Title 42 — The Public Health and WelfareRelease 119-73
§7385 Offset for certain payments
Title 42 › Chapter CHAPTER 84— - DEPARTMENT OF ENERGY › Subchapter SUBCHAPTER XVI— - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM › Part Part C— - Treatment, Coordination, and Forfeiture of Compensation and Benefits › § 7385
Summary
Payments to a person or their survivor must be reduced by any final lawsuit award or settlement against a person (excluding worker’s comp) for injuries from the same exposure.
Full Legal Text
Title 42, §7385
The Public Health and Welfare — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2004—Pub. L. 108–375 substituted “this subchapter” for “part B” and “on account of the exposure for which compensation is payable under this subchapter” for “on account of the exposure of a covered beryllium employee, covered employee with cancer, covered employee with chronic silicosis (as defined in section 7384r of this title), or covered uranium employee (as defined in section 7384u of this title), while so employed, to beryllium, radiation, silica, or radiation, respectively”.
Reference
Citations & Metadata
Citation
42 U.S.C. § 7385
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73