Title 42 › CHAPTER 84 — DEPARTMENT OF ENERGY › SUBCHAPTER XVI — ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM › Part E — Contractor Employee Compensation › § 7385s–3
Pays a fixed lump sum to the survivor of a covered DOE contractor worker when the Secretary finds the worker would have qualified for benefits under section 7385s‑4 for a covered illness and exposure at a DOE site was at least as likely as not a significant factor in the worker’s death. The payment is $125,000 normally; $150,000 if, before normal Social Security retirement age, the worker had at least 10 years when their yearly pay was 50% or less of their average wage because of a covered illness (as figured under section 7385s‑2(a)(2)(A)(ii)); and $175,000 if that period was at least 20 years. If more than one amount applies, the survivor gets only the largest amount. If a covered spouse is alive, the payment goes to that spouse. If no covered spouse, it is split equally among covered children. If a covered spouse and at least one child who is not the spouse’s natural or adopted child are alive, half goes to the spouse and half is split among the children. Definitions: covered spouse = married to the worker at least one year before death; covered child = under 18, or under 23 and a full‑time student continuously since 18, or unable to support themselves; child = recognized natural child, stepchild in a parent‑child relationship, or adopted child.
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The Public Health and Welfare, Source: USLM XML via OLRC
Legislative History
Reference
Citation
42 U.S.C. § 7385s–3
Title 42, The Public Health and Welfare
Last Updated
Sep 22, 2026
Release point: 119-110