42 U.S.C. § 7385c: Exclusivity of remedy…

Summary

Only the United States is responsible for certain illnesses and deaths of covered employees. That responsibility covers cancers (including specified cancers), chronic silicosis, covered beryllium illness, and related deaths. It also protects federal agencies, Department of Energy contractors who run or clean DOE sites, subcontractors who worked there, and their employees, agents, or assigns from other lawsuits. Covered employees, their legal representatives, spouses, dependents, survivors, next of kin, and anyone else with a related claim must seek recovery only under this federal liability in any court or proceeding. This rule applies to cases filed on or after October 30, 2000. It does not apply to Federal or State workers’ compensation cases. It applies to part E the same way it applies to part B for DOE contractor employees.

Title 42, §7385c

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

(a)In general

The 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

This section applies to all cases filed on or after October 30, 2000.

(c)Workers’ compensation

This section does not apply to an administrative or judicial proceeding under a Federal or State workers’ compensation law.

(d)Applicability to part E

This section applies with respect to part E to the covered medical condition or covered illness or death of a covered DOE contractor employee on the same basis as it applies with respect to part B to the cancer (including a specified cancer), chronic silicosis, covered beryllium illness, or death of a covered employee.

Editorial Notes

Amendments

2004—Subsec. (d). Pub. L. 108–375 added subsec. (d).

§7385c Exclusivity of Remedy Against the United States and Against Contractors and Subcontractors

Summary

Title 42, §7385c

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata