The Radiation Exposure Compensation Act (RECA) provides compensation to uranium workers who suffer from certain illnesses and their survivors, if they meet specified work requirements. The term “Uranium workers” under the RECA refers to miners, millers, ore transporters, core drillers, and remediation workers of mills and mines. Those eligible must have worked in uranium mills and mines in North Dakota and other uranium mining states between January 1, 1942, and December 31, 1990. To be considered for compensation, you must file a claim and prove that you meet the eligibility requirements.
Stephens and Stephens RECA lawyers represent eligible radiation exposure victims who intend to file claims under the RECA and the EEOICPA, countrywide. You can contact our RECA lawyer, Hugh Stephens, on his cell phone at (716) 208-3525 for advice and help filing a RECA claim in North Dakota. He will also help you appeal if your claim was wrongfully denied. If your claim is accepted, you will receive a lump sum of $150 000, as well as medical and impairment benefits. You may also be eligible for compensation if your loved one died from a RECA-covered illness. Eligible survivors may include the workers’ living spouse, children, grandchildren, and grandparents. You can consult a RECA lawyer on your eligibility.
Uranium Mining in North Dakota
Uranium deposits in North Dakota are primarily located in the Western part of the state. The exploration of uranium in the state began in 1948, prompted by increased demand for the product. Federal scientists discovered uraniferous lignite deposits in western North Dakota, which led to several energy companies exploring the region for uranium during the 1950s. The mineral has been confirmed in at least 21 areas in the region, primarily occurring within lignites, sandstones, or carbonaceous mudstones. Between the late 1940s and the late 1970s, uranium deposits were confirmed in Bowman, Slope, Stark, Billings, and Golden Valley counties.
In 1956, North Dakota processing plants shipped hundreds of tons of uraniferous lignite. The low-grade ore lignites could not be processed in the mills. Before processing, these ores would be burnt in the bed for about 30 to 60 days using diesel and old tires, after the overburden was removed. The burnt ash was sent to Belfield or Griffith, where it was further burnt in kilns before being shipped to mills in South Dakota, Colorado, and New Mexico for processing. An example is the Union Carbide mill near Belfield in Stark County, which was used to burn uraniferous lignite and extract uranium from the ash from 1965 to 1967. During this period, the processing plant produced about 150 metric tons of uranium oxide. Most of the uranium mining in southwestern North Dakota took place from 1962 to 1967.
The exact number of mines in the state is uncertain because no proper records were kept. However, it is estimated that about seven to fourteen uraniferous lignite mines were operational across the state in the 1960s. Most of the mining operations were relatively small and short-lived, and extraction involved shallow pits excavated to the top of uraniferous (uranium-bearing) lignites. Uranium mining in the state ended in 1967 with a total production of approximately 85,000 tons of ore, which was converted into 270 tons of “yellow cake” or uranium oxide.
In the 1970s, the demand for uranium increased, with prices reaching $40 per pound. The boom resulted in renewed interest in exploration, which occurred in the Chalky Buttes, Slope County, and Gascoyne in Bowman County. The North Dakota Geological Survey issued at least 22 uranium exploration permits. About 1,400 exploration holes were drilled in Slope, Bowman, Adams, Billings, and Stark counties. The exploration halted in 1979 as orders for new power plants ceased. Also, energy companies disbanded their mineral divisions, following the Three Mile Island nuclear plant accident. The mineable uranium oxide reserve in the state is estimated to be 480,000 pounds, which is less than 1 percent of the total U.S. reserves.
Former Uranium Extraction and Processing Sites in North Dakota
Most of the mining was centered in the Belfield area, which includes Billings County, Stark County, Slope County, and Golden Valley County. Mineral companies with operations within the state in the 1950s and 1960s include: Union Carbide Corporation, Kerr-McGee, Kermac Nuclear Fuels Corporation, Susquehanna-Western Incorporated, Geo Resources Exploration Incorporated, Manidon Mining Company, Uranco Mining and Exploration Company, Marathon Oil, Minerals Mining Company, Westinghouse, Ohio Oil Company, and Landis-Gress-McCann-Getting Uranium Association.
In 1967, mining companies left the state and relocated closer to processing centers. During this period, the Atomic Energy Commission (AEC ) allowed companies to consolidate their allocations. Susquehanna-Western operated the Klym Mine in Billings County from 1967 to 1968. The company mined about 25,000 tons of uraniferous lignite. The ore was burned on site, and the ash was shipped for processing. The site was reclaimed in 1990.
The Church or Fritz Mine in Slope County operated from 1962 to 1967. However, test pits date back to 1956. The mine site covers approximately 155 acres.
Union Carbide produced about 50,000 tons of uraniferous lignite from the Frank Mine. This production figure may also include the Luptak, Palaniuk, Safratowich, Hecker, Rodowski, and Lindo mines.
