EEOICPA

The Division of Energy Employees Occupational Illness Compensation (DEEOIC) provides benefits authorized by the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). Part B of the Program went into effect on July 31, 2001 and Part E of the Program went into effect on October 28, 2004. The Department of Labor’s Office of Workers’ Compensation Programs (OWCP) is responsible for adjudicating and administering claims filed by employees or former employees or certain qualified survivors.

Part B of the EEOICPA

Under Part B of the EEOICPA a Covered Employee can receive lump sum compensation in the amount of $150,000.00. However, if the Covered Employee received an award of $100,000.00 under Section 5 of the Radiation Exposure Compensation Act (RECA), administered by the Department of Justice (DOJ), then under Part B of the EEOICPA they can only receive an additional lump sum compensation in the amount of $50,000.00. In addition to a lump sum compensation, a covered employee will be awarded medical benefits for each accepted occupational illness.

Part E of the EEOICPA

Compensation and payment of medical expenses is available to a Covered Employee, or their survivors, who develop an illness due to exposure to toxic substances at certain DOE facilities. Uranium miners, millers, and ore transporters are also eligible for benefits if they develop an illness as a result of toxic exposure and worked at a facility covered under Section 5 of the RECA. Under Part E, a toxic substance is not limited to radiation but includes things such as chemicals, solvents, acids and metals. Variable compensation up to $250,000 is determined based on wage loss, impairment, and survivorship.

Wage Loss Under Part E of the EEOICPA

Wage loss is based on the number of years that the employee was unable to work or sustained a reduction in earnings as a result of the illness. Wage loss compensation is payable for years of lost wages that are prior to regular Social Security Retirement age (usually age 65). Wage loss compensation is calculated at:

– $10,000 for each year in which wages were 25-50% less than the Average Annual Wage (AAW)*.
– $15,000 for each year in which wages were less than 50% of the AAW.

*The AAW is the average earnings for the 12 quarters (36 months) prior to the first quarter of wage loss.

Impairment Under Part E of the EEOICPA

Impairment is a decrease in the functioning of a body part or organ as it affects the whole body, as a result of the illness. An impairment rating is performed once the claimant has reached Maximum Medical Improvement. Impairment compensation is calculated at:

– $2,500 for each one percent of whole body impairment

As an example: If you were to receive a 10% whole body impairment rating you wold receive compensation in the amount of $25,000.00. A claimant may receive a new rating every 2 years.

Survivor Benefits Under Part E of the EEOICPA

Survivor benefits include lump sum compensation of at least $125,000. If the employee sustained wage loss as a result of the covered illness, and that wage loss was prior to Social Security Retirement age (usually age 65), additional compensation may be awarded as follows:

– $25,000 – if the employee had between 10 and 19 years of wage loss or
– $50,000 — if the employee had 20 years or more wage loss

Total survivor compensation may not exceed $175,000.00

EEOICPA Medical Benefits

As a qualified claimant under the EEOICPA, administered by the Department of Labor (DOL), you are entitled to medical benefits to cover the reasonable cost of treatment for your accepted condition(s). EEOICPA medical benefits for covered illnesses include reasonable and customary medical care, treatment, services, drugs prescribed by a physician, medical equipment, supplies, in-home health care, home & vehicle modifications, and travel directly associated with the treatment of a covered illness. Learn more about EEOICPA Medical Benefits.