1. U.S. Code
  2. title 42
  3. chapter 84
  4. subchapter XVI
  5. part C
  6. § 7385

Collapse to view only § 7385. Offset for certain payments

§ 7385. Offset for certain payments

A payment of compensation to an individual, or to a survivor of that individual, under this subchapter shall be offset by the amount of any payment made pursuant to 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 individual on account of the exposure for which compensation is payable under this subchapter.

(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3641], Oct. 30, 2000, 114 Stat. 1654, 1654A–509; Pub. L. 108–375, div. C, title XXXI, § 3162(a), Oct. 28, 2004, 118 Stat. 2186.)

CITE AS: 42 USC 7385

§ 7385a. Subrogation of the United States

Upon payment of compensation under this subchapter, the United States is subrogated for the amount of the payment to a right or claim that the individual to whom the payment was made may have against any person on account of injuries referred to in section 7385 of this title.

(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3642], Oct. 30, 2000, 114 Stat. 1654, 1654A–509; Pub. L. 108–375, div. C, title XXXI, § 3162(b), Oct. 28, 2004, 118 Stat. 2186.)

CITE AS: 42 USC 7385a

§ 7385b. Payment in full settlement of claims

Except as provided in part E, the acceptance by an individual of payment of compensation under part B with respect to a covered employee shall be in full satisfaction of all claims of or on behalf of that individual against the United States, against a Department of Energy contractor or subcontractor, beryllium vendor, or atomic weapons employer, or against any person with respect to that person’s performance of a contract with the United States, that arise out of an exposure referred to in section 7385 of this title.

(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3643], Oct. 30, 2000, 114 Stat. 1654, 1654A–509; Pub. L. 108–375, div. C, title XXXI, § 3162(c), Oct. 28, 2004, 118 Stat. 2186.)

CITE AS: 42 USC 7385b

§ 7385c. Exclusivity of remedy against the United States and against contractors and subcontractors
(a) In generalThe liability of the United States or an instrumentality of the United States under this subchapter with respect to a cancer (including a specified cancer), chronic silicosis, covered beryllium illness, or death related thereto of a covered employee is exclusive and instead of all other liability—
(1) of—
(A) the United States;
(B) any instrumentality of the United States;
(C) a contractor that contracted with the Department of Energy to provide management and operation, management and integration, or environmental remediation of a Department of Energy facility (in its capacity as a contractor);
(D) a subcontractor that provided services, including construction, at a Department of Energy facility (in its capacity as a subcontractor); and
(E) an employee, agent, or assign of an entity specified in subparagraphs (A) through (D);
(2) to—
(A) the covered employee;
(B) the covered employee’s legal representative, spouse, dependents, survivors, and next of kin; and
(C) any other person, including any third party as to whom the covered employee, or the covered employee’s legal representative, spouse, dependents, survivors, or next of kin, has a cause of action relating to the cancer (including a specified cancer), chronic silicosis, covered beryllium illness, or death, otherwise entitled to recover damages from the United States, the instrumentality, the contractor, the subcontractor, or the employee, agent, or assign of one of them,
because of the cancer (including a specified cancer), chronic silicosis, covered beryllium illness, or death in any proceeding or action including a direct judicial proceeding, a civil action, a proceeding in admiralty, or a proceeding under a tort liability statute or the common law.
(b) Applicability
(c) Workers’ compensation
(d) Applicability to part E
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3644], Oct. 30, 2000, 114 Stat. 1654, 1654A–509; Pub. L. 108–375, div. C, title XXXI, § 3162(d), Oct. 28, 2004, 118 Stat. 2186.)

CITE AS: 42 USC 7385c

§ 7385d. Election of remedy for beryllium employees and atomic weapons employees
(a) Effect of tort cases filed before enactment of original law
(1) Except as provided in paragraph (2), if an otherwise eligible individual filed a tort case specified in subsection (d) before October 30, 2000, such individual shall be eligible for compensation and benefits under part B.
(2) If such tort case remained pending as of December 28, 2001, and such individual does not dismiss such tort case before December 31, 2003, such individual shall not be eligible for such compensation or benefits.
(b) Effect of tort cases filed between enactment of original law and enactment of 2001 amendments
(1) Except as provided in paragraph (2), if an otherwise eligible individual filed a tort case specified in subsection (d) during the period beginning on October 30, 2000, and ending on December 28, 2001, such individual shall not be eligible for such compensation or benefits.
(2) If such individual dismisses such tort case on or before the last permissible date specified in paragraph (3), such individual shall be eligible for such compensation or benefits.
(3) The last permissible date referred to in paragraph (2) is the later of the following dates:
(A)April 30, 2003.
(B) The date that is 30 months after the date the individual first becomes aware that an illness covered by part B of a covered employee may be connected to the exposure of the covered employee in the performance of duty under section 7384n of this title.
(c) Effect of tort cases filed after enactment of 2001 amendments
(1) If an otherwise eligible individual files a tort case specified in subsection (d) after December 28, 2001, such individual shall not be eligible for such compensation or benefits if a final court decision is entered against such individual in such tort case.
(2) If such a final court decision is not entered, such individual shall nonetheless not be eligible for such compensation or benefits, except as follows: If such individual dismisses such tort case on or before the last permissible date specified in paragraph (3), such individual shall be eligible for such compensation and benefits.
(3) The last permissible date referred to in paragraph (2) is the later of the following dates:
(A)April 30, 2003.
(B) The date that is 30 months after the date the individual first becomes aware that an illness covered by part B of a covered employee may be connected to the exposure of the covered employee in the performance of duty under section 7384n of this title.
(d) Covered tort cases
(e) Workers’ compensation
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3645], Oct. 30, 2000, 114 Stat. 1654, 1654A–510; Pub. L. 107–107, div. C, title XXXI, § 3151(a)(5), Dec. 28, 2001, 115 Stat. 1374.)