It was not until 1971 that the government set regulations governing standards for radon exposure in mines. The earlier uranium mines across the country operated without any exposure regulations. Consequently, employees were exposed to toxins, and the open pits were abandoned without land reclamation. In the 1980s and early 1990s, the North Dakota Public Service Commission reclaimed the sites by burying radioactive material at the bottom of the pits and leveling the surface. However, the uraniferous lignite burn sites, mines, and the Belfield and Bowman kiln sites pose a risk of soil and groundwater contamination.
Health Effects of Uranium Mining in North Dakota
Uranium workers in North Dakota and elsewhere in the country were exposed to significant levels of toxins related to uranium mining and processing. These exposures put them at an increased risk of developing certain illnesses and cancers. Early uranium mining and processing in North Dakota and the entire United States also left a trail of health and environmental hazards. Groundwater in some areas of southwestern North Dakota is believed to be contaminated with moderate to high levels of uranium, which poses a threat to animal and human health. Communities in the area are also exposed to high levels of radon gas from former mines and test pits.
Illnesses linked to uranium exposure and processing include:
Respiratory illnesses and lung cancer: Early uranium miners were exposed to radioactive dust, radon gas, mining dust, and other chemicals involved in the processing of uranium, which increased their risk of developing pulmonary diseases and cancer. Prolonged exposure to uranium particles during uranium mining or processing products can cause significant respiratory damage. The inhalation of uranium particulates or radon gas, a byproduct of uranium decay, increases the risk of developing lung cancer, especially for miners exposed to elevated levels of uranium and its waste particles. The uranium dust can irritate the respiratory system, causing breathing complications over time. The radioactive components of uranium produce alpha particles. These particles cannot penetrate the skin, but can be harmful if the uranium is ingested or inhaled. Once inside the body, uranium particles can irradiate internal tissues, potentially disrupting DNA and increasing the risk of cancer. This is particularly the leading cause of lung cancer in uranium workers and other individuals exposed to uranium dust.
Kidney disease and renal cancer: Alpha radiation from uranium can also damage cells, affecting organs such as the kidneys, lungs, and bones. Apart from the radioactivity of uranium exposure, it is also associated with chemical toxicity. Being a heavy metal, uranium can accumulate in the kidneys, damaging them and impairing their functions.
Bone cancer: Uranium in the body can also migrate to other parts of the body through the respiratory and digestive system, causing different types of cancer. Studies have shown that some body organs contain higher levels of uranium than the blood plasma. Uranium is often deposited in bones because the element is a chemical analog of calcium. Once deposited in the bones, uranium interferes with the functioning of bone cells, leading to bone degradation.
Uranium exposure is also linked to reproduction problems and congenital disabilities, which has been particularly proven through animal studies. Some researchers also believe that uranium exposure could weaken the immune system.
How do you file a RECA Uranium worker claim?
You can file a RECA claim with the Department of Justice (DOJ) by submitting a claim form and evidence of eligibility. Eligibility requirements for RECA claimants include proof of covered employment and diagnosis of a covered illness. Specified illnesses for uranium workers under the RECA include lung cancer, nonmalignant respiratory diseases (lung and pulmonary fibrosis, corpulmonale related to fibrosis of the lung, silicosis, and pneumoconiosis), renal cancer, as well as any other chronic renal disease, including nephritis and kidney tubular tissue injury.
The medical diagnosis you can submit depends on the type of illness. Examples of medical evidence for respiratory diseases include arterial blood gas studies, written diagnosis by a qualified physician, chest X-rays, high-resolution computed tomography scans, pathology reports of tissue biopsies, and pulmonary function tests. If you are claiming a kidney-related illness, you can submit results of blood tests commonly known as Glomerular Filtration Rate (GFR), urine test results, ultrasound scans, CT scans, or MRI scans.
Covered employment is often established by obtaining the uranium worker’s Social Security Administration (SSA) earnings records. The Act allows for the combination of work histories of two or more accepted uranium worker positions to meet the required one-year employment period. This applies to workers who were employed in two or more covered uranium worker positions.
Contact us for Help Filing a RECA Claim
The RECA allows you to file a claim on your own or with the help of an authorized representative (AR). You can choose the representation of a loved one or hire the services of a RECA lawyer. If you are looking to file your claim quickly, it is best to hire an experienced lawyer to represent you. This is because the process of obtaining evidence and following up with the DOJ can be draining. The process should take a maximum of 12 months once all the required evidence is submitted. A RECA Lawyer can help you obtain the necessary evidence to file a successful claim. He or she also maintains constant communication with the DOJ and submits additional evidence where the evidence is insufficient to decide on your claim. We offer free consultation services to our RECA clients, and only charge you after receiving your payment. Our fee rates are 2% if your claim is accepted the first time, and 10% for claims accepted after a denial.