An Insight into Energy Employees Occupational Illness Compensation Act

The Energy Employees Occupational Illness Compensation Act is popularly known as EEOICPA, its abridged form. It was enacted to offer compensation to the workers who have fallen sick due to exposure to radioactive material while working with the Department of Energy. The federal program covers certain illnesses believed to result from excessive exposure to radiation and heavy metals.

The EEOICPA clearly mentions the categories of workers entitled to receive compensation for occupational illnesses caused by exposure to hazardous materials at the workplaces. Occupational illnesses usually refer to chronic silicosis, beryllium illness and some specific types of cancer.

Chronic Silicosis

Chronic silicosis is a non-malignant disease of lung and caused due to exposure to silica dust. It takes at least a decade before the diseases forms in the lung. The worker afflicted with chronic silicosis is required to submit his medical report that confirms diagnosis of the diseases. The physician usually suggests a chest radiograph or lung biopsy that reveals presence of the disease.

Beryllium Illnesses

The illness covers a wider range of areas including the followings:

• Beryllium sensitivity that can be confirmed by beryllium lymphocyte proliferation test performed on lung or blood cells.
• Conformed presence of chronic beryllium disease
• Any injury, illness, impairment or disability resulting from exposure

The claimant is required to provide certain proofs to establish presence of chronic beryllium illness. On or after 1st January, 1993, the worker seeking compensation for Beryllium Illness must give a proof of a pulmonary exercise or function test, computer-aided axial tomography scan or a lung biopsy to establish the presence of pulmonary deficit. Beryllium Illness diagnosed before 1st January, 1993 requires the claimant to provide the proof of exposure as well as one of the followings:

• Characteristic abnormalities in chest radiography
• Obstructive or restrictive lung physiology test
• Lung pathology tests consistent with Beryllium Illness
• Clinical course consistent with the disease
• Immunologic tests (for example, blood test or skin patch) establishing presence of beryllium sensitivity

Covered Cancers

According to the EEOICPA and RECA, the workers diagnosed with certain types of cancers are entitled to seek compensation only if certain conditions are met. The claimant must prove that onset of the diseases happened within five years of the person’s exposure to hazardous substances. The following cancers are covered under the compensation scheme:

• Colon Cancer
• Bile Ducts
• Breast (if the primary exposure happened before the claimant reached 20)
• Esophagus (if the claimant was not a heavy smoker or alcoholic)
• Gall Bladder
• Liver (if not diagnosed with hepatitis B or cirrhosis)
• Lymphomas
• Multiple Myeloma
• Ovarian
• Pancreas (if the claimant was not a heavy smoker, alcoholic or did not consume excessive amount of coffee)
• Pharynx (unless the claimant was a chain smoker)
• Salivary Gland
• Small Intestine
• Stomach (if the claimant was diagnosed with the disease before reaching 40)
• Skin
• Thyroid (if the claimant diagnosed with the disease before attaining 20)

Contact a healthcare professional to know the types of diseases resulting from exposure to particular types of radiation. Identifying the physical, financial and emotional conditions of the workers afflicted with any of these diseases, the government allows the eligible claimants to receive full medical benefits and compensation for their lost wages.