Hanford reservation employees’ health has been affected by exposure to toxic and radioactive materials while working at the nuclear site. Stephens and Stephens LLP helps DOE federal and contractor employees suffering from work-related illnesses file claims for compensation under the EEOICPA and state workers’ compensation programs. Hanford employees suffering from conditions linked to toxin exposures may qualify for both EEOICPA (federal) and Labor and Industry (state) benefits.
The Washington Labor and Industry Act awards Hanford Reservation workers compensation benefits after only eight hours on the job based on a presumption of causation. People working at other radiological hazardous waste facilities throughout Washington State excluding military installations are also covered under this law. This presumption helps exposed workers claim benefits without proving causation and may only be denied by convincing evidence. Compensation may include medical and disability benefits, missed wage replacement and death benefits, and is paid by the federal government.
Can You File for Both EEOICPA and the Labor and Industry Benefits?
Hanford reserve employees can file for both benefits. However, filing these claims is not easy. You need the help of an experiences attorney to help evaluate your claim and advise accordingly. Some of the procedures might be complicated for a layman. For instance, if you receive both benefits, your EEOICPA/federal benefits are offset by the amount you received in state benefits compensation. But if there are no lump sum federal benefits to offset the state benefits, the federal program (EEOICPA) may offset the worker’s medical benefits including home health care benefits. This can lead to trouble for unsuspecting claimants. It is, therefore, important for claimants to seek the services of an experienced EEOICPA attorney to help through the claim process.
How Do You File for Labor and Industry Benefits?
The state compensation at Hanford is administered by Penser, a contractor. The Washington Department of Labor and Industries (WAL&I) determines whether to accept or deny your claim. When filing your worker’s compensation claim, you should submit your physician’s initial report to Penser and WAL&I. Once they receive your claim, they investigate its validity by verifying the claimed employment and illnesses. They may contact the claimant for a statement, and use their available resources to verify the claimed employment. If necessary, they may also request you or your representative for additional medical and employment information. Penser sends claims that don’t meet the eligibility criteria to WAL&I recommending a denial. If they agree with the denial, the claimant is issued with an order of denial. If your claim is allowed, WAL&I authorizes the necessary medical treatment and procedures and closes the claim once treatment is completed. A physician determines if you are entitled to disability benefits. Our EEOICPA Attorney Hugh Stephens can help you appeal if your claim is denied.
Hanford’s Presumed Illnesses
The WSL&I law creates a legal presumption that certain Hanford-exposed workers’ illnesses are occupational diseases. Exposed workers at the Hanford facility include all workers working at the facility for at least an eight-hour shift including those inspecting the facility. Presumed illnesses include respiratory diseases, heart problems experienced within 72 hours of exposure to toxic substances at the site, certain cancers, acute and chronic beryllium disease and neurological diseases.
The presumption established for cancer applies to current and former exposed workers who develop any of the following specified cancers:
- Leukemia
- Primary or secondary lung cancer, including bronchi and trachea, sarcoma of the lung, other than in situ lung cancer that is discovered during or after a postmortem examination, but not including mesothelioma or pleura cancer
- Primary or secondary bone cancer
- Primary or secondary renal (kidney) cancer
- Lymphomas, other than Hodgkin’s disease
- Waldenstrom’s macroglobulinemia and mycosis fungoides
- Primary cancer of the thyroid, breast, esophagus, stomach, pharynx, small intestine, pancreas, bile ducts, gall bladder, salivary gland, urinary bladder, brain malignancies, colon, ovary/fallopian tubes, liver, except if cirrhosis or hepatitis B
This presumption may be rebutted by clear and convincing evidence such as the use of tobacco products, physical fitness/weight, lifestyle, hereditary factors, and exposure from other employment or non-employment activities.
The presumption extends to an exposed worker following termination of service for the lifetime of that individual and their survivors. If your claim was denied before the implementation of this act, you can file a new claim for the same exposure and disease. When a claim for benefits is accepted the opposing party pays the worker or beneficiary all reasonable costs of the appeal, including attorneys’ fees and witness fees.
How Much is the WAL&I Settlement?
The Washington Labor and Industry settlement varies depending on the date of injury, the nature and extent injury or illness, the seriousness of the disability or impairment rating, and whether you have any liens or overpayments on your claim. They include permanent disability settlements, pension, and Claim Resolution Settlement Agreement (CRSA). Permanent partial disability settlements are lump sum payments made to someone who can return to work. Pension payments are made to employees who can never return to work, and it is equivalent to the person’s time loss.
Some claims are settled through the Claim Resolution Settlement Agreement (CRSA). In such cases, an injured worker and the Department of Labor & Industries (L&I) or a self-insured employer sign a voluntary agreement to settle a claim by exchanging all future benefits (except medical) for a lump sum payment closing the claim. Small settlements less than three times the state’s average monthly wage at the date of injury are paid through check. For larger settlements more than three times the state’s average monthly wage at the date of injury, a down payment is made and the award balance is paid in monthly installments equivalent to the worker’s monthly time-loss compensation.
Contact Us for Help Filing for Hanford Federal and State Benefits
Stephens and Stephens LLP is the leading EEOICPA law firm across the country. We help current and former DOE and contractor employees/survivors affected by illnesses arising from work exposures get state and federal compensation. Contact EEOICPA attorney Hugh Stephens if you think you have a claim or if your claim was denied. We provide free EEOICPA and Washington Labor and Industry claim evaluation services.