EEOICPA pays nuclear weapons workers and their survivors under two parts. Part B pays a fixed lump sum for radiation-related cancer, chronic beryllium disease and chronic silicosis. Part E pays for whole-person impairment and years of lost wages caused by toxic exposure at a Department of Energy site or a RECA uranium facility, with a limit per worker, plus separate survivor awards. This EEOICPA benefits calculator applies the amounts written into the Energy Employees Occupational Illness Compensation Program Act (42 U.S.C. 7384s, 7384u and 7385s-2 to 7385s-12) and the Department of Labor (DOL) rules for survivors, the Part E limit and offsets.
Count calendar years from the year the covered illness first cut the worker's pay through the year of normal Social Security retirement age. The average annual wage covers the 36 months before the month wage loss began.
Covered child: under 18, under 23 and a full-time student since 18, or unable to support themselves, on the date of the worker's death.
| Benefit | Amount | Law |
|---|---|---|
| Part B: accepted radiation-related cancer, chronic beryllium disease or chronic silicosis | $150,000 lump sum plus medical benefits | 42 U.S.C. 7384s(a) |
| Part B: uranium worker who received $100,000 under RECA section 5 | $50,000 plus medical benefits | 42 U.S.C. 7384u(a) |
| Part B: beryllium sensitivity | Medical monitoring, no lump sum | 42 U.S.C. 7384s(a)(2) |
| Part E impairment | $2,500 per percentage point | 42 U.S.C. 7385s-2(a)(1) |
| Part E wage loss, wages at or below 50% of the average annual wage | $15,000 per calendar year | 42 U.S.C. 7385s-2(a)(2) |
| Part E wage loss, wages above 50% up to 75% | $10,000 per calendar year | 42 U.S.C. 7385s-2(a)(2) |
| Part E survivor award | $125,000 | 42 U.S.C. 7385s-3(a)(1) |
| Part E survivor, 10 or more years at or below 50% | $150,000 | 42 U.S.C. 7385s-3(a)(2) |
| Part E survivor, 20 or more years at or below 50% | $175,000 | 42 U.S.C. 7385s-3(a)(3) |
| Part E limit per worker, all payees, medical benefits excluded | $250,000 | 42 U.S.C. 7385s-12 |
These amounts are written into the statute as fixed dollar figures. Medical benefits for accepted illnesses are paid in addition to the lump sums.
Part B pays $150,000 to a covered employee, or to the survivor of a deceased one, for disability or death from the occupational illness (42 U.S.C. 7384s(a)). DOL's benefits brochure lists who qualifies:
DOL's brochure adds that Part B medical expenses are paid "from the date a claim is filed". After Congress extended and expanded RECA, DOL said it is ready for new EEOICPA claims "once doj issues a decision under reca".
Part E covers employees of DOE contractors and subcontractors, and uranium miners, millers and ore transporters at RECA section 5 facilities, who became ill from a toxic substance at work. The award is the sum of two parts (42 U.S.C. 7385s-2):
DOL's own example: a 10% impairment rating is a $25,000 award. Everything paid under Part E for one worker's illness or death, to all persons, "shall not exceed $250,000", not counting medical benefits (42 U.S.C. 7385s-12).
Part B survivors are paid whether or not the death came from the occupational illness, in this order: a spouse married to the worker for at least one year before death; if none, all children in equal shares; then parents, grandchildren and grandparents (42 U.S.C. 7384s(e)). If there is a spouse and a minor child who is not the spouse's natural or adopted child, half goes to the spouse and half is shared equally by each minor child.
Part E survivors are paid only if exposure to a toxic substance was "at least as likely as not" a significant factor in causing, contributing to or aggravating the death. The award is $125,000, or $150,000 with 10 or more years, or $175,000 with 20 or more years, in which the worker's wages did not exceed 50% of the average annual wage before retirement age (42 U.S.C. 7385s-3). For a survivor claim, DOL presumes those low-wage years for every calendar year after the year of death through the year the worker would have reached retirement age (20 CFR 30.815). Part E survivors are limited to a covered spouse and covered children; parents and grandchildren do not qualify.
Election of benefits: if the worker filed under Part E and died from another cause before being paid, a survivor may take the impairment and wage-loss amount the worker would have received instead (42 U.S.C. 7385s-1). DOL says an earlier impairment or wage-loss payment to the worker "no longer voids the election of benefit option".
Living worker, cancer and Part E. An accepted cancer claim pays $150,000 under Part B. With a 30% impairment rating ($75,000), 3 years at or below 50% of the average annual wage ($45,000) and 2 years between 50% and 75% ($20,000), Part E pays $140,000. The estimate totals $290,000 plus medical benefits.
Part E limit. An 80% impairment ($200,000) plus 5 low-wage years ($75,000) adds up to $275,000, but Part E pays no more than $250,000 for one worker.
Survivor. A worker died in 2020 of a covered illness and would have reached retirement age in 2028. Two low-wage years before death plus 8 presumed years (2021 to 2028) make 10, so the covered spouse receives $150,000 under Part E. If the worker also had an accepted Part B cancer, the spouse receives $150,000 under Part B as well.
Part B pays a $150,000 lump sum for an accepted radiation-related cancer, chronic beryllium disease or chronic silicosis, or $50,000 to a uranium worker already paid under RECA section 5, plus medical benefits. Part E pays $2,500 per impairment point and $10,000 or $15,000 per year of wage loss, up to $250,000 per worker, and survivor awards of $125,000, $150,000 or $175,000.
Part B pays a fixed amount for specific illnesses: radiation-related cancer, chronic beryllium disease and chronic silicosis, for employees of DOE, its contractors and subcontractors, atomic weapons employers and beryllium vendors, plus RECA section 5 uranium workers. Part E covers DOE contractor employees and RECA section 5 uranium workers for any covered illness from a toxic substance, and pays by impairment rating and wage loss.
Yes. DOL's claim brochure is written for someone who has filed an EEOICPA claim under Part B, E or both, and each part has its own criteria and payments. The $250,000 limit applies to compensation paid under Part E, not to the Part B lump sum.
DOL multiplies the percentage points of whole-person impairment caused by the covered illness by $2,500, so a 10% rating pays $25,000. The rating follows the AMA Guides, fifth edition, after maximum medical improvement unless the illness is terminal, and you can ask for a new rating every two years or when a new illness is accepted.
Under Part B: a spouse married to the worker for at least one year before death, then children, parents, grandchildren and grandparents, in that order. Under Part E: only a covered spouse and covered children, meaning children under 18, under 23 and full-time students, or unable to support themselves when the worker died.
It reduces Part E only. DOL subtracts state workers' comp benefits paid for the same covered illness, other than medical and vocational rehabilitation benefits, after deducting the reasonable cost of getting them. A lawsuit settlement or judgment for the same exposure offsets EEOICPA payments under both parts.