Across America, hundreds of thousands of workers have helped shape this country’s nuclear programs since the early 1900s, whether through work directly in a nuclear field or with work related to mining nuclear material. Many of these workers have developed radiation-induced diseases such as cancer or beryllium disease, as well as other illnesses stemming from their time working in the nuclear field. Unfortunately, many of these workers and their families have never been compensated, and worse, they may not know that there is compensation available or how to access it.
Cold War Patriots (CWP), an organization dedicated to the education and assistance of nuclear workers and uranium miners, hosts events around the US, as well as providing an informative website, with the goal of spreading more awareness about Energy Employees Occupational Illness Compensation Program Act (EEOICPA) benefits.
EEOICPA Law: How Nuclear Workers Can Obtain Compensation
It wasn’t until the year 2000 that the federal government recognized the extent of the issue surrounding the consequences of illnesses and disabilities suffered by nuclear energy workers, and the resulting financial impact for them and their families. The federal government then developed the EEOICPA, a law designed to help compensate past nuclear employees and their dependents for illnesses related to their work.
The Act is divided into Part B and Part E, with settlement amounts as high as $400,000 in addition to medical expense reimbursement. Despite the enactment of EEOICPA, many sick or disabled workers have yet to be compensated. Why is this?
There are two likely reasons:
1) Rejected claims.
Many workers who should qualify for benefits have their claims initially denied. In fact, public statistics show that more than 50% of workers who file are denied their EEOICPA benefits. The reason for such a high denial rate is that it can be difficult to prove that an illness correlates with your time spent working at one of the qualifying nuclear facilities, and harder to prove causality. In some situations, workers developed radiation disease from facilities they worked at more than 40 years before they became ill. While they may very well qualify for an EEOICPA settlement, failure to provide adequate documentation often results in their claim being denied.
To combat such a high rejection rate, workers are encouraged to seek the guidance of an EEOICPA lawyer who can help them build a strong case with a higher chance of approval. Because most attorneys who do EEOICPA claims work on a contingency basis, injured workers won’t need to pay an upfront fee, and they won’t have to pay anything at all if their claim is ultimately denied. Furthermore, EEOICPA law limits the amount an attorney can charge to a maximum of 2% of the settlement for new claims, and 10% of appeals. That means a lawyer will cover the cost of helping you file a claim, and you’ll only need to pay them a portion of your settlement if they are successful at winning your case.
2) Lack of awareness.
Unsurprisingly, the federal government has not done much to promote awareness of these potential benefits. Many workers or their surviving dependents are simply not aware that they may be entitled to compensation. Advocacy groups such as Cold War Patriots have helped educate nuclear workers and their families about these benefits, but many potential claimants are still left in the dark.
Our hope is that more workers will become aware of the program and their potential eligibility for compensation. However, until the federal government improves their outreach, workers and their families will need to rely on organizations like CWP who spread awareness about this very important issue.
Sick, injured, or disabled nuclear workers (or their surviving family members) who believe they may be eligible for benefits are encouraged to contact our law firm Clements, Taylor, Butkovich, & Cohen, LPA, Co. for a free consultation and guidance on their potential EEOICPA eligibility. This situation is a little different than your standard workers compensation lawsuit or workplace injury case, so you want to work with a law firm that has experience and expertise working with EEOICPA cases. We can help be your on the job injury lawyer, for this type of case, or for any other.