Frequently Asked Questions
Answer:
The Energy Employees Occupational Illness Compensation Program Act (EEOICPA) is a federal program created by Congress to compensate nuclear weapons workers who were made ill, or the surviving family members of deceased workers, by work done in the US nuclear weapons industry beginning in WW2. EEOICPA also provides medical benefits for approved illnesses.
Answer:
In 2000 Congress determined that nuclear weapons production and testing involves unique dangers and workers could be harmed by exposure to even small amounts of radiation or beryllium. Congress felt that many Cold War nuclear weapons workers at Department of Energy (DOE) sites had been put at risk without their knowledge or consent. Previously secret records documented unmonitored exposures to radiation, beryllium, and toxic chemicals. Prior to the enactment of EEOICPA DOE contractors were always held harmless which made it was nearly impossible for nuclear workers to obtain compensation. Over two dozen recently published scientific studies show that some nuclear weapons workers have increased risk of dying from cancer and other diseases. Other studies show a correlation between disease and radiation or beryllium exposure. Studies also show that 98% of radiation induced cancers in nuclear workers occurred at radiation levels less than the existing maximum “safe” levels.
Who may file an EEOICPA claim?
Answer:
Any worker who has been diagnosed with cancer or
any other illness caused by chemical or toxins and
who worked at one of the covered DOE facilities may
file a claim.
Anyone who is a survivor, as
defined by the law, of a worker who died of cancer
or chemically caused illness and worked at one of
the covered DOE facilities may file a claim.
Answer:
Any worker who has been diagnosed with cancer or
any other illness caused by chemical or toxins and
who worked at one of the covered DOE facilities may
file a claim.
Anyone who is a survivor, as
defined by the law, of a worker who died of cancer
or chemically caused illness and worked at one of
the covered DOE facilities may file a claim.
Answer:
Survivors are defined differently for Part B and
Part E.
Survivors under Part B include:
1) a spouse of a worker, married for at least one
year
2) a child if there is no living spouse
3) a parent if there is no living spouse or child
4) a grandparent if there is no living spouse, child
or parent
5) a grandchild if no surviving spouse,
child, parent, or grandparent.
Survivors under
Part E include:
1) a spouse of a worker, married
for at least one year
2) if there is no surviving
spouse, children who were under age 18 at the time
of the worker's death, and children up to age 23 if
in college at the time of the workers death, or
children any age if unable to work because of
medical disability at the time of the worker's
death.
Answer:
Part B of EEOICPA provides compensation for
workers with radiation induced cancers, beryllium
disease or silicosis. Claimants whose claims are
approved will receive a lump-sum payment of $150,000
and medical benefits for the covered illness. Some
claimants paid under Part B will also be paid under
Part E.
There are two ways to be paid under a
Part B radiation claim:
The National Institute
for Occupational Safety and Health (NIOSH) does a
dose reconstruction for a claimant to estimate what
radiation the worker was exposed to.
If NIOSH
does not have enough evidence to estimate the amount
of radiation workers at a facility were exposed to a
Special Exposure Cohort (SEC) can be designated to
allow workers with any one of twenty-two qualifying
cancers to be approved without undergoing a dose
reconstruction.
NIOSH then sends the claim to
Department of Labor for final determination.
Answer:
Part E compensates workers for all occupationally
induced illnesses caused by any toxic substance.
Claimants with approved claims can receive
compensation for lost wages and impairment of up to
$250,000 plus medical benefits for the covered
illness.
Part E used to be known as Part D.
Originally Part D was managed by Department of
Energy (DOE). In 2004 Department of Labor (DOL) took
over and now manages Part E claims.
Answer:
Fill out either the EE-1 form if you are the
worker or the EE-2 form if you are a survivor. These
can be printed out and mailed.
If you need help
filling out the forms or you have questions, your
local Resource Center can assist you. They can also
fill out the forms over the phone and mail them for
you.
Answer:
- Keep copies of all EEOICPA mailings to and from DOL and NIOSH in a three-ring binder for quick reference. Or if you prefer, scan all documents into your computer and store there. When you name the documents on the computer put the date, starting with the year first to make them easy to find in chronological order.
