News:
Adult Children of Deceased Beryllium Workers Eligible for Government Compensation

January 11‚ 2002Adult children of beryllium workers who died from work—related illnesses while employed by the Department of Energy (DOE) are eligible for a government compensation program. The program covers DOE workers‚ atomic weapons workers‚ employees of DOE’s contractors‚ and those employed by manufacturers supplying the DOE with beryllium. Formerly‚ minor children of deceased workers were eligible for compensation‚ but adult children were not— except in the case of certain students.

Under the amended law:

  • If the deceased beryllium worker’s spouse dies‚ the worker’s adult and minor children may receive government compensation.
  • If the spouse is living and there are no minor children outside the marriage*‚ the spouse receives the entire amount.
  • If the spouse is living and there are minor children outside the marriage*‚ then the award is split between the surviving spouse and all the deceased worker’s minor children.

    * A child outside the marriage is a child of the deceased worker who is not also the surviving spouse’s adopted or natural child. (An example would be a deceased worker’s minor child from a former marriage or relationship).

The government compensation program provides a lump sum payment of only $150,000 to an eligible family. If the family pursues the government benefit‚ it loses the option of proceeding with litigation directly against beryllium vendors. Since verdicts and settlements involving chronic beryllium disease have often exceeded $150,000‚ children of deceased beryllium workers would do well to consider their alternatives.

Brayton Purcell is one of the leading firms in the West representing victims of chronic beryllium disease and other beryllium—related injuries. Please feel free to contact us if you have any questions about your own beryllium exposure or that of a family member.
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