Ombudsman

for 

Office of the

Part B & E

Energy Employees Occupational 

Illness Compensation Program
The Office of the Ombudsman

The Office of the Ombudsman for the Energy 

Employees Occupational Illness Compensation 

Program was created by Congress in October 2004 

as an independent office within the Department of 

Labor to provide information and to address concerns 

relating to the benefits available under the Energy 

Employees Occupational Illness Compensation 

Program Act (EEOICPA). 

As designated by Congress, the Office of the 

Ombudsman has three primary responsibilities:

1. To provide information to claimants and potential 

claimants, and other interested parties on the 

benefits available under EEOICPA and the 

requirements and procedures applicable to the 

provision of these benefits;

2. To make recommendations to the Secretary of 

Labor on where to locate resource centers for the 

receipt and development of claims;

3. To submit an Annual Report to Congress by 

July 30 of each year, setting forth the numbers 

and types of complaints, grievances, and requests 

for assistance received by the Ombudsman and 

to provide an assessment of the most common 

difficulties encountered by claimants and potential 

claimants during the preceding year.

When originally created in October 2004, the Office 

of the Ombudsman only had authority with respect to 

claims filed under Part E of EEOICPA. The National 

Defense Authorization Act for Fiscal Year 2010 

expanded the authority of this Office to include Part B 

of EEOICPA.
Claimants and potential claimants with questions 

and issues concerning EEOICPA are encouraged to 

contact the Office of the Ombudsman. 

In addition, the Ombudsman and staff members travel 

across the country to meet with employees, former 

employees and surviving family members to hear their 

concerns and problems. 

For more information regarding the Office of the 

Ombudsman, please visit our website at 

www.dol.gov/eeombd or telephone us using our

toll free number: 1-877-662-8363.

We look forward to hearing from you!
Part B of EEOICPA

Part B of EEOICPA covers current and former workers 

who have been diagnosed with cancer, beryllium 

diseases, or silicosis if the illness was caused by 

exposure to radiation, beryllium or silica while working 

at a Department of Energy facility; Beryllium Vendor; 

Atomic Weapons Employer; or at RECA mines or mills.

ELIGIBILITY

EMPLOYMENT ELIGIBILITY (CURRENT OR 

FORMER)

• Department of Energy employees

• Department of Energy contractors and 

subcontractors

• Employees of Beryllium Vendors

• Employees of Atomic Atomic Weapons Employers

• Approved Section 5 RECA claims

SURVIVOR ELIGIBILITY

• Eligible Spouse

• Children – regardless of age

• Parents

• Grandchildren

• Grandparents

COVERED ILLNESSES

• Cancer with a 50% or greater probability of 

causation that the cancer was at least as likely as 

not caused by radiation exposure;

• Chronic Beryllium Disease (CBD);

• Beryllium Sensitivity;

• Chronic Silicosis (only if the employee worked 

during mining of atomic weapon test tunnels in 

Nevada or Alaska).
PART B CANCER CLAIMS

• Two paths to compensation:

1. Diagnosis of at least one of the 22 specified 

cancers listed in Part B, and sufficient number 

of workdays at one or more designated Special 

Exposure Cohort (SEC) facilities; or 

2. Diagnosis of any cancer, and probability of 

causation (PoC) of 50% or higher from radiation 

dose reconstruction.

• National Institute for Occupational Safety and Health 

(NIOSH) performs the dose reconstruction.

• Department of Labor uses the dose reconstruction 

to determine the PoC.

AVAILABLE PART B COMPENSATION

• For Beryllium Sensitivity:

ᴑ Medical monitoring

ᴑ No lump sum compensation

• For approved approved Section 5 RECA claims

ᴑ $50,000 (lump sum)

ᴑ Medical treatment for covered illness

• For all other illnesses (cancer, CBD, and chronic 

silicosis) covered by Part B

ᴑ $150,000 (lump sum)

ᴑ Medical treatment for covered Part B illness
Part E of EEOICPA

Part E of EEOICPA provides monetary compensation

and medical benefits for employees of Department 

of Energy contractors and subcontractors, as well 

as eligible survivors, for covered illnesses or death 

related to exposure to toxic substances arising 

from employment at covered Department of Energy 

facilities. 

Part E also provides monetary compensation and 

medical benefits to uranium miners, millers, and ore 

transporters covered by Section 5 of the Radiation 

Exposure Compensation Act (RECA). Where 

applicable, survivors of RECA Section 5 employees are 

also entitled to monetary payments under Part E.

EMPLOYMENT ELIGIBILITY

• Department of Energy Contractor

• Department of Energy Subcontractor

• RECA Section 5 uranium miner; miller; ore

transporter

ELIGIBILITY IF THE WORKER IS DECEASED

• Eligible Spouse

• Child, who at the time of the employee’s death was:

ᴑ Under the age of 18;

ᴑ Under the age of 23 & a full time-continuous

student; or

ᴑ Any age, if medically incapable of self-support.

COVERED ILLNESS

Any illness or death (including illness or death 

related to cancer or beryllium) where it is “at least 

as likely as not” that exposure to a toxic substance 

at a covered facility was a significant factor in 

aggravating, contributing to, or causing the employee’s 

illness or death.
AVAILABLE PART E BENEFITS

1. Employees:

ᴑ Employees who are determined to be eligible 

for Part E benefits are entitled to medical 

benefits to cover the reasonable cost of 

treatment for their covered condition(s).

ᴑ In addition, covered employees may also 

be eligible to receive up to a maximum of 

$250,000 in monetary compensation. Monetary 

compensation is based on the level of wage 

loss and/or impairment.

g Wage Loss:

ᴑ Based on the number of years that the 

employee was unable to work or sustained 

a reduction in earnings as a result of the 

covered illness.

ᴑ Payable for years of lost wages prior to 

the employee’s normal Social Security 

Retirement age.

g Whole-person Impairment:

ᴑ Based on the decrease in the functioning 

of a body part or organ as it affects the 

whole body, due to a covered illness under 

EEOICPA.

ᴑ Impairment rating is performed once 

the claimant reaches maximum medical 

improvement (i.e. the condition is stabilized 

and is unlikely to improve with additional 

medical treatment).

ᴑ Impairment rating is performed by a qualified 

physician using the American Medical 

Association’s Guide to the Evaluation of 

Permanent Impairment, 5th Edition.

2. Eligible survivors – if approved under Part E may 

receive compensation ranging from $125,000 to 

$175,000 depending upon the level of proven 

wage loss.

Note: The maximum compensation caps for 

benefits under Part E do not include medical 

expenses for the accepted illness, or compensation 

received under Part B.
CONTACT INFORMATION

Email: OMBUDSMAN@DOL.GOV

Address

Office of the Ombudsman

Energy Employees Occupational Illness 

Compensation Program

U.S. Department of Labor

Room N-2454

200 Constitution Ave., NW

Washington, DC 20210

Toll Free Phone Number 1-877-662-8363

Fax Number 202-693-5899

For additional information, visit our website 

www.dol.gov/eeombd