Feeling overwhelmed by EEOICPA information or maybe even confused? It’s time to get answers to your questions about the program, AtomicWorkers® advocacy services, and the filing process.
Here are some of the most frequently asked questions we receive:
EEOICPA is administered by the Department of Labor, Office of Worker Compensation Programs, on behalf of the U.S. Federal government. Enacted in 2000 by Congress, the EEOICPA went into effect in 2001. The Act covers workers and work sites currently or formerly administered by the Department of Energy (DOE) and Atomic Energy Commission.
In addition to overseeing the EEOICPA, the Department of Labor (DOL), Office of Worker Compensation Programs, administers other federally-mandated programs, including Coal Miners Workers Compensation (DCMWC), Longshore and Harbor Workers Compensation (DLHWC) and the Federal Employee’s Compensation (DFEC).
No, you do not need an attorney. In fact, most attorneys are not experts in EEOICPA policies and procedures and are unable to provide the type of knowledgeable insight and expertise necessary for a fast and successful filing. Attorney fee structures often provide for “exceptions,” which drive your actual cost/fees significantly higher than 2% of your award—which is the only payment you will ever make to AtomicWorkers, and only after you have received compensation.
An Authorized Representative is a person a claimant legally appoints to act on their behalf in dealings with the Department of Labor for EEOICPA claims. There are a small number of EEOICPA Authorized Representatives who are bona fide experts and focus solely on EEOICPA matters, including our very own founder, Al Frowiss Jr.
As your Authorized Representative, Al will walk you through each step and handle all of the necessary research, documentation, and paperwork, so you can ensure you are taking a proactive and timely approach to your filing—from start to finish.
When it comes to payment for EEOICPA services from Al and AtomicWorkers®, there are no surprises, hidden costs or money upfront—ever. Our fee structure is simple; if you win, your fee is 2% of the award. If you do not win, you owe nothing.
While the EEOICPA allows an Authorized Representative to charge a maximum of 2% for New Claims and up to 10% for Prior Denials, we charge 2% for New and Prior Denial claims. There are no exceptions: we do not charge any fees whatsoever until you have the compensation in your possession. Then, we receive only a flat 2% of the settlement—never more.
Of course, if for some reason your claim is denied, we do not receive a penny. It doesn’t matter how many phone calls we make or how much time we spend on your claim—until you see the money, there’s no payment.
Yes. If you have the time, patience and fortitude you may be successful. Our caution is that you review the historical approval rates on the DOL web site. Approximately 50% of all claims are denied. There are many reasons for this. Check this link for the latest statistics: http://www.dol.gov/owcp/energy/regs/compliance/weeklystats.htm.
You and your family have been through a lot. Whether you are suffering from a health condition as a result of your former employment or your loved one is, the last thing you need is to deal with an overcomplicated filing process, confusing paperwork, and potential setbacks that may lead to a claim denial.
This is why AtomicWorkers® exists! We know the filing process and the EEOICPA program inside and out, which means we take the quickest route to a successful claim. Plus, we have the necessary contacts to expedite your filing or get the information you need if there are delays or other issues. We don’t stop until you have the compensation you deserve, even if that means fixing and refiling a denied claim.
The EEOICPA established a Special Exposure Cohort (SEC) for certain classes of employees. The SEC allows eligible claimants to be compensated without the completion of a NIOSH radiation dose reconstruction or determination of the probability of causation. To qualify for compensation as a member of an SEC class, a covered employee must have at least one of the 22 specified cancers and worked for a specified period of time at one of the SEC designated work sites.
If a worker qualifies under guidelines for an SEC, the procedure is more expedient, there is a presumption that radiation was the likely cause for the medical condition, and thereby, the burden of proof is lessened on the claimant.
If you worked at one of the following sites during the time period listed, you qualify as a member of an SEC.
