Energy Employees Occupational Illness 

Compensation Program Act (EEOICPA) 

U.S Department of Labor

Office of Workers’ Compensation Programs 

Division of Energy Employees Occupational Illness Compensation 

https://www.dol.gov/agencies/owcp/energy

Do I Qualify for Wage-Loss Benefits under the EEOICPA?

Part E of the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) 

provides for a wage-loss benefit for employees and their survivors. A claimant can file a claim 

for wage-loss benefits under Part E of the EEOICPA at any time. Before DOL’s Division of 

Energy Employees Occupational Illness Compensation (DEEOIC) can make a determination on 

a wage-loss claim, an employee’s claim must have been accepted under Part E for one or more 

covered medical conditions. The decision to accept finds that the employee contracted a covered 

illness due to exposure to a toxic substance at a covered facility. For survivor claims, the 

decision must also conclude that the employee died as result of the covered illness. To be 

eligible for wage-loss compensation, the employee’s loss of wages must be related to a covered 

illness.

Wage-Loss Compensation for Employees 

Covered employees may receive compensation for wage loss, if the loss is related to an accepted 

condition under Part E. Wage-loss compensation is payable for those years the employee 

experienced loss of wages before his or her Social Security Administration (SSA) regular 

retirement age. The benefit amount is calculated using a formula that applies an Average 

Annual Wage (AAW), which is calculated per year, using the previous 36 months of wages 

preceding the onset of qualifying wage loss. The AAW provides a way to measure loss of wages 

by comparing wages before and wages after a claimant began experiencing wage loss.

Calculation of an Employee’s Wage-Loss Compensation 

To determine the amount of wage-loss compensation an employee will receive, DEEOIC 

considers the following factors: 

• When initial loss of wages began (the month it was first experienced);

• Dates of wage loss claimed (specific dates provided by the employee);

• Number of years of wage loss prior to the SSA regular retirement age; and

• Calculated Average Annual Wage amount prior to the onset of wage loss.

For each qualifying year in which an employee’s earnings were significantly below his or her 

calculated Average Annual Wage, either $10,000 or $15,000 is payable. DEEOIC awards: 

• $10,000 per qualifying year, where wages were between 50% and 75% of the AAW.

• $15,000 per qualifying year, where wages were 50% of the AAW or less.
Energy Employees Occupational Illness 

Compensation Program Act (EEOICPA) 

U.S Department of Labor

Office of Workers’ Compensation Programs 

Division of Energy Employees Occupational Illness Compensation 

https://www.dol.gov/agencies/owcp/energy

Wage-Loss Compensation for Survivors 

Survivors may receive wage-loss compensation as well. In addition to the one-time $125,000 

lump-sum compensation for accepted conditions under Part E, eligible survivors may receive 

additional wage-loss compensation payments of: 

• $25,000 when an employee accrued between 10 and 19 years of qualifying wage loss; or

• $50,000 when an employee had 20 years or more of qualifying wage loss.

Benefits under Part E of the EEOICPA also include payment of medical expenses for covered 

conditions and compensation for permanent impairment. The maximum compensation amount 

for all claims relating to one employee under Part E of the EEOICPA is $250,000, in addition to 

medical benefits for the employee’s accepted condition(s). 

Evidence Needed to Support Wage Loss 

DOL is committed to delivering benefits to all eligible claimants. To facilitate fair, accurate and 

timely benefit awards, claimants need to provide employment and medical documentation to 

support the claimed wage loss. DOL district offices are available to help claimants obtain the 

needed records, which can include: 

• Social Security earning statements or disability records

• Pay stubs, Union records, or Pension records

• Tax returns

• Physician’s office notes or Return-to-work slips

• Physician’s signed statement explaining a causal relationship between the covered

illness and period(s) of wage loss

• District Medical Consultant’s (DMC) evaluation report

Additional Filings for Wage-Loss Compensation 

New wage-loss claims may be filed on Form EE-10 for additional calendar years of wage-loss 

compensation, subsequent to calendar years for which an employee was previously 

compensated, up to the employee’s retirement age and subject to the $250,000 Part E limit. 

For help filing a wage-loss claim or other questions, contact your District Office, your local 

Resource Center, or call DEEOIC’s toll-free number at 866-888-3322.