What if the worker already received a RECA Section 5 payment?

The Energy Employees Occupational Illness Compensation Program Act (EEOICPA), administered by the Department of Labor's Division of Energy Employees Occupational Illness Compensation (DEEOIC) within OWCP, compensates current and former Department of Energy (DOE) nuclear weapons workers, contractor and subcontractor employees, atomic weapons employer workers, and beryllium vendor employees who developed occupational illness from radiation, beryllium, or silica exposure on the job. The program also covers eligible survivors of those workers. EEOICPA was enacted in October 2000; Part B (cash + medical for radiogenic cancer, chronic beryllium disease, beryllium sensitivity, or chronic silicosis) took effect July 31, 2001, and Part E (DOE contractor/subcontractor and uranium workers, plus survivors, for any occupational illness causally linked to toxic exposure) was added October 28, 2004.

Death notification

DEEOIC does not receive death notifications directly. If the covered worker dies — either before filing or while a claim is pending — eligible survivors file a survivor claim by submitting Form EE-2 (Claim for Survivor Benefits Under EEOICPA) along with a certified copy of the death certificate to the Resource Center nearest the survivor's home or to a DEEOIC District Office. If the worker had already been awarded benefits before death and the survivor is eligible under the statutory priority order, the survivor still must file Form EE-2 to receive any unpaid lump-sum award and continuing entitlements.

Deadline: No statutory deadline to file an EEOICPA survivor claim, but families are encouraged to file as soon as possible because employment, exposure, and medical records are easier to gather earlier.

Survivor benefits

The EEOICPA offers 3 benefits for surviving family members.

Part B Lump-Sum Compensation

A one-time payment of $150,000 to the eligible survivor(s) of a covered employee who was diagnosed with a Part B occupational illness (radiogenic cancer, chronic beryllium disease, beryllium sensitivity, or chronic silicosis) caused by exposure to radiation, beryllium, or silica while employed at a covered DOE, atomic weapons employer, or beryllium vendor facility. If the deceased worker was already awarded Part B compensation but had not been paid before death, the unpaid lump sum goes to surviving eligible family members in the statutory priority order.

Amount: $150,000 lump sum (Part B). Medical benefits do not transfer to survivors.

Part E Survivor Compensation

A separate cash benefit, in addition to any Part B payment, for survivors of a DOE contractor, subcontractor, or uranium worker whose death was caused by, contributed to by, or aggravated by a covered occupational illness from toxic exposure in the DOE or covered mining work environment. Survivor benefits are at least $125,000. If the worker sustained wage loss from the covered illness before Social Security retirement age, additional survivor compensation is added by tier: $0 for fewer than 10 years of wage loss, $25,000 for 10 to 19 years, and $50,000 for 20 or more years — total survivor compensation not to exceed $175,000. The aggregate Part E cap per worker (across all claimants and conditions) is $250,000, excluding medical benefits (42 U.S.C. 7385s-12).

Amount: At least $125,000; rises to $150,000 (10-19 years of the worker's wage loss) or $175,000 (20+ years), not to exceed $175,000 total; $250,000 aggregate per-worker statutory cap excluding medical benefits (42 U.S.C. 7385s-12).

RECA Section 5 Companion Payment

A worker (or their survivors) who was previously awarded benefits by the Department of Justice under Section 5 of the Radiation Exposure Compensation Act (RECA) — covering uranium miners, millers, and ore transporters — is also eligible for an EEOICPA Part B payment. Survivors of these workers can file a Form EE-2 to claim the EEOICPA benefit in addition to the RECA award already received from DOJ.

Amount: $50,000 lump sum (Part B companion to a RECA Section 5 award), plus medical benefits for the covered illness during the worker's lifetime.

Forms

EE-1Claim for Benefits Under EEOICPA (Employee)

Used by the covered worker (employee) to claim Part B and/or Part E benefits during their lifetime.

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EE-2Claim for Survivor Benefits Under EEOICPA

Used by eligible survivors (spouse, children, parents, grandchildren, grandparents in priority order) to claim Part B and/or Part E benefits after the worker's death.

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EE-3Employment History

Documents the worker's complete employment history at covered DOE, atomic weapons employer, beryllium vendor, or RECA Section 5 mining facilities. Filed with every EE-1 or EE-2 claim.

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EE-4Employment History Affidavit

Sworn statement from a co-worker or other person with personal knowledge of the covered employee's employment when records are unavailable.

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EE-10Impairment/Wage-Loss Benefits Claim

Used under Part E to claim impairment and wage-loss benefits; relevant to the wage-loss tier that can raise a Part E survivor award toward the $175,000 maximum.

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When someone dies

Notifying the EEOICPA after a death

6-step process, 7 required documents, and 3 survivor benefits.

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Frequently asked questions

A worker (or surviving family) previously awarded benefits by the Department of Justice under Section 5 of the Radiation Exposure Compensation Act (uranium miners, millers, and ore transporters) is also eligible for an EEOICPA Part B payment of $50,000 plus medical benefits for the covered illness. File Form EE-2 and attach the DOJ RECA award letter. RECA and EEOICPA payments do not offset each other.