Stephens and Stephens RECA lawyers assist eligible onsite participants in filing RECA claims for compensation. Onsite participants are individuals who took part in nuclear testing operations and later suffered from radiation-related illnesses. The United States government conducted many atmospheric nuclear detonations before January 1, 1963, in New Mexico, the Nevada Test Site, the South Pacific, and Alaska. Individuals who participated in these atomic tests were significantly exposed to high levels of radiation, which put them at an increased risk of developing certain health conditions, including cancer. The government provides compensation to affected onsite participants or survivors through the Radiation Exposure Compensation Act (RECA). 

Do you qualify for a RECA onsite participant claim?

If you think you are eligible for RECA compensation, we can help you file a claim with the department of justice (DOJ), who determines your eligibility for compensation. If you participated in atmospheric nuclear testing and later suffered from a specified illness, you are eligible for compensation of $100,000. Filing a successful RECA claim is not easy without the help of an experienced RECA lawyer. An attorney can help you gather the evidence you require to get compensated quickly. Claimants filing onsite participant claims must prove the following:

1. Onsite participation during a nuclear test: For a claim to be accepted for compensation, you must prove that you participated onsite in a test involving the atmospheric detonation of a nuclear device. The Attorney General consults with the Secretary of Defense and the Secretary of Energy to confirm if an individual participated onsite in a test involving the atmospheric detonation of a nuclear device.
2. Medical evidence: You must submit written medical documentation showing that you developed a specified illness after the specified latency period following such participation or exposure.

RECA Specified diseases

RECA identifies certain illnesses as linked to radiation exposure. Onsite participants affected by these illnesses can claim compensation if they have a relevant medical diagnosis and evidence of onsite participation. The RECA specified diseases include:

1. Leukemia, other than chronic lymphocytic leukemia: initial exposure must have occurred after the age of 20, and the onset of the disease occurred at least 2 years after the first exposure.
2. Other diseases, provided onset was at least 5 years after first exposure include: multiple myeloma, lymphomas (other than Hodgkin’s disease), and primary cancer of the: thyroid, male or female breast, esophagus, stomach, pharynx, small intestine, pancreas, bile ducts, gall bladder, salivary gland, urinary bladder, brain, colon, ovary, liver (except if cirrhosis or hepatitis B is indicated), or lung.

Who can file a RECA onsite participant claim?

Onsite participants and their eligible survivors can file a RECA claim. Onsite participants are individuals who were present at the test sites during the operational period, on official military duties in connection with ships, aircraft, or other equipment used in direct support of the nuclear test. They also include those who were present at the test sites or other test staging areas during the six-month period following the official operational period of an atmospheric nuclear test, performing official military duties in connection with the completion of projects related to the nuclear test, including decontamination of equipment used during the nuclear test.

Service as a member of the garrison or maintenance forces on Eniwetok during the periods June 21, 1951, through July 1, 1952, August 7, 1956, through August 7, 1957, or November 1, 1958, through April 30, 1959, is also recognized as onsite participation.

Onsite participants also include individuals assigned to official military duties at Naval Shipyards involving the decontamination of ships that participated in Operation Crossroads.

Some of the nuclear test operations conducted include:

1. Operation Trinity, the period starting July 16, 1945, through August 6, 1945.
2. Operation Crossroads, the period starting July 1, 1946, through August 31, 1946.
3. Operation Sandstone, the period starting April 15, 1948, through May 20, 1948.
4. Operation Ranger, the period starting January 27, 1951, through February 6, 1951.
5. Operation Greenhouse, the period starting April 8, 1951, through June 20, 1951.
6. Operation Buster-Jangle, the period starting October 22, 1951, through December 20, 1951.
7. Operation Tumbler-Snapper, the period starting April 1, 1952, through June 20, 1952.
8. Operation Ivy, the period starting November 1, 1952, through December 31, 1952.
9. Operation Upshot-Knothole, the period starting March 17, 1953, through June 20, 1953.
10. Operation Castle, the period starting March 1, 1954, through May 31, 1954.
11. Operation Teapot, the period starting February 18, 1955, through June 10, 1955.
12. Operation Wigwam, the period starting May 14, 1955, through May 15, 1955.
13. Operation Redwing, the period starting May 5, 1956, through August 6, 1956.
14. Operation Plumbbob, the period starting May 28, 1957, through October 22, 1957.
15. Operation Hardtack I, the period starting April 28, 1958, through October 31, 1958.
16. Operation Argus, the period starting August 27, 1958, through September 10, 1958.
17. Operation Hardtack II, the period starting September 19, 1958, through October 31, 1958.
18. Operation Dominic I, the period starting April 25, 1962, through December 31, 1962.
19. Operation Dominic II/Plowshare, the period starting July 6, 1962, through August 15, 1962.

Survivor On-site participant RECA claims

In the case the onsite participant is deceased at the time of payment, his or her survivors can claim payment in the following order:

(i) Surviving spouse: Payment is made to the husband or wife of the individual if he or she is living at the time of payment. However, they must have been married for at least one year immediately before the individual’s death.

(ii) Children: If there is no surviving spouse, payment is made in equal shares to all the individual’s children who are living at the time of payment. Eligible children include recognized natural children, adopted children, and stepchildren who lived with an individual in a regular parent-child relationship.

(iii) Parents: If there is no surviving spouse and if there are no living children, such payment is made in equal shares to the individual’s natural or adoptive parents who are living at the time of payment.

(iv) Grandchildren: If there is no surviving spouse, children, or parents, such payment is made in equal shares to all the individual’s grandchildren who are living at the time of payment.

(v) Grandparents: If there is no surviving spouse, children, parents, or grandchildren, then such payment shall be made in equal shares to the individual’s grandparents who are living at the time of payment.

For cases involving Indian tribes, Native American law, tradition, and customs are considered when determining a claimant’s eligibility for compensation based on marriage, relationship, or survivorship.

Offset of RECA onsite participant claims

For payment to be made, the DOJ must confirm if any payment was previously made to the individual, on behalf of the individual, or to a survivor of the individual. RECA payments made to an individual or to a survivor of that individual must be offset by the amount of any payment made based on injuries incurred by that individual on account of exposure to radiation as a result of onsite participation in a test involving the atmospheric detonation of a nuclear device. Payments made on workers’ compensation claims are not deducted. The amount of the offset is based on the actuarial present value of such payments.

Let us help you file a RECA claim

Contact our RECA attorney, R. Hugh Stephens, if you or a loved one suffers from a specified illness after participation in nuclear tests. We can help you claim the compensation you deserve for the harm you suffered while serving national security interests. We can also assist you with appealing if you feel that your claim was wrongfully denied.