Title 42The Public Health and WelfareRelease 119-73

§7385s–11 Coordination of benefits with respect to State workers compensation

Title 42 › Chapter CHAPTER 84— - DEPARTMENT OF ENERGY › Subchapter SUBCHAPTER XVI— - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM › Part Part E— - Contractor Employee Compensation › § 7385s–11

Last updated Apr 6, 2026|Official source

Summary

If a person gets both a federal payment under this program and state workers' compensation for the same covered illness, the federal payment must be reduced by the amount of the state workers' comp they received. Medical bills and job‑training payments are not counted. The reduction is measured after subtracting the reasonable cost of getting those state benefits as set by the Secretary. The Secretary can choose not to apply the reduction in a specific case or group of cases if doing it would create too much administrative work or cost. State workers' compensation agencies must, when asked by the Secretary, send quarterly reports about any covered Department of Energy contractor employee who is eligible under this program, including the employee’s name, Social Security number, and the type and amount of workers' comp benefits.

Full Legal Text

Title 42, §7385s–11

The Public Health and Welfare — Source: USLM XML via OLRC

(a)An individual who has been awarded compensation under this part, and who has also received benefits from a State workers compensation system by reason of the same covered illness, shall receive compensation specified in this part reduced by the amount of any workers compensation benefits, other than medical benefits and benefits for vocational rehabilitation, that the individual has received under the State workers compensation system by reason of the covered illness, after deducting the reasonable costs, as determined by the Secretary, of obtaining those benefits under the State workers compensation system.
(b)The Secretary may waive the provisions of subsection (a) if the Secretary determines that the administrative costs and burdens of implementing subsection (a) with respect to a particular case or class of cases justifies such a waiver.
(c)Notwithstanding any other provision of law, each State workers compensation authority shall, upon request of the Secretary, provide to the Secretary on a quarterly basis information concerning workers compensation benefits received by any covered DOE contractor employee entitled to compensation or benefits under this part, which shall include the name, Social Security number, and nature and amount of workers compensation benefits for each such employee for which the request was made.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7385s–11

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73