With the signing of H.R. 5408 into law this past October‚ the question that anyone who has worked with or around beryllium should ask is whether the payment of $150,000 is adequate compensation for beryllium related injuries.

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	Former Beryllium Workers Discover Problems with Government Compensation Program   Adult Children of Deceased Beryllium Workers Eligible for Government Compensation

The Energy Employees Occupational Illness Compensation Program Act of 2000 (H.R. 5408) establishes a program to compensate covered employees who suffer from beryllium disease‚ chronic silicosis‚ or cancer caused by radiation with a lump sum payment of $150,000 for disability and future associated medical expenses. Covered employees are those individuals who were employed by the Department of Energy (DOE)‚ its contractors and subcontractors‚ companies that provided beryllium to DOE‚ and atomic weapons employers. If the worker is deceased‚ the lump sum will be provided to survivors. This compensation program will become effective unless alternative legislation is enacted prior to July 31‚ 2001. The Act also provides that the DOE must assist workers with state workers’ compensation claims.

The statute calls for the President to submit to Congress a proposal for legislation to implement the compensation program by March 15‚ 2001. He must make specific recommendations that include the types of compensation and benefits to be provided‚ and any adjustment or modifications necessary to administer the compensation program. He also must decide whether to expand the compensation program to include other illnesses associated with toxic exposure and whether to expand the class of individuals who are considered special members of the group exposed to beryllium‚ which presently includes workers at Paducah‚ Kentucky‚ Portsmouth‚ Ohio or Oak Ridge‚ Tennessee facilities.

Although no claims for benefits are being accepted at this time‚ pending the administration’s finalizing of the plan‚ the Act calls for payments from the $250,000,000 Occupational Illness Compensation Fund to begin not later than fiscal year 2002.

Once the compensation program is operating‚ covered workers will have the option to accept the lump sum payment of $150,000 if they meet the injury criteria‚ or to proceed with litigation directly against beryllium vendors and other culpable parties‚ excluding government contractors and sub—contractors and the government itself‚ for which the statue establishes an exclusive remedy. A covered worker can not elect to collect the government payment and also proceed with litigation.

The compensation program was established by Congress in an attempt to provide uniform compensation to injuries claimed by covered workers employed at nuclear weapons sites of the DOE. The prior policy of the DOE was to litigate such claims. Congress was prompted into action because it found that “...a large number of nuclear weapons workers at sites of the Department of Energy and at sites of [beryllium] vendors...were put at risk without their knowledge and consent...” and “many previously secret records have documented unmonitored exposures to radiation and beryllium and continuing problems at these sites across the Nation.”

Brayton Purcell has successfully obtained a multimillion dollar jury verdict in a chronic beryllium disease case as well as negotiated settlements of over one million dollars each for other clients who suffer from chronic beryllium disease. Individuals who suffer from chronic beryllium disease should consider their long term future and the quality of life they can expect‚ before electing to accept the lump sum payment being offered by the Department of Energy. Though we can not guarantee the outcome of any case‚ at Brayton Purcell‚ we make every effort to obtain a fair resolution for our clients.

For the full text of The Energy Employees Occupational Illness Compensation Program Act of 2000‚ click here. (If you do not already have Adobe Acrobat Reader‚ you must download it from the Adobe web site to view these pages.)