42 USC 7385c - Exclusivity of remedy against the United States and against contractors and subcontractors

U.S Code last checked for updates: Nov 22, 2024

§ 7385c.

Exclusivity of remedy against the United States and against contractors and subcontractors

(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

(c)

Workers’ compensation

(d)

Applicability to part E

(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3644], Oct. 30, 2000, 114 Stat. 1654, 1654A–509; Pub. L. 108–375, div. C, title XXXI, § 3162(d), Oct. 28, 2004, 118 Stat. 2186.)

cite as: 42 USC 7385c