Program.
History of the EEOICPA
In Executive Order 13179 - Providing Compensation to America's Nuclear Weapons Workers issued on December 7, 2000, it was stated that since World War II, hundreds of thousands of men and women who had served their Nation through the creation of its nuclear defense had developed disabling or fatal illnesses because of exposure to beryllium, ionizing radiation, and other hazards unique to nuclear weapons production and testing. The Order also asserted that in numerous instances, these employees were not properly protected from, nor where they notified of, the potential work-related dangers they were exposed to.
Today, DOE workers still cope with the devastating effects of their work environments causing illnesses and cancers, and family members continue to rebuild their lives and grieve for their loved ones who died because of these illnesses and cancers contracted on-the-job.
In general, federal workers' compensation programs have not included these various DOE employees. As a consequence of extensive dormant periods, the unusualness of the dangers to which workers were exposed, and improper exposure data, several workers were not given State workers' compensation benefits. It wasn't until July of 1999 that the decision to compensate DOE nuclear weapons workers suffering from occupational illnesses due to hazardous exposure was announced.
EEOICPA Amendments
An amendment to the EEOICPA went into effect on October 28, 2004 in which Part D of the Act was replaced by Part E. Therefore, instead of assistance being provided by the DOE to obtain state workers' compensation benefits, the new program is overseen by the U.S. Department of Labor's (DOL) Division of Energy Employees Occupational Illness Compensation (DEEOIC), within the Employment and Standards Administration's Office of Workers' Compensation Programs (OWCP). As such, the Energy Employees Occupational Illness Compensation Program also includes benefits for some beneficiaries of Section Five of the Radiation Exposure Compensation Act (RECA).
The main sections of the EEOICPA are as follows:
- EEOICPA Part B- With the implementation of Part B on July 31, 2001, the DOL provides DOE workers afflicted with, and family members of those killed by, beryllium disease, radiation exposure, and cancer with compensation to offset medical expenses and lost wages.
- EEOICPA Part E – This section was introduced on October 28, 2004 to provide compensation to workers suffering from and family members of those killed by DOE worker illness and toxic exposure.
EEOICPA Eligibility
The application process for either Part B and/or Part E is far from simple and requires detailed medical, personal, occupational, and financial information and evidence. In applying for a lump-sum of compensation and health benefits, DOE nuclear weapons workers and certain survivors of such workers must dedicate a significant amount of time and effort to ensure due dates aren't missed, proper and clear evidence is provided, and all paperwork is filled out accurately. When a person applies for compensation and benefits under the EEOICPA, the DOL's Division of Energy Employees Occupational Illness Compensation (DEEOIC) will decide whether or not qualifications are met.
Claims for Special Exposure Cohort Employees (SEC)
The EEOICPA created a Special Exposure Cohort (SEC) for specific classes of DOE employees. Under the SEC, eligible workers can receive compensation without having a NIOSH radiation dose reconstruction or establishment of the probability of causation completed. (The National Institute of Occupational Safety & Health (NIOSH) estimates the full workplace radiation dose and the probability that the dose lead to the cancer for a DOE employee seeking benefits under Part B.)
A worker qualifies for compensation as a member of an SEC class if they are a covered employee, have at least one of the 22 specified cancers, and worked for a precise timeframe at one of the SEC work sites. In addition, other classes of employees can be added to the SEC under the EEOICPA by the authorization of the Secretary of Health and Human Services.
Obtaining Deserved Compensation and Benefits
Being denied compensation and benefits under the EEOICPA as a DOE worker or surviving family member of a DOE worker is not only disappointing, but can also be frustrating, confusing, and financially devastating. However, if you believe your claim has been wrongfully denied or you require assistance in the application process, there is help available. At Page Law, our St. Louis work injury attorneys have the legal knowledge and resources to help you obtain the compensation and benefits that you and your family deserve. For more information about your legal rights and options, please call us today at (314) 322-8515 for a free consultation.
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