2016 US Code
Title 42 - The Public Health and Welfare
Chapter 84 - Department of Energy
Subchapter XVI - Energy Employees Occupational Illness Compensation Program
Part C - Treatment, Coordination, and Forfeiture of Compensation and Benefits
Sec. 7385c - Exclusivity of remedy against the United States and against contractors and subcontractors
| 42 U.S.C. § 7385c (2016) |
| §7385c. Exclusivity of remedy against the United States and against contractors and subcontractors |
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(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) ApplicabilityThis section applies to all cases filed on or after October 30, 2000. (c) Workers' compensationThis section does not apply to an administrative or judicial proceeding under a Federal or State workers' compensation law. (d) Applicability to part EThis section applies with respect to part E to the covered medical condition or covered illness or death of a covered DOE contractor employee on the same basis as it applies with respect to part B to the cancer (including a specified cancer), chronic silicosis, covered beryllium illness, or death of a covered employee. |
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(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.) |
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AMENDMENTS
2004—Subsec. (d). Pub. L. 108–375 added subsec. (d). |
| United States Code, 2012 Edition, Supplement 4, Title 42 - THE PUBLIC HEALTH AND WELFARE |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 84 - DEPARTMENT OF ENERGY SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM Part C - Treatment, Coordination, and Forfeiture of Compensation and Benefits Sec. 7385c - Exclusivity of remedy against the United States and against contractors and subcontractors |
| section 7385c |
| 2016 |
| January 6, 2017 |
| No |
| standard |
| 114 Stat. 1654 118 Stat. 2186 |
| Public Law 106-398, Public Law 108-375 |
