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5 U.S.C. § 8102Compensation for disability or death of employee

submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 356 words · no verdicts yet

in plain englishAI-generated · not legal advice

The government pays compensation to federal employees injured or killed on the job, unless they caused it through willful misconduct, self-harm, or their own intoxication. Special rules extend this coverage to employees overseas who are hurt or captured by enemy forces, even if they were not on duty at the time.

(a) The United States pays compensation, as this subchapter describes, when an employee is disabled or dies from a personal injury suffered while doing their job. There are three exceptions — the government will not pay if the injury or death was: (1) caused by the employee's own willful misconduct; (2) caused because the employee meant to hurt or kill themselves or someone else; or (3) mainly caused by the employee being intoxicated. (b) Special rule for employees working outside the continental United States, in Alaska, or in certain areas of Panama covered by the Panama Canal Treaty: if such an employee is disabled or dies from a "war-risk hazard," or from being captured, held, or restrained by a hostile force, that counts as an injury suffered while doing the job — whether or not the employee was actually working when it happened or when they were captured. This rule does not apply to an employee: (1) who lives at or near the workplace and was not living there only because the job required it — unless they were hurt or captured while actually working; or (2) who is a prisoner of war, or a protected person under the Geneva Conventions, being held or used by the United States itself. This rule does not block compensation paid for other reasons under this subchapter. But compensation for disability or death does not build up for any period during which the employee, or their dependents, already receives pay, benefits, or a gratuity from the United States because of being held by the enemy, or because of that same disability or death — unless that pay, benefit, or gratuity is paid back or given up.
the actual law source: uscode.house.gov ↗public domain
(a)

The United States shall pay compensation as specified by this subchapter for the disability or death of an employee resulting from personal injury sustained while in the performance of his duty, unless the injury or death is—

(1)

caused by willful misconduct of the employee;

(2)

caused by the employee’s intention to bring about the injury or death of himself or of another; or

(3)

proximately caused by the intoxication of the injured employee.

(b)

Disability or death from a war-risk hazard or during or as a result of capture, detention, or other restraint by a hostile force or individual, suffered by an employee who is employed outside the continental United States or in Alaska or in the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979), is deemed to have resulted from personal injury sustained while in the performance of his duty, whether or not the employee was engaged in the course of employment when the disability or disability resulting in death occurred or when he was taken by the hostile force or individual. This subsection does not apply to an individual—

(1)

whose residence is at or in the vicinity of the place of his employment and who was not living there solely because of the exigencies of his employment, unless he was injured or taken while engaged in the course of his employment; or

(2)

who is a prisoner of war or a protected individual under the Geneva Conventions of 1949 and is detained or utilized by the United States.

This subsection does not affect the payment of compensation under this subchapter derived otherwise than under this subsection, but compensation for disability or death does not accrue for a period for which pay, other benefit, or gratuity from the United States accrues to the disabled individual or his dependents on account of detention by the enemy or because of the same disability or death, unless that pay, benefit, or gratuity is refunded or renounced.

Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 534; Pub. L. 96–70, title I, § 1231(d), Sept. 27, 1979, 93 Stat. 470.)

history & why it existsrecord from the source credit
  • 1966Enacted · Pub. L. 89-554 · 80 Stat. 534
  • 1979Amended · Pub. L. 96-70 · 93 Stat. 470

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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