Senator Orrin Hatch introduced the Radiation Exposure Compensation Act ("RECA") 21 years ago. Congress passed the act to award compensation to people who have suffered illness as a result of radiation exposure caused by uranium mining and government nuclear tests.
While it opened the door to recourse for many, RECA left some individuals who were adversely affected by radiation exposure without a remedy. To be eligible for compensation an individual must have particular medical conditions and must have been in certain geographic locations for a specific amount of time; however, many people have suffered harm as the result of radiation exposure who did not meet all of the requirements.
After years of the combined efforts of many, including people who worked in the uranium mines after 1971 ("Post '71 workers") and the attorneys at Killian & Davis, P.C., Congress is now considering amendments to expand RECA protections. Notably, these amendments would expand the qualification criteria for compensation, revise the ways that individuals can demonstrate qualification, increase some compensation levels and facilitate research.
Expansion of Qualification Criteria
Under RECA in its current state, miners, millers and haulers may qualify for compensation if they were employed up to 1971, when the United States quit purchasing domestic uranium. Post '71 workers are not eligible for compensation, even though implementation and enforcement of adequate protections after 1971 was slow and many workers were not made aware of the workplace dangers. Recent surveys indicate that:
- The majority of uranium workers did not have showers or wash areas available to them
- Uranium workers took their contaminated clothes home with them
- There was inadequate or improper ventilation in many uranium mines and processing facilities, unnecessarily increasing exposure and risks
The amendments would expand eligibility, so that workers employed between 1971 and 1990 can make claims for exposure-related diseases. Additionally, employees will be able to combine work experience to qualify to make a claim. An employee that worked in two different positions that both qualify under RECA can combine the number of years worked in both positions for qualification purposes.
The proposed amendments would increase the pool of qualifying workers by acknowledging core drillers as well. It would also expand the qualifying conditions. For example, miners could be compensated for kidney disease; currently, only millers and transporters are eligible for compensation upon developing kidney disease.
Additionally, the amendments would recognize the Trinity Test Site in New Mexico and tests in the Pacific Ocean. The geographical areas that qualify based on downwind exposure would be expanded to include:
- Arizona
- Colorado
- Idaho
- Montana
- Nevada
- New Mexico
- Utah
- Territory of Guam
Amendment to Qualification Verification
The proposed amendments would allow those seeking compensation to use affidavits to substantiate employment and residence histories. This will make the verification process significantly easier for qualifying workers and residents. Employers may have kept poor or incomplete employment records and cities may not have recorded residence, birth and marriage information regularly. The use of affidavits will ease the burden on those seeking to prove presence in an affected area.
Increase in Compensation Levels and Benefits
The proposed amendments raise the compensation levels for some affected persons; across the board, claimants would be eligible for $150,000 compensation, regardless of whether they worked in a mill, mine, as a transporter or facility, or suffered downwind exposure. Also, all claimants would be eligible for medical benefits.
Facilitation of Research
In addition to expanding coverage for those who have suffered harm, the amendment would offer funding for further research on the effects of uranium development on communities and families of uranium workers. The bill provides the National Institute of Environmental Health Scientists with funding for five years of research, to be allocated to universities and non-profit organizations.
In its original form, RECA provided compensation for many affected by uranium exposure. The people who would be protected under the proposed expansion of RECA have also suffered as a result of the Cold War and post-Cold War uranium mining.
Former mine workers or anyone with questions regarding the proposed RECA amendments should contact an attorney from Killian & Davis, P.C. The firm works extensively with those affected by uranium exposure and can provide knowledgeable counsel whether members of a community have a claim under RECA or the proposed amendments to it.
