§239d Compensation for lost employment income

Summary

The Secretary must pay an eligible person for lost work pay caused by a covered injury. Payment is based on the person’s pay at the time of the injury. The basic rate is 66⅔% of the relevant pay period (weekly, monthly, or other). If the person has one or more dependents, add 8⅓% to that rate. Income from self-employment counts as employment income. These payments come after any other payments the United States or a third party (like a state, insurer, or employer) must make. The total of this program plus those other payments cannot be more than the 66⅔% rate. If another payer gives a lump sum, the Secretary will treat it as paid over multiple years and may decide how to spread it out. No payments are made after survivors receive death benefits under section 239e. A person cannot get more than $50,000 in a year from these payments, and lifetime payments generally cannot exceed the amount allowed under section 239e, unless the person’s injury meets the disability definition in section 416(i). No payment is made for the first 5 work days lost unless the loss lasts 10 or more work days. No payments are made once the person reaches age 65. The Secretary may use certain title 5 rules (including special rules for minors) when deciding amounts and reasonableness. These payments are in addition to amounts under section 239c.