Atomic Lawyer

About the Atomic Lawyer and EEOICPA

Q: Who is the Atomic Lawyer and how can he help me?

The Atomic Lawyer is a name given to the collective legal representation that the attorneys at Gerlach & Gerlach can provide to the energy employees (or survivors) that are ill or have been injured due to thier past work environment. The Atomic Lawyer can help energy employees process thier claims in the Energy Employee Occupational Illness Compensation Program (EEOICP).

Q: What is the Energy Employees Occupational Illness Compensation Program (EEOICP) ?

Part B

The Energy Employees Occupational Illness Compensation Program Act (EEOICPA) required implementation of a program to provide compensation to employees of the Department of Energy (DOE), its predecessor agencies, and its contractors involved in nuclear weapons production and testing programs. Employees (or their eligible survivors) who have suffered certain illnesses caused by exposure to radiation, beryllium or silica are eligible to receive a lump-sum payment of $150,000 and payment of the medical expenses of the covered illness from the date of the claim. Uranium miners, millers and ore transporters (or their eligible survivors) who have been awarded compensation under Section 5 of the Radiation Exposure Compensation Act, are entitled to receive an additional payment of $50,000 and medical expenses of the covered illness from the date of the claim. Adjudication of claims under the Act is done by the Department of Labor’s Office of Workers’ Compensation Programs (OWCP).

Part E

Part E provides coverage to DOE contractor and subcontractor employees who developed any illness, including cancer, beryllium disease, and silicosis, as a result of occupational exposure to any toxic substances at a covered DOE facility.

Section 5 uranium miners, millers, and ore transporters (or their eligible survivors), and certain Section 4 RECA individuals may be eligible for benefits under the EEOICPA under both Part B and Part E.

The maximum compensation amount is $250,000 for all Part E claims related to an individual employee, but medical benefits are provided in addition to--and are not included in calculating--the maximum compensation amount. When an employee of a DOE contractor or subcontractor, or an eligible RECA claimant, qualifies for Part E compensation under the EEOICPA, the following benefits are available:

• Payment for wage loss;
• Impairment awards for employees;
• Paid medical expenses (from the filing date of the claim but no earlier than October 30, 2000) for employees with illnesses covered under Part E;
• $150,000 lump sum survivor benefit when the covered illness aggravated, contributed to, or caused employee's death; and
• Up to $50,000 wage loss survivor compensation.

excerpted from the U.S. Department of Labor, Employment Standards Administration, Division of Energy Employee Occupational Illness Compensation “Frequently Asked Questions” information pamphlet and "Benefit Information for Atomic Weapons Industry Workers and Their Survivors" pamphlet.

Q: Am I elibible to file a claim?

A worker or former worker may be eligible for benefits if:

• he or she has or had radiation-induced cancers, beryllium diseases or silicosis; and
• he or she was exposed to radiation, beryllium or silica while working in the nuclear weapons industry for DOE or its contractors or subcontractors.

Uranium miners, millers and ore transporters may be eligible for benefits if they have received an award of benefits under Section 5 of the Radiation Exposure compensation Act from the Department of Justice. If a covered worker has died, his or her survivors may be eligible for benefits.

Contact Us Now For More Information!

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