I’m going to assume you’ve already read our eligibility page or are familiar with EEOICPA. If you’re unsure which part of EEOICPA you might be eligible for, please see our page on EEOICPA eligibility to get started.
On this page we’ll detail Part E of the Energy Employees Occupational Illness Compensation Program.
Part E also used to be known as Part D prior to 2004. It’s a part of the law that attracts a lot of controversy due to the vast array of exposures and illnesses covered.
With Part B claims the possible conditions for compensation include radiogenic cancers, chronic silicosis, or beryllium disease. A fairly specific list of conditions.
On the other hand, Part E claims can cover ANY diagnosed illness that may have been caused by a toxic substance. This includes all the illnesses covered under Part B.
Considering some nuclear weapons production sites had 2500+ potentially toxic chemicals on-site, Part E can technically cover almost any illness if a link between exposure and illness can be proven.
However, linking the exposure and illness is the tricky piece of Part E claims. The burden of proof is on the claimant to prove that a specific substance caused them to get sick.
Not to worry though, here we’ll lay out a bunch of resources to help you prove causation and put together a solid claim. But first, let’s talk about the available benefits.
Unlike Part B benefits, Part E does not include a lump sum payout. Workers are compensated through 2 methods: wage-loss and impairment ratings. The amount of compensation received depends on the results from both methods.
To think about it another way, Part E is where EEOICPA compensates workers for the wages or body function they’ve lost due to illness. Each worker’s individual situation will dictate how much compensation they receive.
Potential benefits include:
- Up to $250,000 based on wage-loss and impairment
- Medical coverage for the accepted illness
- Survivor benefits are also available
Part E Eligibility
To qualify for any benefits under EEOICPA you must meet the following three conditions:
- Prove employment at a covered facility
- Have a diagnosed medical condition
- Prove causation between your illness and exposures
The first two pieces are pretty straight forward. Where Part E gets complicated is proving a link between exposure and illness.
First you’ll need to make sure you worked at a covered Department of Energy facility. The Department of Labor provides a database of all facilities eligible for EEOICPA.
When looking up your facility’s profile, you will see a field called “Time Period:” in bold. This date range indicates the time periods of employment covered under EEOICPA.
Once you’ve confirmed your employment to be eligible, you’ll need to provide proof of employment.
There are a number of resources which can help prove employment, such as:
- Employment contracts
- Old pay stubs
- Department of Energy records
- W2s and other tax filings
- Social Security Administration documents
- Statements from coworkers
- And more…
A representative at one the eleven Department of Labor’s Resource Centers across the country can help you retrieve these documents to verify your employment.
It’s important to remember that any illness must be officially diagnosed by a doctor. In some cases the Department of Labor may ask for supporting information around the diagnosis from your doctor.
Proving a link between the chemicals you were exposed to and your diagnosed condition(s) is
Since there are an endless number of combinations
Because Part E covers such a vast array of illnesses, it’s beyond the scope of this page for me to cover everything.
However, there are some common questions that I’d like to address.