If you’ve been injured due to radiation or toxic chemical exposure, you may qualify for compensation through the Energy Employees Occupational Illness Compensation Program Act. Under the act, workers and their survivors may be eligible for settlement amounts up to $250,000 plus medical expense reimbursement. However, receiving settlement is not often as simple as filing a claim. Workers must navigate the complex legal field of government worker claims as well as understand how to maneuver through workers compensation and Social Security Disability laws. If you meet the criteria and feel like you have the need to file a claim, please seek the guidance of an EEOICPA attorney first.
An Energy Employee Compensation Law Firm Can Help
Workers who are eligible for settlement will generally fall under two different categories: Part B or Part E. Which section you fall under will depend on where you were employed and the illness you’ve contracted as a result of chemical or radiation exposure. Because the settlements can amount up to $250,000 plus medical expense reimbursement, workers are encouraged to seek the advice of an EEOICPA law firm before proceeding with their claim. Under the act, lawyers can only charge a small percentage of the awarded settlement. In addition, most lawyers will charge no fee if you don’t win. Due to these and other special provisions, injured workers are highly encouraged to seek professional legal counsel if they plan on submitting a claim.
What is the difference between Part B and Part E?
To be eligible for consideration under Part B, an employee must have sustained a radiogenic cancer, chronic silicosis, beryllium sensitivity, or chronic beryllium disease while working at a covered DOE facility, atomic weapons employer facility or a beryllium vendor facility during a specified period of time. Part B provides benefits in the amount of $150,000 and covers medical expenses related to the accepted condition.
Part E provides benefits to DOE contractor and subcontractor employees and to certain uranium workers who developed a covered illness as a result of exposure to any toxic substance, including the three mentioned in Part B, at a DOE facility. It grants covered employees a federal payment based on the level of impairment and/or years of qualifying wage-loss if they developed a covered illness as a result of exposure to toxic substances. Some survivors of deceased workers are also eligible to receive compensation, if the covered illness caused, aggravated or contributed to the employee’s death. Part E provides that a maximum financial compensation of $250,000 can be paid to all claimants as a result of the exposure of a covered Part E employee and also covers medical expenses related to covered conditions.
Are Family Members Eligible for EEOICPA Benefits?
Yes – survivors of workers eligible for EEOICPA can receive benefits under both Part B and Part E of EEOICPA requirements. Under Part B, survivors can receive compensation of up to $150,000 plus medical expenses incurred by the deceased worker. Under Part E, survivor benefits include at least $125,000 in compensation but not to exceed $175,000. To be eligible for survivor benefits, spouses must have been married to the worker at least one year prior to their death. If no spouse is present, benefits will be paid to their children, providing they meet the requirements. Children must either be under 18 years of age or 23 years of age and a full-time student enrolled in school. Adult children who are incapable of self-support, such as one on Social Security Disability, are also eligible for benefits.