42 USC § 7385 - Offset for certain payments

---
identifier: "/us/usc/t42/s7385"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 7385 - Offset for certain payments"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "7385"
section_name: "Offset for certain payments"
chapter_number: 84
chapter_name: "DEPARTMENT OF ENERGY"
subchapter_number: "XVI"
subchapter_name: "ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM"
part_number: "C"
part_name: "Treatment, Coordination, and Forfeiture of Compensation and Benefits"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3641], Oct. 30, 2000, 114 Stat. 1654, 1654A–509; Pub. L. 108–375, div. C, title XXXI, § 3162(a), Oct. 28, 2004, 118 Stat. 2186.)"
---


# § 7385. Offset for certain payments

A payment of compensation to an individual, or to a survivor of that individual, under this subchapter shall be offset by the amount of any payment made pursuant to a final award or settlement on a claim (other than a claim for worker’s compensation), against any person, that is based on injuries incurred by that individual on account of the exposure for which compensation is payable under this subchapter.

---

**Source Credit**: (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3641], Oct. 30, 2000, 114 Stat. 1654, 1654A–509; Pub. L. 108–375, div. C, title XXXI, § 3162(a), Oct. 28, 2004, 118 Stat. 2186.)

## Editorial Notes

### Amendments

2004— substituted “this subchapter” for “part B” and “on account of the exposure for which compensation is payable under this subchapter” for “on account of the exposure of a covered beryllium employee, covered employee with cancer, covered employee with chronic silicosis (as defined in ), or covered uranium employee (as defined in ), while so employed, to beryllium, radiation, silica, or radiation, respectively”.