The United States conducted nearly 200 atmospheric nuclear weapons development tests from 1945 t0 1962. Essential to the nation?s nuclear weapons development was uranium mining and processing, which was carried out by tens of thousands of workers. Following the tests? cessation in 1962 many of these workers filed class action lawsuits alleging exposure to known radiation hazards. These suits were dismissed by the appellate courts. Congress responded by devising a program allowing partial restitution to individuals who developed serious illnesses after exposure to radiation released during the atmospheric nuclear tests or after employment in the uranium industry: the Radiation Exposure Compensation Act (RECA, or the Act), 42 U.S.C. ? 2210 note (2006), was passed on October 5, 1990. The Act?s scope of coverage was broadened in 2000.
The Act presents an apology and monetary compensation to individuals who contracted certain cancers and other serious diseases:
following their exposure to radiation released during the atmospheric nuclear weapons tests, or
following their occupational exposure to radiation while employed in the uranium industry during the Cold War arsenal buildup.
This unique statute was designed to serve as an expeditious, low-cost alternative to litigation. Notably, RECA does not require claimants to establish causation. Rather, claimants qualify for compensation by establishing the diagnosis of a listed compensable disease after working or residing in a designated location for a specific period of time. The Act provides compensation to individuals who contracted one of 27 medical conditions. It covers all states where uranium was mined and processed, as well as specified counties in Nevada, Utah, and Arizona, where significant fallout from the atmospheric nuclear testing was measured...
