---
kind: "section"
citation: "42 U.S.C. § 7385s–2"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7385s–2"
heading: "Compensation schedule for contractor employees"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7385s-2"
units:
  - "Chapter 84 — Department of Energy"
  - "Subchapter XVI — Energy Employees Occupational Illness Compensation Program"
  - "Part E — Contractor Employee Compensation"
---

# §7385s–2. Compensation schedule for contractor employees

- (a) **Compensation provided—** The amount of contractor employee compensation under this part for a [covered DOE contractor employee](/usc/42/7385s.md?p=1) shall be the sum of the amounts determined under paragraphs [(1)](#a-1) and [(2)](#a-2), as follows:
  - (1) **Impairment—**
    - (A) The [Secretary](/usc/42/7385s.md?p=3) shall determine—
      - (i) the minimum impairment rating of that employee, expressed as a number of percentage points; and
      - (ii) the number of those points that are the result of any [covered illness](/usc/42/7385s.md?p=2) contracted by that employee through exposure to a toxic substance at a Department of Energy facility.
    - (B) The employee shall receive an amount under this paragraph equal to $2,500 multiplied by the number referred to in [clause (ii)](#a-1-A-ii) of subparagraph (A).
  - (2) **Wage loss—**
    - (A) The [Secretary](/usc/42/7385s.md?p=3) shall determine—
      - (i) the calendar month during which the employee first experienced wage loss as the result of any [covered illness](/usc/42/7385s.md?p=2) contracted by that employee through exposure to a toxic substance at a Department of Energy facility;
      - (ii) the average annual wage of the employee for the 36-month period immediately preceding the calendar month referred to in [clause (i)](#a-2-A-i), excluding any portions of that period during which the employee was unemployed; and
      - (iii) beginning with the calendar year that includes the calendar month referred to in [clause (i)](#a-2-A-i), through and including the calendar year during which the employee attained normal retirement age (for purposes of the Social Security Act [[42 U.S.C. 301](/usc/42/301.md) et seq.])—
        - (I) the number of calendar years during which, as the result of any [covered illness](/usc/42/7385s.md?p=2) contracted by that employee through exposure to a toxic substance at a Department of Energy facility, the employee’s annual wage exceeded 50 percent of the average annual wage determined under [clause (ii)](#a-2-A-ii), but did not exceed 75 percent of the average annual wage determined under [clause (ii)](#a-2-A-ii); and
        - (II) the number of calendar years during which, as the result of any [covered illness](/usc/42/7385s.md?p=2) contracted by that employee through exposure to a toxic substance at a Department of Energy facility, the employee’s annual wage did not exceed 50 percent of the average annual wage determined under [clause (ii)](#a-2-A-ii).
    - (B) The employee shall receive an amount under this paragraph equal to the sum of—
      - (i) $10,000 multiplied by the number referred to in [clause (iii)(I)](#a-2-A-iii-I) of subparagraph (A); and
      - (ii) $15,000 multiplied by the number referred to in [clause (iii)(II)](#a-2-A-iii-II) of subparagraph (A).
- (b) **Determination of minimum impairment rating—** For purposes of [subsection (a)](#a), a minimum impairment rating shall be determined in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment.

## Source credit

(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3673], as added Pub. L. 108–375, div. C, title XXXI, § 3161, Oct. 28, 2004, 118 Stat. 2179.)

## Notes

### Editorial Notes

### References in Text

The Social Security Act, referred to in subsec. (a)(2)(A)(iii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.