42 USC 7384s - Compensation and benefits to be provided

U.S Code last checked for updates: Nov 26, 2024

§ 7384s.

Compensation and benefits to be provided

(a)

Compensation provided

(1)

Except as provided in paragraph (2), a covered employee, or the survivor of that covered employee if the employee is deceased, shall receive compensation for the disability or death of that employee from that employee’s occupational illness in the amount of $150,000.

(2)

A covered employee shall, to the extent that employee’s occupational illness is established beryllium sensitivity, receive beryllium sensitivity monitoring under subsection (c) in lieu of compensation under paragraph (1).

(b)

Medical benefits

(c)

Beryllium sensitivity monitoring

An individual receiving beryllium sensitivity monitoring under this subsection shall receive the following:

(1)

A thorough medical examination to confirm the nature and extent of the individual’s established beryllium sensitivity.

(2)

Regular medical examinations thereafter to determine whether that individual has developed established chronic beryllium disease.

(d)

Payment from compensation fund

(e)

Payments in the case of deceased persons

(1)

In the case of a covered employee who is deceased at the time of payment of compensation under this section, whether or not the death is the result of the covered employee’s occupational illness, such payment may be made only as follows:

(A)

If the covered employee is survived by a spouse who is living at the time of payment, such payment shall be made to such surviving spouse.

(B)

If there is no surviving spouse described in subparagraph (A), such payment shall be made in equal shares to all children of the covered employee who are living at the time of payment.

(C)

If there is no surviving spouse described in subparagraph (A) and if there are no children described in subparagraph (B), such payment shall be made in equal shares to the parents of the covered employee who are living at the time of payment.

(D)

If there is no surviving spouse described in subparagraph (A), and if there are no children described in subparagraph (B) or parents described in subparagraph (C), such payment shall be made in equal shares to all grandchildren of the covered employee who are living at the time of payment.

(E)

If there is no surviving spouse described in subparagraph (A), and if there are no children described in subparagraph (B), parents described in subparagraph (C), or grandchildren described in subparagraph (D), then such payment shall be made in equal shares to the grandparents of the covered employee who are living at the time of payment.

(F)

Notwithstanding the other provisions of this paragraph, if there is—

(i)

a surviving spouse described in subparagraph (A); and

(ii)

at least one child of the covered employee who is living and a minor at the time of payment and who is not a recognized natural child or adopted child of such surviving spouse,

then half of such payment shall be made to such surviving spouse, and the other half of such payment shall be made in equal shares to each child of the covered employee who is living and a minor at the time of payment.

(2)

If a covered employee eligible for payment dies before filing a claim under this subchapter, a survivor of that employee who may receive payment under paragraph (1) may file a claim for such payment.

(3)

For purposes of this subsection—

(A)

the “spouse” of an individual is a wife or husband of that individual who was married to that individual for at least one year immediately before the death of that individual;

(B)

a “child” includes a recognized natural child, a stepchild who lived with an individual in a regular parent-child relationship, and an adopted child;

(C)

a “parent” includes fathers and mothers through adoption;

(D)

a “grandchild” of an individual is a child of a child of that individual; and

(E)

a “grandparent” of an individual is a parent of a parent of that individual.

(f)

Effective date

(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3628], Oct. 30, 2000, 114 Stat. 1654, 1654A–506; Pub. L. 107–107, div. C, title XXXI, § 3151(a)(4)(A), Dec. 28, 2001, 115 Stat. 1372.)

cite as: 42 USC 7384s