§8107 — Title 5 Government Organization and Employees | U.S. Code

Summary

Provides basic pay when an employee has a permanent loss or loss of use of a body part or a disfiguring injury. The basic pay is 66⅔ percent of the employee’s monthly pay and follows a set number-of-weeks schedule. That basic pay is due even if the injury started in a different body part, even if there are other injuries too, and it is in addition to any temporary disability pay. After the scheduled payments end, totally disabled employees get benefits under section 8105 and partially disabled employees under section 8106. The schedule gives exact weeks for many losses (for example: arm 312 weeks, leg 288 weeks, hand 244 weeks, foot 205 weeks, eye 160 weeks, thumb 75 weeks, first finger 46 weeks, great toe 38 weeks; hearing: one ear 52 weeks, both ears 200 weeks). Loss of use is treated like loss, amputations above wrist/ankle are treated as loss, and partial losses are paid in proportion. Awards for multiple losses generally run one after another, with special rules for multiple digits and hearing. Serious face/head/neck disfigurement can get up to $3,500 extra. The Secretary may award up to 312 weeks for other important organs.

Title 5, §8107

Government Organization and Employees — Source: USLM XML via OLRC

(a)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—

(1)payable regardless of whether the cause of the disability originates in a part of the body other than that member;

(2)payable regardless of whether the disability also involves another impairment of the body; and

(3)in addition to compensation for temporary total or temporary partial disability.

(b)With respect to any period after payments under subsection (a) of this section have ended, an employee is entitled to compensation as provided by—

(1)section 8105 of this title if the disability is total; or

(2)section 8106 of this title if the disability is partial.

(c)The compensation schedule is as follows:

(1)Arm lost, 312 weeks’ compensation.

(2)Leg lost, 288 weeks’ compensation.

(3)Hand lost, 244 weeks’ compensation.

(4)Foot lost, 205 weeks’ compensation.

(5)Eye lost, 160 weeks’ compensation.

(6)Thumb lost, 75 weeks’ compensation.

(7)First finger lost, 46 weeks’ compensation.

(8)Great toe lost, 38 weeks’ compensation.

(9)Second finger lost, 30 weeks’ compensation.

(10)Third finger lost, 25 weeks’ compensation.

(11)Toe other than great toe lost, 16 weeks’ compensation.

(12)Fourth finger lost, 15 weeks’ compensation.

(13)Loss of hearing—

(A)complete loss of hearing of one ear, 52 weeks’ compensation; or

(B)complete loss of hearing of both ears, 200 weeks’ compensation.

(14)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.

(15)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.

(16)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.

(17)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.

(18)Compensation for permanent total loss of use of a member is the same as for loss of the member.

(19)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.

(20)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.

(21)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.

(22)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.

Notes & Related Subsidiaries

Historical and Revision Notes

1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 755(a), (b).Sept. 7, 1916, ch. 458, § 5, 39 Stat. 743. Oct. 14, 1949, ch. 691, § 104 “Sec. 5(a), (b)”, 63 Stat. 855. Sept. 13, 1960, Pub. L. 86–767, § 201, 74 Stat. 907. The words “loss, or” are omitted throughout this section as included in “loss of use of”. In subsection (a)(B), the words “under section 751–754 of this title” are omitted as surplusage. In subsection (b)(1), the words “(including paragraphs (16) and (20) thereof)” are omitted as surplusage. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. 1967 Act Section of title 5Source (U.S.Code)Source (Statutes at Large) 8107(a), (b).5 App.: 755(a), (b).July 4, 1966, Pub. L. 89–488, § 2(a), (b), 80 Stat. 252. In subsection (a), the words “If there is” are substituted for “In any case of”. The words “loss, or” are omitted as included in “loss of use of” and to conform to the remainder of the section. The words “the employee is entitled to basic compensation for the disability” are substituted for “basic compensation for such disability shall be payable to the disabled employee”. The words “by the schedule in subsection (c) of this section” are substituted for “in the following schedule” to reflect the codification of the schedule in subsection (c). The words “The schedule referred to in the first sentence is as follows:” are omitted as unnecessary in view of the codification of that schedule in subsection (c). In subsection (b), the words “an employee is entitled to compensation” are substituted for “compensation shall be paid” for consistency with subsection (a). In subsections (b) (1) and (2), the words “section 8105 of this title” and “section 8106 of this title” are substituted for “section 3” and “subsection (a) of section 4”, respectively, to reflect the codification of title 5.

Editorial Notes

Amendments

1974—Subsec. (a). Pub. L. 93–416, § 4, substituted “involving the loss, or loss of use” for “involving the loss of use”. Subsec. (c)(22). Pub. L. 93–416, § 5, added par. (22).

Statutory Notes and Related Subsidiaries

Effective Date

of 1974 AmendmentAmendment by Pub. L. 93–416 effective Sept. 7, 1974, and applicable to any injury or death occurring on or after such

Effective Date

, see section 28(a) of Pub. L. 93–416, set out as a note under section 8101 of this title. Personnel Not Affected by 1967 IncreaseIncreases authorized under amendment by Pub. L. 90–83 not applicable to specified personnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.

§8107 Compensation schedule

Summary

Title 5, §8107

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata