The information below regarding Part E of the EEOICPA was obtained from the U.S. Department of Labor (DOL) on June 17, 2106. A link to their site is provided below.
Compensation and payment of medical expenses is available to employees of DOE contractors and subcontractors, 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 Radiation Exposure Compensation Act (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 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). The AAW is the average earnings for the 12 quarters (36 months) prior to the first quarter of wage loss.
- $15,000 for each year in which wages were less than 50% of the AAW
- 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 (i.e. the condition is stabilized and is unlikely to improve with additional medical treatment). Impairment compensation is calculated at:
- $2500 for each one percent of whole body impairment
- Survivor benefits include 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:
- $0 — if the employee had less than 10 years of wage loss
- $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 lossTotal survivor compensation not to exceed $175,000.
Eligible survivors may receive compensation if the employee’s death was caused, contributed to or aggravated by the covered illness. Eligible survivors include:
- A spouse who was married to the employee for at least one year prior to his/her death.
If there is no surviving spouse, then compensation may be awarded to a covered child if, at the time of the employee’s death, the child was:
- Under the age of 18
- Under the age of 23 years and a full-time student continuously enrolled in an educational institution, or
- Incapable of self support
Medical expenses are not included in the $250,000 cap.
See our EEOICPA FAQ: EEOICPA FAQS
Also see the DOL website: Department of Labor