Title 42The Public Health and WelfareRelease 119-73

§7385s–2 Compensation schedule for contractor employees

Title 42 › Chapter CHAPTER 84— - DEPARTMENT OF ENERGY › Subchapter SUBCHAPTER XVI— - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM › Part Part E— - Contractor Employee Compensation › § 7385s–2

Last updated Apr 6, 2026|Official source

Summary

Calculates how much money a covered DOE contractor employee gets if they catch a covered illness from toxic exposure. The total payment is the sum of two parts. First, a government official must give the worker an impairment rating in percentage points and say how many of those points came from the work-related illness. The worker gets $2,500 for each percentage point caused by the illness. Second, the official must find the calendar month when the worker first lost wages because of the illness and figure the worker’s average yearly pay for the 36 months before that month (not counting months the worker was unemployed). For each calendar year from the year the wage loss began through the year the worker reaches normal Social Security retirement age, the official counts years when the worker’s pay was more than 50% but not more than 75% of that average, and years when pay was 50% or less of that average. The worker gets $10,000 for each year in the first group and $15,000 for each year in the second group. The impairment rating must follow the American Medical Association’s Guides to the Evaluation of Permanent Impairment.

Full Legal Text

Title 42, §7385s–2

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

(a)The amount of contractor employee compensation under this part for a covered DOE contractor employee shall be the sum of the amounts determined under paragraphs (1) and (2), as follows:
(1)(A)The Secretary shall determine—
(i)the minimum impairment rating of that employee, expressed as a number of percentage points; and
(ii)the number of those points that are the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility.
(B)The employee shall receive an amount under this paragraph equal to $2,500 multiplied by the number referred to in clause (ii) of subparagraph (A).
(2)(A)The Secretary shall determine—
(i)the calendar month during which the employee first experienced wage loss as the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility;
(ii)the average annual wage of the employee for the 36-month period immediately preceding the calendar month referred to in clause (i), excluding any portions of that period during which the employee was unemployed; and
(iii)beginning with the calendar year that includes the calendar month referred to in clause (i), through and including the calendar year during which the employee attained normal retirement age (for purposes of the Social Security Act [42 U.S.C. 301 et seq.])—
(I)the number of calendar years during which, as the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility, the employee’s annual wage exceeded 50 percent of the average annual wage determined under clause (ii), but did not exceed 75 percent of the average annual wage determined under clause (ii); and
(II)the number of calendar years during which, as the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility, the employee’s annual wage did not exceed 50 percent of the average annual wage determined under clause (ii).
(B)The employee shall receive an amount under this paragraph equal to the sum of—
(i)$10,000 multiplied by the number referred to in clause (iii)(I) of subparagraph (A); and
(ii)$15,000 multiplied by the number referred to in clause (iii)(II) of subparagraph (A).
(b)For purposes of subsection (a), a minimum impairment rating shall be determined in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (a)(2)(A)(iii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7385s–2

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73