Allied Chemical, 1-1-59 to 12-31-76 Metropolis, Il
Amchitka Island, AK, prior to 1974, one day presence, Long Shot, Milrow, Cannikin tests
Ames Laboratory, Iowa State Univ., 8-13-42 to 12-31-89 Ames, IA
Argonne National Laboratory-West, 4-10-1951 to 12-31-1957 Scoville, ID
Atomics International (NAA) sites:
Canoga Avenue (Vanowen Bldg), 1-1-55 to 12-31-60 Canoga Park, CA
DeSoto Avenue, 1-1-59 to 12-31-64 Canoga Park, CA
Downey Facility (Vandegraaf Gen), 1-1-48 to 12-31-55 Downey, CA
Santa Susana Field Lab, Area IV (ETEC), 1-1-55 to 12-31-88 Simi Valley, CA
Baker Brothers, 6-1-43 to 12-31-44 Toledo, OH
Battelle Labs, King Avenue, 4-16-43 to 6-30-56 Columbus, OH
Bethlehem Steel, 1-1-49 to 12-31-52 Lackawanna, NY
Blockson Chemical, 3-1-51 to 6-30-60 Joliet, IL
Brookhaven National Laboratory, 1-1-47 to 12-31-93 Upton, NY
BWX Technologies, 1-1-85 to 11-30-94 Lynchburg, VA
BWX Technologies, 1-1-68 to 12-31-72 Lynchburg, VA
BWX Technologies, 1-1-59 to 12-31-59 Lynchburg, VA
Clarksville Modification Center, 8-1-49 to 12-31-67 Clarksville, TN
Combustion Engineering, 1-1-65 to 12-31-72 Windsor, CT
Connecticut Aircraft Nuclear Engine Laboratory (CANEL), 1-1-58 to 12-31-65 Middletown, CT
Dow Chemical, 1-1-57 to 12-31-60 Madison, IL
Dow Chemical, 10-1-47 to 6-30-57 Pittsburg, CA
Electro Metallurgical, 8-13-42 to 12-31-47 Niagara Falls, NY
Feed Material Production Center, NLO & AEC, 1-1-54 to 12-31-78 Fernald, OH
Feed Material Production Center, 1-1-51 to 12-31-83 (non NLO workers) Fernald, OH
General Atomics, 1-1-60 to 12-31-69 La Jolla, CA
General Electric, (Air Force Plant 36, Nuclear) 1-1-61 to 6-30-70 Evendale, OH
Grand Junction Operations (AEC-DOE), 3-23-43 to 12-31-85 Grand Junction, CO
Hanford/Hanford Engineer Works (includes PNNL), 10-1-43 to 12-31-83 Richland, WA
Hanford/Hanford Engineer Works – Select Employers – 1-1-84 to 12-31-90 Richland, WA, includes Kaiser, J.A. Jones and certain sub-contractors. There are employer exclusions.
Harshaw Chemical-Harvard-Denison, 8-14-42 to 11-30-49 Cleveland, OH
Hooker Electrochemical, 7-1-44 to 12-31-48 Niagara Falls, NY
Horizons, 1-1-52 to 12-31-56 Cleveland, OH
Idaho National Laboratory – 3-1-70 to 12-31-74, one dosimeter read, Scoville, ID
Idaho National Laboratory – 1-1-75 to 12-31-80, one dosimeter read from CPP, Scoville, ID
Iowa Ordnance Plant (IAAP), Line 1, 5-1-48 to 3-31-49 Burlington, IA
Iowa Ordnance Plant (IAAP), Line 1, radiographers, 3-1-49 to 12-31-74 Burlington, IA
Joslyn Manufacturing & Supply, 3-1-43 to 12-31-47 Ft Wayne, IN
Kellex/Pierpont, 1-1-43 to 12-31-53 Jersey City, NJ
Lake Ontario Ordnance Works (LOOW), 1-1-44 to 12-31-53 Youngstown, NY
Lawrence Berkeley National Laboratory, 8-13-42 to 12-31-61 Berkeley, CA
Lawrence Livermore National Laboratory, 1-1-50 to 12-31-89 Livermore, CA
Linde Ceramics, 10-1-42 to 12-31-69 Tonawanda, NY
Los Alamos National Laboratory, 3-14-43 to 12-31-95 Los Alamos, NM
Mallinckrodt Chemical Works, 1-1-42 to 12-31-58 St. Louis, MO
Medina Modification Center, 1-1-58 to 12-31-66 San Antonio, TX
Metals and Controls, 1-1-52 to 12-31-79 Attleboro, MA
Metallurgical Lab, 8-13-42 –6-30-46 Chicago, IL
MIT, Hood Building, 3-9-46 to 12-31-63 Cambridge, MA
Monsanto Chemical, 1-1-1943 to 12-31-49 Dayton, OH
Mound Plant, 10-1-49 to 12-31-07 Miamisburg, OH
Nevada Test Site 1-27-51 to 1-31-92 Mercury, Nevada
Norton, 1-1-45 to 10-10-62 Worcester, MA
Nuclear Materials & Equipment (NUMEC), 1-1-57 to 12-31-83 Apollo, PA
Nuclear Materials & Equipment (NUMEC), 6-1-60 to 12-31-80 Parks Township, PA
Nuclear Metals, 10-29-58 to 12-31-90 Concord, MA
Oak Ridge, TN sites:
Y-12 National Security Complex, 3-1-43 to 12-31-76
X-10 Oak Ridge National Lab, 6-17-43 to 7-31-55
K-25 Gaseous Diffusion Plant, 9-1-44 to 12-31-87
S-50 Thermal Diffusion Plant 7-9-44 to 12-31-51
Oak Ridge Hospital 5-15-50 to 12-31-59
Oak Ridge Institute for Nuclear Studies (ORINS) 5-15-50 to 12-31-63
Clinton Engineer Works, 1-1-43 to 12-31-49
Pacific Proving Grounds 1-1-46 to 12-31-62, Eniwetok, Bikini, Christmas & Johnson
Paducah Gaseous Diffusion Plant, 7-1-52 to 2-1-92, Paducah, KY
Pantex, 1-1-51 to 12-31-91 Amarillo, TX
Piqua Organic Moderated Reactor Site, 5-2-66 to 2-28-69, Piqua, OH
Portsmouth Gaseous Diffusion Plant, 9-1-54 to 2-11-92, Piketon, OH
Revere Copper and Brass, 7-24-43 to 12-31-54, Detroit, MI
Rocky Flats Weapons Plant, 4-1-52 to 12-31-83 Denver-Boulder, CO
