§8102 — Title 5 Government Organization and Employees | U.S. Code

Summary

The United States must pay benefits when a worker is hurt or killed because of a personal injury while doing their job. Payments are not made if the injury or death was caused by the worker’s deliberate bad behavior, by the worker trying to hurt themself or someone else, or if the injury was mainly caused by the worker being intoxicated. If a worker employed outside the continental United States, or in Alaska, or in U.S. areas in the Republic of Panama under the 1977 Panama Canal Treaty, is disabled or killed by war risks or by capture, detention, or restraint by a hostile force, that is treated as an on‑the‑job injury. This does not apply to someone who lives at the job site by choice and was not there only because of the job (unless hurt while actually working), or to a prisoner of war or a protected person under the 1949 Geneva Conventions who is detained or used by the United States.

Title 5, §8102

Government Organization and Employees — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 751.Sept. 7, 1916, ch. 458, § 1, 39 Stat. 742.Aug. 8, 1958, Pub. L. 85–608, § 301, 72 Stat. 538. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

References in Text

section 3(a) of the Panama Canal Act of 1979, referred to in subsec. (b), is classified to section 3602(a) of Title 22, Foreign Relations and Intercourse.

Amendments

1979—Subsec. (b). Pub. L. 96–70 substituted “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)” for “Canal Zone”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1979 AmendmentAmendment by Pub. L. 96–70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96–70, set out as an

Effective Date

note under section 3601 of Title 22, Foreign Relations and Intercourse.

§8102 Compensation for disability or death of employee

Summary

Title 5, §8102

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata