5 U.S.C. § 8107 — Compensation schedule
submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 652 words · no verdicts yet
For permanent disabilities like losing a body part or a major function, or serious disfigurement, an employee gets extra compensation at two-thirds of their monthly pay, set by a fixed schedule. This applies no matter what caused the injury, and on top of temporary disability pay. Once that scheduled compensation ends, the employee switches to total or partial disability payments instead.
(a) If an employee has a permanent disability — losing a body part or function, or a permanent disfigurement — they get basic compensation under the schedule in (c), at 66⅔ percent of their monthly pay. This is paid no matter what part of the body actually caused the disability, no matter whether another part of the body is also impaired, and on top of any temporary total or temporary partial disability compensation.
(b) After the scheduled payments under (a) end, the employee then gets compensation under section 8105 if the disability is total, or section 8106 if it's partial.
(c) The compensation schedule pays a set number of weeks of compensation for each kind of permanent loss: arm, 312 weeks; leg, 288 weeks; hand, 244 weeks; foot, 205 weeks; eye, 160 weeks; thumb, 75 weeks; first (index) finger, 46 weeks; great toe, 38 weeks; second finger, 30 weeks; third finger, 25 weeks; a toe other than the great toe, 16 weeks; fourth (little) finger, 15 weeks. Hearing loss: 52 weeks for complete loss in one ear, 200 weeks for complete loss in both ears. Losing binocular vision, or 80% or more of an eye's vision, is compensated the same as losing the eye. Losing more than one phalanx of a digit is compensated the same as losing the whole digit; losing just the first phalanx pays half the compensation for losing the whole digit. If an arm or leg is amputated above the wrist or ankle, that's compensated the same as losing the whole arm or leg. Losing use of two or more digits, or one or more phalanges of each of two or more digits, on one hand or foot, is compensated based on how much use of the whole hand or foot was lost. Permanently losing all use of a body part is compensated the same as losing that part entirely; permanently losing partial use is compensated proportionally. Vision or hearing loss under this schedule is measured without correction, meaning without glasses or hearing aids. If more than one body part, or parts of several, is lost, each loss is compensated separately and the payments run one after another — except that losing multiple digits on the same hand or foot follows the proportional rule above, and partial hearing loss in both ears is calculated based on the combined loss. Serious disfigurement of the face, head, or neck that could hurt someone's ability to get or keep a job earns extra fair compensation, capped at $3,500, on top of any other scheduled payment. Permanently losing, or losing use of, any other important internal or external organ, as the Secretary determines, earns extra fair compensation, capped at 312 weeks per organ, on top of any other scheduled payment.
If there is permanent disability involving the loss, or loss of use, of a member or function of the body or involving disfigurement, the employee is entitled to basic compensation for the disability, as provided by the schedule in subsection (c) of this section, at the rate of 66⅔ percent of his monthly pay. The basic compensation is—
payable regardless of whether the cause of the disability originates in a part of the body other than that member;
payable regardless of whether the disability also involves another impairment of the body; and
in addition to compensation for temporary total or temporary partial disability.
With respect to any period after payments under subsection (a) of this section have ended, an employee is entitled to compensation as provided by—
section 8105 of this title if the disability is total; or
section 8106 of this title if the disability is partial.
The compensation schedule is as follows:
Arm lost, 312 weeks’ compensation.
Leg lost, 288 weeks’ compensation.
Hand lost, 244 weeks’ compensation.
Foot lost, 205 weeks’ compensation.
Eye lost, 160 weeks’ compensation.
Thumb lost, 75 weeks’ compensation.
First finger lost, 46 weeks’ compensation.
Great toe lost, 38 weeks’ compensation.
Second finger lost, 30 weeks’ compensation.
Third finger lost, 25 weeks’ compensation.
Toe other than great toe lost, 16 weeks’ compensation.
Fourth finger lost, 15 weeks’ compensation.
Loss of hearing—
complete loss of hearing of one ear, 52 weeks’ compensation; or
complete loss of hearing of both ears, 200 weeks’ compensation.
Compensation for loss of binocular vision or for loss of 80 percent or more of the vision of an eye is the same as for loss of the eye.
Compensation for loss of more than one phalanx of a digit is the same as for loss of the entire digit. Compensation for loss of the first phalanx is one-half of the compensation for loss of the entire digit.
If, in the case of an arm or a leg, the member is amputated above the wrist or ankle, compensation is the same as for loss of the arm or leg, respectively.
Compensation for loss of use of two or more digits, or one or more phalanges of each of two or more digits, of a hand or foot, is proportioned to the loss of use of the hand or foot occasioned thereby.
Compensation for permanent total loss of use of a member is the same as for loss of the member.
Compensation for permanent partial loss of use of a member may be for proportionate loss of use of the member. The degree of loss of vision or hearing under this schedule is determined without regard to correction.
In case of loss of use of more than one member or parts of more than one member as enumerated by this schedule, the compensation is for loss of use of each member or part thereof, and the awards run consecutively. However, when the injury affects only two or more digits of the same hand or foot, paragraph (17) of this subsection applies, and when partial bilateral loss of hearing is involved, compensation is computed on the loss as affecting both ears.
For serious disfigurement of the face, head, or neck of a character likely to handicap an individual in securing or maintaining employment, proper and equitable compensation not to exceed $3,500 shall be awarded in addition to any other compensation payable under this schedule.
For permanent loss or loss of use of any other important external or internal organ of the body as determined by the Secretary, proper and equitable compensation not to exceed 312 weeks’ compensation for each organ so determined shall be paid in addition to any other compensation payable under this schedule.
Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 536; Pub. L. 90–83, § 1(50), Sept. 11, 1967, 81 Stat. 210; Pub. L. 93–416, §§ 4, 5, Sept. 7, 1974, 88 Stat. 1144, 1145.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 536
- 1967Amended · Pub. L. 90-83 · 81 Stat. 210
- 1974Amended · Pub. L. 93-416 · 88 Stat. 1144, 1145
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.
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