Filing an EEOICPA Claim: Who Qualifies?
The dangers of radiation and toxic exposure are well-known today. However, when the atomic weapons programs in the United States was in full-force during the Cold War, thousands of workers at various facilities were not aware or were not informed about the potential risks of the substances they were being exposed to.
To assist in compensating these workers who have suffered various illnesses and cancers due to radiation and exposure to toxic substances, Congress approved the Energy Employees Occupational Illness Compensation Program Act (EEOICPA), which went into effect on July 1, 2001.
EEOICPA Eligibility
Under Part B of the EEOICPA, Department of Energy (DOE) employees or surviving family members of employees who worked at a covered DOE facility, atomic weapons employer facility, or a beryllium vendor facility over a certain amount of time may be eligible for compensation and medical benefits if he or she suffers from beryllium disease, silicosis, or radiation induced cancer. As stated in EEOICPA Part B, uranium workers who were given compensation under Section 5 of the Radiation Exposure Compensation Act (RECA) may qualify for an extra $50,000 payment.
Under Part E of the EEOICPA, covered employees or eligible surviving family members of covered employees who suffer from any illness or cancer caused by toxic exposures from performing job responsibilities at a DOE facility may qualify to receive compensation and medical benefits. DOE contractors, subcontractors, and eligible surviving family members of these workers who have any illness or cancer caused by toxic substance exposure at a covered DOE facility may also be eligible. While employees for beryllium venders are not given benefits under Part E, uranium miners, millers, and additional transporters may be given Part E benefits under Section 5 of the RECA.
Navigating EEOICPA Claim Complexities
Any worker or surviving family member of a worker pursuing compensation and benefits under Part B and/or Part E of the EEOICPA has the burden of proof in providing the proper medical evidence to demonstrate the severity of their medical condition. Filing a claim under the EEOICPA is an intricate process consisting of many steps. To ensure that you and your family obtain the payments that are rightfully yours, contact Page Law. Our personal injury attorneys can assist you in the application process, speak on your behalf, and provide the quality legal representation you need. Call (314) 322-8515 today for a free, no obligation consultation.
