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The Energy Employees Occupational Illness Compensation Program Act (EEOICPA) was signed into law by President Bill Clinton to provide financial protection and medical benefits to workers who had been made severely ill due to exposure to radiation and other toxic substances while working in the nuclear weapons industry. Beyond providing workers with critically important EEOICPA healthcare benefits, the law also grants certain eligible workers wage-loss compensation.

 

EEOICPA: How is Wage-Loss Compensation Calculated?

If you or a loved one qualifies for wage-loss benefits under EEOICPA, your compensation will be calculated by officials at the Division of Energy Employees Occupational Illness Compensation (DEEOIC). In making a wage-loss calculation, DEEOIC officials will consider several different factors, including:

 

  • The date at which wage-loss began;

  • The total length of time that wages were lost; and

  • The average annual compensation of the affected worker.

 

DEEOIC will look at the average annual compensation for the worker for the 36-month period directly before the qualifying loss of wages occurred. If a qualified worker earned less than 75 percent of their average annual wage in any year, and that reduction in earnings occurred because of a covered illness, wage-loss benefits should be paid out for that year. Qualified workers are entitled to either $10,000 in wage-loss compensation if they earned between 50 percent and 75 percent of their normal salary, or $15,000 in benefits for lost wages they if earned less than 50 percent of their previous average wage in any year.

 

Documentation Is Needed to Establish Eligibility

One of the most challenging aspects of submitting a wage-loss claim under EEOICPA is preparing all of the documentation that will be needed to prove that one is actually eligible for benefits. Simply put, this is a highly complicated and potentially frustrating application process. The good news is that there are free resources available that you can use to understand your responsibilities and prepare your claim. Specifically, by working with an EEOICPA Resource Center, you will be able to ensure that your wage-loss claim is prepared properly and that it is included with your claim for medical benefits. Examples of documentation that you will need to submit include:

 

  • Social Security records;

  • Pension records

  • Pay stubs;

  • Tax returns;

  • Union documents;

  • Medical documentation that shows your inability to work;

  • Doctor’s notes;

  • Doctor’s testimony;

  • The official medical consultant's evaluation report;

  • Other supporting medical records.  

 

Ultimately, recovering the maximum available benefits for your lost wages requires submitting comprehensive financial and medical documentation. You should always consult with a professional who can help you prepare a strong application.

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Survivor’s Benefits

In certain circumstances, survivors may be entitled to wage-loss compensation payments. If your loved one had between 10 years and 19 years of eligible lost wages, you are legally entitled to $25,000 in compensation under EEOICPA. If your family member had more than 20 years of lost wages due to a qualifying illness or medical condition, then you, as a survivor, are entitled to $50,000 in compensation.

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