BP Oil Spill, BP Oil Spill Cleanup Workers BLOG POST

Categories of Medical Benefits & Compensation

In January of 2013, a federal judge approved a settlement designed to benefit an estimated 255,000 individuals who were injured or became ill following the 2010 BP Oil disaster. The Medical Benefits Settlement is intended to provide compensation for those who manifest specific physical conditions, establish a program to provide periodic medical consultations to injured clean-up workers and certain residents of the Gulf Coast Region, and provide an option for back-end litigation for those who have later-manifested physical conditions. Today, we will focus on the terms of the compensation program.

The Settlement stipulates that compensation should be provided to those who have suffered chronic conditions, acute medical conditions and other illnesses caused by crude oil exposure. The specified ailments, required proof and compensation amounts are set forth in Exhibit 8 of the Medical Settlement Agreement, entitled the Specified Medical Conditions Matrix.

Acute conditions

These conditions must have occurred in a certain time frame (up to 24 or 72 hours after exposure) and include:

• Eye conditions — corneal ulcer, conjunctivitis or keratitis
• Upper airway and respiratory ailments — acute rhinosinusitis, acute bronchitis, acute tracheobronchitis, acute exacerbation of pre-existing asthma, acute exacerbation of COPD, or epistaxis (nose bleed)
• Ear, nose and throat – acute pharyngitis (throat irritation)
• Skin problems – acute contact dermatitis (rash), eczematous reaction, atopic dermatitis, folliculitis, irritant contact dermatitis, uriticaria (hives), acne vulgaris or oil acne
• Neurophysiological, neurological and odor-related issues – headache, dizziness, fainting, seizure, gastrointestinal distress

The amount of compensation for these acute conditions depends on the extent of your illness and the amount of proof that you provide:

Level A1 applicants may obtain a lump sum of $1,300 (clean-up workers) or $900 (residents of Zones A and B). To obtain compensation under A1, you must submit a declaration signed under penalty of perjury that you suffer from one or more of the specified conditions and list the symptoms you are manifesting. Supporting medical records are not required for cleanup workers, but are required for everyone else.

Level A2 applicants may obtain a lump sum of $7,750 (clean-up workers) or $5,450 (residents of Zones A and B). Additional amounts may be paid in certain cases involving overnight hospitalization. To obtain compensation under A1, you must submit the declaration as noted above. All applicants must submit supporting medical records.

Level A3 applies only to clean-up workers who have suffered from one or more of the acute conditions listed above, and consists of a lump sum benefit of $12,350, with additional amounts paid in certain cases involving overnight hospitalization. The declaration must be submitted and the claimant must be a medical benefits settlement class member listed in the Medical Encounters Database for the conditions stated in the declaration (e.g., you were transported to a medical facility for this condition immediately after performing your duties). Supporting medical documentation is not required.

Level A4 applies only to clean-up workers who have suffered from sunstroke, fainting due to heat, heat exhaustion and/or heat rash during or immediately after doing cleanup work. A4 claimants should receive a lump sum benefit of $2,700, with additional amounts paid in certain cases involving overnight hospitalization. As in Level A3, Level A4 applicants must submit a declaration and be listed in the Medical Encounters Database for the condition stated in the declaration. Supporting medical documentation is not required.

Chronic conditions

Chronic specified medical conditions include the following:

• Eye damage – documented damage to eye through direct chemical splash
• Respiratory ailments – chronic rhinosinusitis or reactive airways dysfunction syndrome (irritant-induced asthma)
• Skin conditions – chronic contact dermatitis or chronic eczematous reaction at the site of direct contact with oil, other hydrocarbons and other substances released from the well , or with dispersants or decontaminants used during the cleanup

Level B1 provides a benefit of $60,700 to clean-up workers and $36,950 to residents of Zones A and B who suffer from the chronic medical conditions listed above. Additional amounts may be paid in certain cases involving overnight hospitalization. To obtain compensation under B1, you must submit a declaration and either supporting medical records or be listed in the Medical Encounters Database for the condition stated in the declaration.

The lawyers at the Downs Law Group are well aware of BP’s mistreatment of cleanup workers and that many were fired for reporting injuries or went back to work despite their symptoms. We also understand how difficult it is to obtain the supporting documentation that the Medical Claims Settlement requires. Our firm is committed to getting you the compensation you deserve and provides free consultations in person or on the phone. Contact our office today.