Sandia National Laboratories, 1-1-49 to 12-31-96 Albuquerque, NM
Sandia National Laboratories, 10-1-57 to 12-31-94 Livermore, CA
Savannah River Site, 1-1-53 to 9-30-72 Aiken, SC
Simonds Saw and Steel, 1-1-48 to 12-31-57 Lockport, NY
Spencer Chemical/Jayhawk Works, 1-1-56 to 12-31-61 Pittsburg, KS
St. Louis Airport Storage, 1-3-47 to 11-2-71 St. Louis, MO
Standard Oil Development, 8-13-42 to 12-31-45 Linden, NJ
Texas City Chemicals, 10-5-53 to 9-30-55, Texas City, TX
Tyson Valley Powder Farm, 2-13-46 to 6-30-48, Eureka, MO
University of Chicago, Metallurgical Laboratory, 8-13-42 to 6-30-46 Chicago, IL
University of Rochester Atomic Energy Project, 9-1-43 to 10-30-71 Rochester, NY
Ventron, 11-1-42 to 12-31-48 Beverly, MA
Vitro Manufacturing, 8-13-42 to 9-30-65 Canonsburg, PA
W.R. Grace, Curtis Bay, 5-1-56 to 1-31-58 Curtis Bay, MD
W.R. Grace, Erwin, 1-1-58 to 12-31-70 Erwin, TN
Wah Chang, 1-1-71 to 12-31-72 Albany, OR
Westinghouse Atomic Power Development Plant, 8-13-42 to 12-31-44 Pittsburg, PA
Westinghouse Electric, 8-13-42 to 12-31-49, Bloomfield, NJ
Westinghouse Electric, 2-1-58 to 6-30-59, Bloomfield, NJ
You can check on the petition status of any new or pending SEC site here: https://www.cdc.gov/niosh/ocas/secstatusTable.html
If you worked for another facility not included on this list but would like to find out more information about your eligibility to file a claim, reach out and I’d be happy to take a look for you.
The following diseases are designated as SEC Cancers:
(1) Primary or secondary* lung cancer, including sarcoma of the lung (excludes in situ lung cancer discovered during or after a post-mortem exam, mesothelioma or pleura cancer);
(2) Primary or secondary* bone cancer (including associated blood disorders – see below** and solitary plasmacytomoa);
(3) Primary or secondary* renal (kidney) cancer.
(4) Leukemia (excludes CLL) if onset was at least two years after first exposure.
The following diseases, if onset was at least five years after first exposure:
(5) Multiple myeloma;
(6) Lymphomas (excludes Hodgkin’s disease; includes Waldenstrom’s macroglobulinemia).
(7) Primary cancer of the:
- (A) thyroid
- (B) male or female breast
- (C) esophagus
- (D) stomach
- (E) pharynx, including all three areas, oropharynx, nasopharynx and hypopharynx. The oropharynx includes the soft palate, the base of the tonque and the tonsils.
- (F) small intestine
- (G) pancreas
- (H) bile ducts, including Ampulla of Vater
- (I) gall bladder
- (J) salivary gland
- (K) urinary bladder
- (L) brain (malignancies only, not including intracranial endocrine glands and other parts of the central nervous system or borderline astrocytomas)
- (M) colon, including rectum and appendix
- (N) ovary
- (O) liver (except if cirrhosis or hepatitis B is indicated)
Other malignant cancers (Prostate, Skin Cancer, etc.) may be compensable. Prostate Cancer with metastasis (“W/METS”) or multiple occurrences of skin cancer(s) require further evaluation.
* Secondary cancers are typically diagnosed as having been caused by metastasis (spread) from primary cancers.
** Bone cancer blood disorders – Bone form of solitary plasmacytoma, myelodysplastic syndrome, myelofibrosis with myeloid metaplasia, essential thrombocytosis or essential thrombocythemia, primary polycythemia vera [also called polycythemia rubra vera, P. vera, primary polycythemia, proliferative polycythemia, spent-phase polycythemia or primary erythremia].
The simple answer is NO. However, keep in mind, we are not tax accountants or tax attorneys and do not provide financial or tax advice. Each claimant should seek a professional opinion regarding this question. In some States, where a claimant is currently receiving State financial/housing assistance, a potential claimant should seek professional advice before concluding a claim.
The full text of the EEOICPA law is provided below. A specific clause states:
“Compensation or benefits provided to an individual under this (EEOICPA) …
(1) shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering; and (2) shall not be included as income or resources for purposes of determining eligibility to receive benefits described in section 3803(c)(2)(C) of Title 31, or the amount of such benefits.
Pub. L. 106-398, Title XXXVI, § 3646; Pub. L. 108-375, § 3162(e)
Section 3803(c)(2)(C) of Title 31