5 U.S.C. § 8173 — Liability under this subchapter exclusive
submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 150 words · no verdicts yet
This section makes these subchapter’s liability rules exclusive for covered injuries and deaths involving the United States or a nonappropriated-fund instrumentality.
The liability of the United States or of a nonappropriated fund instrumentality described by section 2105
(c) of this title , with respect to the disability or death resulting from injury, as defined by section 2
(2) of the Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 902
(2) ), of an employee referred to by sections 8171 and 8172 of this title, shall be determined as provided by this subchapter. This liability is exclusive and instead of all other liability of the United States or the instrumentality to the employee, his legal representative, spouse, dependents, next of kin, and any other person otherwise entitled to recover damages from the United States or the instrumentality because of the disability or death in a direct judicial proceeding, in a civil action, or in admiralty, or by an administrative or judicial proceeding under a workmen’s compensation statute or under a Federal tort liability statute.
The liability of the United States or of a nonappropriated fund instrumentality described by section 2105(c) of this title, with respect to the disability or death resulting from injury, as defined by section 2(2) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 902(2)), of an employee referred to by sections 8171 and 8172 of this title, shall be determined as provided by this subchapter. This liability is exclusive and instead of all other liability of the United States or the instrumentality to the employee, his legal representative, spouse, dependents, next of kin, and any other person otherwise entitled to recover damages from the United States or the instrumentality because of the disability or death in a direct judicial proceeding, in a civil action, or in admiralty, or by an administrative or judicial proceeding under a workmen’s compensation statute or under a Federal tort liability statute.
Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 556; Pub. L. 103–337, div. A, title X, § 1070(d)(8)(B), Oct. 5, 1994, 108 Stat. 2859; Pub. L. 104–106, div. A, title XV, § 1505(b)(2), Feb. 10, 1996, 110 Stat. 514.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 556
- 1994Amended · Pub. L. 103-337 · 108 Stat. 2859
- 1996Amended · Pub. L. 104-106 · 110 Stat. 514
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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