Your Loved One Did the Work. You Deserve the Benefits.

If your spouse, parent, or family member worked at a nuclear weapons facility and has since passed away, their EEOICPA benefits don't necessarily die with them. As a surviving family member, you may have a right to compensation under Part B or Part E of the Energy Employees Occupational Illness Compensation Program Act — and I can help you understand exactly where you stand.

What Is an EEOICPA Survivor Claim?

When a covered energy worker dies before receiving their full compensation — or before filing a claim at all — certain surviving family members can step in and claim those benefits. The program was designed with this in mind. Congress recognized that many workers spent years or decades waiting, and that their families shouldn't be left with nothing when the worker is gone. A survivor claim allows eligible family members to receive the lump sum compensation and, in some cases, medical benefit reimbursements the worker was entitled to under the law.

Who Qualifies as a Survivor Under EEOICPA?

Eligibility follows a specific order of priority established by the program. Not every family member qualifies, and the rules differ slightly between Part B and Part E claims. Generally speaking, the following survivors may be eligible:

• Surviving spouse who was married to the worker at the time of death
• Children of the worker, including biological, adopted, and stepchildren who meet the program's age and dependency criteria
• Grandchildren, in certain circumstances where no spouse or children survive
• Parents or siblings of the worker, when no spouse, children, or grandchildren are living

If your loved one was a Nevada Test Site worker, a uranium miner, or employed at another covered Department of Energy facility, I can review the specific facts of your situation and tell you whether you fall within the eligible survivor categories.

Part B vs. Part E — What Survivors Can Receive

The EEOICPA program has two separate compensation tracks, and survivors may be eligible under one or both depending on the worker's illness and employment history.

Under Part B, eligible survivors of workers who developed a covered radiogenic cancer or chronic beryllium disease can receive a lump sum payment of $150,000, along with reimbursement for medical expenses the worker incurred before death. The survivor receives the same amount the worker would have received had they filed and been approved during their lifetime.

Under Part E, which covers Department of Energy contractor employees and uranium workers, the compensation calculation is more complex. Survivors receive a percentage of the worker's potential Part E award based on the number of years the worker was impaired by their illness before death. Additionally, survivors may receive up to $50,000 for any wage loss the worker experienced due to their covered illness.

Understanding which track applies — and how to document the claim correctly — is where having an attorney in your corner makes a real difference.

Can You File If Your Loved One Never Filed a Claim?

Yes. This is one of the most important things I want families to understand. You do not need a prior approved claim in order to file as a survivor. If your father worked at the Nevada Test Site and passed away from lung cancer without ever filing an EEOICPA claim, you may still be able to file on his behalf and receive compensation. The same is true for spouses of uranium miners, workers at other covered facilities, and many other situations.

The key is gathering the right documentation — employment records, medical records, death certificate, and proof of your relationship to the worker — and presenting the claim correctly from the start. Missing or incomplete records are the most common reason survivor claims are delayed or denied, and that's something I work to prevent before a file ever leaves my office.

The Four Survivor Categories I Help Most Often

Surviving Spouses

A surviving spouse who was legally married to the worker at the time of death is typically first in line for benefits. If you were married to a Nevada Test Site worker, a DOE contractor employee, or a uranium miner who died from a covered illness, there is a real possibility you are owed compensation. I help surviving spouses gather the documentation needed to establish both the worker's covered employment and the qualifying illness, and I guide them through the full claims process with the Department of Labor.

Adult Children Filing for a Deceased Parent

This is one of the most common calls I receive. An adult child discovers — often years after a parent's death — that their mother or father worked at a nuclear weapons site and may have died from a covered illness. If you're asking "can I file an EEOICPA claim for my deceased father," the answer may well be yes. Eligibility depends on whether a surviving spouse exists, the nature of the worker's illness, and the employment history. I can help you work through those questions and determine whether a claim is worth pursuing.

Survivors of Nevada Test Site Workers

Nevada Test Site workers occupy a unique place in this program. The site was one of the most active nuclear weapons testing locations in the United States, and many of the men and women who worked there developed serious illnesses as a result. Because the Test Site falls under the Special Exposure Cohort, workers who logged 250 or more days on-site and developed one of the covered cancers are presumed to have a compensable claim — and that presumption extends to their survivors. I am the only local Las Vegas-based attorney representative for EEOICPA claims, which means I bring in-person support and Nevada-specific knowledge that out-of-state practitioners simply cannot offer.

Survivors Whose Prior Claims Were Denied

If a claim was previously denied — either the worker's own claim or an earlier survivor claim — that is not necessarily the end of the road. Denied claims can be reconsidered, reopened, or appealed depending on the circumstances. New medical evidence, corrected employment records, or a change in the worker's diagnosis can all support a reconsideration request. I review prior denials as part of my initial consultation and give you an honest assessment of whether there is a viable path forward.

Common Questions About EEOICPA Survivor Benefits