Title 42, The Public Health and WelfareRelease 119-110

§7385s–11 Coordination of Benefits with Respect to State Workers Compensation

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

Last updated Sep 22, 2026|Official source

Summary

If a person gets money under this law and also got state workers' compensation for the same covered illness, their federal payment must be cut by the amount of those state payments. Payments for medical care and for job training are not counted. The Secretary will first subtract any reasonable costs of getting the state benefits, as the Secretary decides. The Secretary can choose not to apply the cut in a particular case or group of cases if the paperwork and cost make it unfair. State workers' compensation offices must give the Secretary, when asked, information every three months about any covered DOE contractor employee who got state benefits, including the person's name, Social Security number, and the type and amount of benefits.

Full Legal Text

Title 42, §7385s–11

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

(a)In general

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)Waiver

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)Information

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 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110