Compensation Programs
Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA)
This law enacted in 2000 offers federally-funded compensation in the amount of $150,000 to individuals with chronic beryllium disease (CBD), silicosis, and radiation related cancers. The individuals who may be eligible for this program are:
- current and former Department of Energy (DOE) workers
- DOE contractor employees
- employees of beryllium vendors
- certain survivors of these employees
Individuals with one or more abnormal beryllium lymphocyte proliferation tests (BeLPT) are eligible to file a claim for benefits through this program. Former workers with one or more abnormal BeLPTs are eligible for a medical evaluation and a lifetime benefit that will cover future medical expenses for beryllium-related health effects.
EEOICPA also provides compensation to individuals (or their eligible survivors) awarded benefits by the Department of Justice under Section 5 of the Radiation Exposure Compensation Act (RECA). Part E of the EEOICPA (enacted October 28, 2004) compensates DOE contractor and subcontractor employees, eligible survivors of such employees, and uranium miners, millers, and ore transporters as defined by RECA Section 5, for any occupational illnesses that are causally linked to toxic exposures in the DOE or mining work environment.
Under Part E of EEOICPA, covered employees may be eligible for a federal payment based on the level of impairment and/or wage loss if they develop an occupational illness as a result of exposure to toxic substances at a Department of Energy (DOE) facility. Qualifying employees may also be eligible for treatment and care of the accepted occupational illness.
The Department of Labor (DOL) oversees the program described above. To enroll in the program, former workers will need to file a claim with the DOL. The telephone number for the DOL program is: 1-866-888-3322. To get more information about this program and to obtain claim forms click on this website.
Another source of information about the program are the Resource Centers located nationwide that assist workers and their families to apply for benefits under EEOICPA. The Española Resource Center will answer any questions that you have about the EEOICPA program. The toll-free number is:(866) 272-3622. The list of Resource Centers can be found here: Resource Centers.
Once you file a claim, your claim comes under review by the District Office. The District Office for New Mexico is in Seattle, Washington. The toll free number is: (888) 805-3401. The principle function of the district office is to review claims to determine eligibility for benefits. Once the district office receives a claim, the claims examiner (CE) reviews the evidence submitted. Once appropriate development of a case file has been completed, a recommended decision is issued. The recommended decision is a preliminary finding of the district office, and includes a statement of the case, findings of fact, conclusions of law, and claimant rights of action. Each claimant is given the opportunity to object to the findings contained in the recommended decision within 60 days of issuance. Claims should be submitted according to the state of the last known Department of Energy employer. District Office Map.
Office of the Ombudsman for EEOICPA
Congress created the Office of the Ombudsman in October 2004 to provide information and to address the concerns of claimants and potential claimants relating to the benefits available under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). The Office of the Ombudsman is independent from the offices within the Department of Labor that administer the EEOICPA. The Office submits an Annual Report to Congress that sets forth the numbers and types of complaints, grievances, and requests for assistance received by the Office and provide an assessment of the most common difficulties encountered by claimants and potential claimants during the year. To contact the Ombudsman call toll-free at 1-877-OMBUDME or 1-877-662-8363. To view the Annual Report to Congress 2014.
New Mexico State Workers' Compensation Administration
In order to find out if you may be eligible for NM state workers' compensation benefits you should contact an ombudsman who can answer your questions. The telephone number for the NM Workers' Compensation Administration is: 505-841-6000. The in-state toll free number is: 1-800-255-7965. To learn more about the program click on the website. To find other offices throughout the state: NMWCA offices
If you wish to speak to an NMWCA ombudsman, you should go to the website to find a telephone number for the ombudsman in your district.