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Do EEOICPA Benefits Cover Home Health Care?
October 27, 2021
Are EEOICPA Awards Taxable?

EEOICPA is a program that offers compensation to workers and employees who suffered an illness due to radioactive or chemical exposure. The program began under the Energy Employees Occupational Illness Compensation Program Act in 2000.

If you have suffered an injury or illness due to a toxic or chemical substance, or radioactive exposure, you may be eligible for an EEOICPA award. A wide range of benefits is available to you as an EEOICPA beneficiary. Read on to learn more about these programs, benefits, and what a reputable EEOICPA lawyer can do to help.

What Are EEOICPA Awards?

EEOICPA awards cover the medical costs of your related illnesses. It also offers you additional compensation for other types of losses. Medical benefits available under EEOICPA include coverage for inpatient and home health medical treatment, specialized home or vehicle modifications, medical equipment, ongoing therapy, and many other related costs.

In addition, you can also recoup any wages you have lost due to your EEOICPA-related illness. For instance, if radioactive exposure caused cancer that prevented you from resuming work, you can seek compensation to cover this financial loss as well.

Tax Deductions on EEOICPA Awards

EEOICPA awards are a form of compensation for human suffering. Under 42 U.S.C. § 7385e, such income is exempt from taxes. It means you can receive your EEOICPA amount as a single lump-sum payment.

The actual amount of the payout, under Part E of the Act, is up to a maximum of $250,000. The expenses you receive for your medical condition will be in addition to this award. So you can expect to get up to $250,000 as a non-taxed, lump-sum payment as an EEOICPA beneficiary.

EEOICPA Awards and Bankruptcy

It is important to note whether your EEOICPA compensation can be used as an asset if you have filed for bankruptcy. If declared as an asset, a court can order the compensation to be seized and used towards paying the parties you owe.

Fortunately, EEOICPA awards are not subject to bankruptcy proceedings under federal laws. In most cases, state laws also uphold this exemption.

Workers Compensation and EEOICPA

Workers compensation benefits serve a similar purpose as EEOICPA awards. They are meant to compensate you for work-related injuries or illnesses. However, EEOICPA benefits have a narrower scope in that they apply only to a toxic chemical or radioactive-related illness. Workers compensation benefits are available across all occupations.

However, if you are already receiving workers compensation, it will affect the amount of your EEOICPA award. The authorities will typically deduct a portion of your EEOICPA compensation for the fact that you are already getting benefits for your illness. 

If you are getting workers compensation for one illness but seeking EEOICPA compensation for another illness, such a deduction may not occur.

How Can an EEOICPA Lawyer Help You?

EEOICPA awards can be complicated, especially when factors like workers compensation, personal loans, bankruptcy, and taxation have to be considered. In general, EEOICPA claims can be legally complex. Having a qualified EEOICPA lawyer from Stephens & Stephens can make a difference in your pursuit of the benefits you and your family need. 

Your lawyer can help you file the claim and help ensure you get the compensation you’re entitled to. When you’re ready to take back control of your life, schedule your free consultation by calling 716-852-7590 or by filling out the contact form online.

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