- Put all requests to DOL or NIOSH in writing. When either agency gives you a verbal answer to a question ask them to put it in writing as well, or write them a letter following the conversation documenting what was said. If you need to take your claim to appeal you will want a clear paper trail.
- When mailing important information to DOL send it by certified mail and save the receipts, or put tracking on the letter, to prove they received the information.
- Never mail originals of any documents; send only copies
- File a Freedom of Information Act (FOIA) request with Department of Energy (DOE) and request a copy of all the records in your file. Specifically ask for your Industrial Hygienist and Health Physics reports. DOL does not always request all your records. Often you will find information that is helpful with your claim, such as training you had for handling specific toxic substances.
- If your claim has been in progress for a while, request a copy of your administrative record from DOL. This should contain everything that DOL has on your claim, including internal communications. This may help you identify errors that have been made on your claim.
- For your Part E claim review DOL's Site Exposure Matrix (SEM) for your facility. While the SEM is incomplete it does offer a good place to start researching what toxins were on your site.
- Review documents from your facility for the
time period that you worked there whenever
possible. These documents are invaluable when it
comes to documenting your exposure. DOL does not
have all exposures documented. When you find a
toxin or radionuclide you likely were exposed
to, copy the document, noting the page number
and site identifier of the document. Organize
these and send them to DOL. Then also send a
copy of all radionuclide exposure to NIOSH. OSTI
is one place to research documents.
Contact the DOL Ombudsman's office and ask for help if you are having trouble working with DOL. - Contact the NIOSH Ombudsman's office and ask for help if you are having trouble with your dose reconstruction.
Answer:
- An Atomic Weapons Employer is a private company that processed or produced radioactive material used to create atomic weapons for the United States, except for uranium mining and milling. This can include a period of residual contamination. Workers at AWE sites are eligible for Part B. DOE determines which sites are AWE sites.
- DOE's Office of Health, Safety and Security maintains a searchable database of the different facilities and their classifications. EECAP has developed a fact sheet that shows how a site was classified during a specific time period.
Answer:
A Beryllium Vendor is a private company that
produced beryllium for use in atomic weapons for the
United States and is named in a Department of Energy
list. This can include a period of residual
contamination. Workers at Beryllium Vendor sites are
eligible for Part B. DOE determines which sites are
BE sites.
DOE's Office of Health, Safety and
Security maintains a searchable database of the
different facilities and their classifications.
EECAP has developed a fact sheet that shows how a
site was classified during a specific time period.
Answer:
A DOE facility is a location that DOE owned or leased or held certain contracts while producing radioactive material for atomic bombs or in which certain contracts were held. This can include a period of residual contamination. Workers at DOE sites are eligible for both Part B and Part E. DOL determines which sites are DOE sites. DOE's Office of Safety and Security maintains a searchable database of the different facilities and their classifications. EECAP has developed a fact sheet that shows how a site was classified during a specific time period.
Answer:
The United States conducted nearly 200 atmospheric nuclear weapons development tests from 1945 to 1962. Essential to the nation’s nuclear weapons development was uranium mining and processing, which was carried out by tens of thousands of workers. Following the tests’ cessation in 1962 many of these workers filed class action lawsuits alleging exposure to known radiation hazards. These suits were dismissed by the appellate courts. Congress responded by devising a program allowing partial restitution to individuals who developed serious illnesses after exposure to radiation released during the atmospheric nuclear tests or after employment in the uranium industry: the Radiation Exposure Compensation Act was passed on October 5, 1990. The Act’s scope of coverage was broadened in 2000.
Answer:
An Authorized Representative is someone the claimant appoints to help with the claim. If you are having trouble finding information you need for your claim or if you are feeling stressed by the EEOICPA process an Authorized Representative may be helpful to you. You can appoint anyone you wish to be an Authorized Representative but you can only have one Authorized Representative at a time. You can appoint an Authorized Representative using DOL's form or you may send a signed letter to DOL with the appointed person's name, address and phone number.