Information about EEOICPA |
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The Department of Labor processes claims filed under a compensation program created by the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). This program pays workers who were approved for compensation under Section 5 of RECA, or their eligible survivors, an additional $50,000 and future medical benefits related to the condition for which they were approved for compensation under RECA. You need not have actually received your payment from RECA in order to be found eligible for the additional compensation and benefits under EEOICPA. In addition to the $50,000 noted above, RECA Section 5 claimants may be entitled to compensation and benefits pursuant to a recent amendment to EEOICPA. For more information, please check the Department of Labor website at: www.dol.gov/esa/regs/compliance/owcp/eeoicp/PARTE.htm Need more information? See our Frequently Asked Questions:
Do I Need to re-file my RECA claim to be eligible for EEOICPA? No. If you have been approved under the RECA Program and were awarded $100,000 in compensation, you do not need to file another claim form under the RECA Program. Instead, you should file an EEOICPA claim form as instructed below. (You need not have actually received your payment from RECA.) Which claimants fall under Section 5 of RECA? Section 5 of the RECA statute covers uranium miners, uranium mill workers, and uranium ore transporters. Does EEOICPA have any relation to RECA "downwinder" and "onsite participant" claimants? Yes. RECA "downwinder" and "onsite participant" claimants are covered under RECA section 4. Although EEOICPA extends additional compensation and benefits to RECA section 5 claimants, individuals filing under RECA section 4 may have independently valid claims under EEOICPA. The EEOICPA provides a lump sum payment of $150,000 and payment of medical benefits for the condition for which the claim is approved to those individuals who were employees of the Department of Energy or Department of Energy contractors or subcontractors and subsequently contracted a specified illness, or the eligible surviving beneficiaries of those employees. Under EEOICPA, "an individual may not receive compensation or benefits under the compensation program for cancer and also receive compensation under the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) or section 1112(c) of title 38, United States Code." 42 U.S.C.A. § 7385j. This provision of the EEOICPA statute has been interpreted to mean that your election to accept payments under section 4 of RECA (either $50,000 for "downwinders" or $75,000 for "onsite participants") will disqualify you from receiving any benefits under EEOICPA for which you may be eligible. If you are a "downwinder" or "onsite participant" claimant and you accept payment under section 4 of RECA, you will not be eligible to receive any payments under the EEOICPA. How do I file an EEOICPA claim? Claim forms are available from the Department of Labor's Website. If you were once a uranium miner, miller, or ore transporter, you should fill out Form EE-1, "Claim for Benefits under Energy Employees Occupational Illness Compensation Program Act." If you are the survivor of a uranium miner, miller, or ore transporter, you should fill out Form EE-2, " Claim for Survivor Benefits under Energy Employees Occupational Illness Compensation Program Act." If you are a former uranium miner, miller, or ore transporter (rather than the survivor of a former miner, miller, or ore transporter), you may be eligible for medical benefits related to the condition for which you were approved under RECA. It is important to understand that any medical treatment you receive on or after the date you file your claim may be paid for. Thus, it is in your best interest to file your claim form as soon as possible. How much time do I have to file a claim? There is no deadline. However, if you are eligible you will only be able to obtain medical benefits for treatment of your RECA claim illness beginning on the date you file your claim. Where do I mail my EEOICPA claim form? Your claim form should be mailed to the Department of Labor at the following address: U.S. Department
of Labor EEOICP May I file my EEOICPA claim with the RECA Program Office at the Department of Justice? No. Doing so will only delay the processing of your EEOICPA claim. Will my EEOICPA claim be accepted for filing if I am not able to attach a copy of my RECA Award Letter? Yes. However, you should search your records and make every attempt to attach a copy of the Award Letter that you received from the RECA Program.
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Aug. 22,, 2001