Stephens and Stephens RECA lawyers help uranium workers affected by employment-related illnesses and their survivors obtain the compensation they deserve. Uranium workers RECA claimants include individuals who worked in uranium mines, uranium mills, or as ore transporters or ore drillers. These workers were exposed to uranium, which is linked to adverse health conditions, including certain cancers, chronic respiratory illnesses, and kidney problems.
Radiation released in underground uranium mines that were providing uranium for the nuclear weapons program of the US Government exposed miners to large doses of radiation and other airborne hazards that are presumed to have produced an increased incidence of certain illnesses. The government provides compensation to affected uranium workers and their survivors through the Radiation Exposure Compensation Act (RECA).
Eligible uranium workers receive a lump sum payment, as well as medical and impairment benefits under the RECA and EEOICPA. Eligible survivors, on the other hand, receive a one-off payment. However, to receive these benefits, you must prove eligibility regarding employment and the covered illnesses. A qualified RECA lawyer can help you obtain the required evidence to get your claim quickly accepted and compensated. Contact RECA attorney Hugh Stephens for help filing your RECA claim.
Eligibility requirements for uranium miners under RECA
Section 5 of the RECA outlines guidelines for administering claims related to uranium mining. Affected uranium miners and their survivors, or their attorneys, file RECA claims with the Attorney General, who determines whether they meet the requirements below. Miners found eligible are awarded a lump sum of $100,000. Eligibility requirements are as follows:
Employment evidence
A uranium miner who files a claim for compensation under RECA must prove that he or she was employed in a uranium mine or uranium mill. These also include individuals who worked as core drillers or in the transport of uranium ore or vanadium-uranium ore from a mine or mill. Remediation workers at uranium mines and mills are also eligible for compensation.
Those eligible must have worked as uranium miners from January 1, 1942, to December 31, 1990, in mines located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, or Texas.
Evidence must also show that the miner “was exposed to 40 or more working level months of radiation or worked for at least 1 year during this period”. RECA allows for the combination of work histories for individuals who have worked in one or more of the mining positions, as a miller, core driller, or ore transporter, for at least one year or 40 months between January 1, 1942, and December 31, 1990. The Attorney General consults with the Director of the NIOSH to determine if a uranium worker claiming compensation was exposed to the required 40 working-level months of radiation.
Medical evidence
A RECA claimant must prove through written medical documentation that he or she suffered from a specified illness after radiation exposure. Specified illnesses include lung cancer, a nonmalignant respiratory disease, renal cancer, and any other chronic renal disease, including nephritis and kidney tubal tissue injury. The Attorney General consults with the Surgeon General to determine if the written medical documentation a claimant submits shows that the uranium worker contracted a covered illness.
Written medical documentation to prove a nonmalignant respiratory disease for living uranium workers can be in the form of:
- An arterial blood gas study or a written diagnosis by a qualified physician. The written diagnosis and the accompanying interpretive reports should be conclusive. A written diagnosis made by a physician of a claimant’s nonmalignant pulmonary disease should be accompanied by written documentation to be considered conclusive evidence of that disease. The physician writing the diagnosis must be employed by the Indian Health Service or the Department of Veterans Affairs, or be board-certified with a documented ongoing physician-patient relationship with the claimant.
- A chest x-ray, high-resolution computed tomography scans, pathology reports of tissue biopsies, or pulmonary function tests indicating restrictive lung function. The administration and interpretation of these medical procedures and reports must follow the standard techniques.
The Attorney General determines whether claims filed under the RECA meet the requirements of the Act. For claims filed by Indian tribes, the attorney general makes allowances for the law, tradition, and customs of Indian tribes to the maximum extent practicable. According to the Act, “All reasonable doubt with regard to whether a claim meets the requirements shall be resolved in favor of the claimant.”
RECA Survivor Claims
If a uranium worker eligible for RECA compensation is deceased at the time of payment, a survivor may file a claim for compensation. Eligible survivors are compensated in the following order:
(i) If the surviving spouse is living at the time of payment, such payment shall be made to such surviving spouse. The ‘spouse’ refers to a wife or husband who was married to that individual for at least one year immediately before his or her death.
(ii) If there is no surviving spouse, payment is made in equal shares to all the uranium worker’s children who are living at the time of payment. These include recognized natural children, stepchildren who lived with an individual in a regular parent-child relationship, and adopted children.
(iii) If there is no surviving spouse and if there are no living children, such payment is made in equal shares to the uranium worker’s parents who are living at the time of payment. Parents include adoptive fathers and mothers.
(iv) If there is no surviving spouse and if there are no children or parents, such payment is made in equal shares to all grandchildren of the uranium worker who are living at the time of payment.
(v) If there is no surviving spouse and if there are no children, parents, or grandchildren, then such payment is made in equal shares to the living grandparents of the individual.
When determining a survivor’s eligibility related to marriage, relationship, or survivorship, such determination takes into consideration and applies the established Native American law, tradition, and custom of the particular affected Indian tribe.
RECA claims are determined within twelve months of filing. If a determination is not rendered within this period, the claim is considered awarded as a matter of law and paid. The Attorney General may request additional evidence from the claimant or the relevant entity on behalf of the claimant if the information available is not sufficient to make a determination regarding a claim. If a claim is denied, the claimant can request an administrative review of the claim. The decision is issued within 90 days. Approved RECA claims are paid within 6weeks of approval.
Offset for payments related to radiation exposure
Payments made under RECA are offset by or deducted any amount of payment made following a final award or settlement on a claim (other than a claim for worker’s compensation), against any person, that is based on injuries incurred by that claimant/uranium worker on account of exposure to radiation in a uranium mine at any time during the period starting from January 1, 1942, to December 31, 1990. The amount of the offset is based on the actuarial present value of the payments. If you received any compensation for radiation exposures, it is best that you notify your RECA attorney to advise you accordingly.
Contact us for assistance with filing a RECA claim
Do you think you or a loved one qualifies for RECA compensation? Contact our RECA lawyer, R. Hugh Stephens, on his cell phone (716) 208- 3525 for eligibility assessment and assistance with filing a RECA claim. We will help you gather the evidence you need to prove eligibility and get the compensation you deserve. We can also help you appeal if you feel that your claim was wrongfully denied.