CITE AS: 42 USC 7385d

§ 7385e. Certification of treatment of payments under other laws
Compensation or benefits provided to an individual under this subchapter—
(1) shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering; and
(2) shall not be included as income or resources for purposes of determining eligibility to receive benefits described in section 3803(c)(2)(C) of title 31 or the amount of such benefits.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3646], Oct. 30, 2000, 114 Stat. 1654, 1654A–510; Pub. L. 108–375, div. C, title XXXI, § 3162(e), Oct. 28, 2004, 118 Stat. 2186.)

CITE AS: 42 USC 7385e

§ 7385f. Claims not assignable or transferable; choice of remedies
(a) Claims not assignable or transferable
(b) Choice of remedies
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3647], Oct. 30, 2000, 114 Stat. 1654, 1654A–511; Pub. L. 108–375, div. C, title XXXI, § 3162(f), Oct. 28, 2004, 118 Stat. 2186.)

CITE AS: 42 USC 7385f

§ 7385g. Attorney fees
(a) General rule
(b) Applicable percentage limitations
The percentage referred to in subsection (a) is—
(1) 2 percent for the filing of an initial claim for payment of lump-sum compensation; and
(2) 10 percent with respect to objections to a recommended decision denying payment of lump-sum compensation.
(c) Inapplicability to other services
(d) Penalty
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3648], Oct. 30, 2000, 114 Stat. 1654, 1654A–511; Pub. L. 107–107, div. C, title XXXI, § 3151(a)(6), Dec. 28, 2001, 115 Stat. 1375.)

CITE AS: 42 USC 7385g

§ 7385h. Certain claims not affected by awards of damages

A payment under this subchapter shall not be considered as any form of compensation or reimbursement for a loss for purposes of imposing liability on any individual receiving such payment, on the basis of such receipt, to repay any insurance carrier for insurance payments, or to repay any person on account of worker’s compensation payments; and a payment under this subchapter shall not affect any claim against an insurance carrier with respect to insurance or against any person with respect to worker’s compensation.

(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3649], Oct. 30, 2000, 114 Stat. 1654, 1654A–511; Pub. L. 108–375, div. C, title XXXI, § 3162(g), Oct. 28, 2004, 118 Stat. 2186.)

CITE AS: 42 USC 7385h

§ 7385i. Forfeiture of benefits by convicted felons
(a) Forfeiture of compensation
(b) Information
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3650], Oct. 30, 2000, 114 Stat. 1654, 1654A–511; Pub. L. 108–375, div. C, title XXXI, § 3162(h), Oct. 28, 2004, 118 Stat. 2186.)

CITE AS: 42 USC 7385i

§ 7385j. Coordination with other Federal radiation compensation laws

Except in accordance with section 7384u of this title, an individual may not receive compensation or benefits under the compensation program for cancer and also receive compensation under the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) or section 1112(c) of title 38.

(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3651], Oct. 30, 2000, 114 Stat. 1654, 1654A–512.)

CITE AS: 42 USC 7385j

§ 7385j–1. Social Security earnings information

Notwithstanding the provision of section 552a of title 5 or any other provision of Federal or State law, the Social Security Administration shall make available to the Secretary of Labor, upon written request, the Social Security earnings information of living or deceased employees who may have sustained an illness that is the subject of a claim under this subchapter, which the Secretary of Labor may require to carry out the provisions of this subchapter.

(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3652], as added Pub. L. 108–375, div. C, title XXXI, § 3163(b), Oct. 28, 2004, 118 Stat. 2187.)

CITE AS: 42 USC 7385j-1

§ 7385j–2. Recovery and waiver of overpayments
(a) In general
(b) Waiver
(c) Liability
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3653], as added Pub. L. 108–375, div. C, title XXXI, § 3163(c), Oct. 28, 2004, 118 Stat. 2187.)

CITE AS: 42 USC 7385j-2