The firm has represented claimants under the Radiation Exposure Compensation Act since 1993. The firm's success rate on filed claims is over 97 percent for uranium miners, mill workers and ore haulers.
Frequently Asked Questions about the Radiation Exposure
Compensation Act
- I filed a claim under the Radiation Exposure Compensation Act (RECA) and was denied. I heard the law has changed. Should I re-file?
- I was a uranium worker and have received my Radiation Exposure Compensation Act (RECA) award and my Energy Employees Occupational Illness Compensation Program Act (EEOICPA) award. I understand that that I may be eligible for additional workers' benefits from the Department of Labor (DOL). How do I apply for these benefits?
- I believe I may be eligible for a claim under the Radiation Exposure Compensation Act (RECA) but, I am unsure about the claim process. I am considering seeking professional assistance. Are there any limitations on what can be charged for these services?
- How do I obtain benefits under the new Part E EEOICPA?
Q: I filed a claim under the Radiation Exposure Compensation Act (RECA) and was denied. I heard the law has changed. Should I re-file?
A: In November 2002, new technical amendments were proposed under which many uranium miners whose claims were previously denied may now qualify for RECA benefits.
The new technical amendments change the employment and radiation exposure requirements for uranium miners. Miners, like millers and ore transporters, may now qualify based upon the length of time they were employed. If a miner with a compensable radiation exposure disease was previously denied benefits due to insufficient documented radiation exposure, we may be able to assist with documenting your claim.
If the claim was previously denied, the attorney fees for a successful re-file is limited to 10% of the $100,000 RECA benefit. No attorney fees are charged for unsuccessful claims. Our firm arranges for attorney fees to be paid from the proceeds of the claim.
If you were a uranium miner, miller or ore hauler between 1942 and 1971, or if you are the surviving spouse or child of such an individual, you may qualify for the RECA benefit.
Q: I was a uranium worker and have received my Radiation Exposure Compensation Act (RECA) award and my Energy Employees Occupational Illness Compensation Program Act (EEOICPA) award. I understand that that I may be eligible for additional workers’ benefits from the Department of Labor (DOL). How do I apply for these benefits?
A: On October 28, 2004, President Bush signed into law new legislation the replaces Part D of the EEOICPA program with a new program called Part E. The new Part E is a type of workers’ compensation claim that will be calculated on the worker’s amount of disability and loss of income. Part E compensates living workers or their surviving spouses and/or their surviving children who were under the age of 18 or a full time student under the age of 23 or of any age and incapable of self support, at the time of the worker’s death.
If you have not previously filed for benefits under Part D, you will need to apply for benefits under the new Part E. If you have questions regarding the new Part E, please call for a free consultation.
Q: I believe I may be eligible for a claim under the Radiation Exposure Compensation Act (RECA) but, I am unsure about the claim process. I am considering seeking professional assistance. Are there any limitations on what can be charged for these services?
A: The new regulations for the RECA Act that were published on March 23, 2004, are very specific about attorney’s fees, as well as who may represent a claimant.
First, only qualified attorneys who are in good standing with the bar of the highest court of the state in which they are licensed to practice law are allowed to represent claimants before the Department of Justice. Non-attorneys are not permitted to represent claimants or beneficiaries before the Department of Justice, except for representatives of an Indian Tribe or tribal organization.
All attorney’s fees for a RECA claim filed with the Department of Justice are contingent upon the claim being successful. A contingent fee agreement allows an attorney to collect attorney’s fees only if your claim is successful. If your claim is denied, then you will owe no attorney’s fees. If you have never filed a RECA claim, an attorney is limited to 2% of the total award for attorney’s fees. If your claim was previously filed and denied by the Department of Justice, an attorney is entitled to 10% in attorney’s fees. An attorney may also charge 10% in attorney’s fees if a contract for services was made prior to July 10, 2000.
If you believe that you or a deceased relative of yours may be eligible for a RECA claim as a result of a disease caused by exposure to radiation while employed in the uranium industry between the years of 1942 through 1971, please call for a free consultation.
Q: How do I obtain benefits under the new Part E EEOICPA?
A: First, even if you have obtained RECA and part B benefits, you can still apply for benefits under Part E with the Department of Labor.
The second step in the process is to prove that you have sustained physical impairment from a compensable radiation exposure disease. Once your impairment has been rated by a certified physician, the Department of Labor will pay you $2,500 for each percentage point of impairment. (For example: If you are 10% disabled because of your compensable disease, you would receive $25,000).
A third potential award is for wage loss. Wage loss is calculated as the percentage of income you have lost because of your impairment prior to your normal Social Security retirement age. You can receive $15,000 for any year in which you made less than 50% of your calculated average wage and $10,000 for any year in which you made more than 50% but less than 75%. If you suffered a 75% wage loss due to your compensable disease for 3 years prior to your normal retirement age, you would be entitled to an additional $45,000.
Survivors who have received RECA Section 5 benefits may also be eligible for Part E benefits. If you or a deceased relative of yours are eligible for benefits under RECA, call for a free consultation. Attorney fees are not charged until you are successful and on initial claims, are limited to 2%.
