28 CFR § 79.42 - Criteria for eligibility for claims by miners.

---
identifier: "/us/cfr/t28/s79.42"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "28 CFR § 79.42 - Criteria for eligibility for claims by miners."
title_number: 28
title_name: "Judicial Administration"
section_number: "79.42"
section_name: "Criteria for eligibility for claims by miners."
chapter_name: "DEPARTMENT OF JUSTICE"
part_number: "79"
part_name: "CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Secs. 6(a), 6(i) and 6(j), Pub. L. 101-426, 104 Stat. 920, as amended by secs. 3(c)-(h), Pub. L. 106-245, 114 Stat. 501 and sec. 11007, Pub. L. 107-273, 116 Stat. 1758 (42 U.S.C. 2210 note; 5 U.S.C. 500(b))."
regulatory_source: "Order No. 2711-2004, 69 FR 13634, Mar. 23, 2004, unless otherwise noted."
cfr_part: "79"
---


# 79.42 Criteria for eligibility for claims by miners.

To establish eligibility for compensation under this subpart, a claimant or eligible surviving beneficiary must establish each of the following:

(a) The claimant was employed as a miner in a specified state;

(b) The claimant was so employed at any time during the period beginning on January 1, 1942, and ending on December 31, 1971;

(c) The claimant was exposed during the course of his or her mining employment to 40 or more working level months of radiation or worked for at least one year in a uranium mine or mines during the period identified in paragraph (b) of this section; and

(d) The claimant contracted lung cancer or a nonmalignant respiratory disease following such exposure.