Title 5Government Organization and EmployeesRelease 119-73

§8137 Compensation for noncitizens and nonresidents

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart G— - Insurance and Annuities › Chapter CHAPTER 81— - COMPENSATION FOR WORK INJURIES › Subchapter SUBCHAPTER I— - GENERALLY › § 8137

Last updated Apr 6, 2026|Official source

Summary

Allows the Secretary of Labor to pay a worker who is not a U.S. or Canadian citizen or resident, or that worker’s dependents, a different amount if the usual U.S. benefit would be far below what people get where the worker was hurt outside the continental U.S. or Canada. The Secretary can follow local workers’‑comp rules or make special payment schedules for certain jobs, places, or groups. He can change monthly or total limits, change the percent of wages paid, and change who can get death benefits to match local practice. The Secretary can give lump‑sum awards, settle disputed claims, and let other U.S. officials handle, decide, or pay claims and provide funds. He can suspend these rules if claim processing is impossible or if claimants are enemy aliens. He can also apply these rules to past cases and adjust payments as needed.

Full Legal Text

Title 5, §8137

Government Organization and Employees — Source: USLM XML via OLRC

(a)When the Secretary of Labor finds that the amount of compensation payable to an employee who is neither a citizen nor resident of the United States or Canada, or payable to a dependent of such an employee, is substantially disproportionate to compensation for disability or death payable in similar cases under local statute, regulation, custom, or otherwise at the place outside the continental United States or Canada where the employee is working at the time of injury, he may provide for payment of compensation on a basis reasonably in accord with prevailing local payments in similar cases by—
(1)the adoption or adaption of the substantive features, by a schedule or otherwise, of local workmen’s compensation provisions or other local statute, regulation, or custom applicable in cases of personal injury or death; or
(2)establishing special schedules of compensation for injury, death, and loss of use of members and functions of the body for specific classes of employees, areas, and places.
(A)modify or limit the maximum monthly and total aggregate payments for injury, death, and medical or other benefits;
(B)modify or limit the percentages of the wage of the employee payable as compensation for the injury or death; and
(C)modify, limit, or redesignate the class or classes of beneficiaries entitled to death benefits, including the designation of persons, representatives, or groups entitled to payment under local statute or custom whether or not included in the classes of beneficiaries otherwise specified by this subchapter.
(b)In a case under this section, the Secretary or his designee may—
(1)make a lump-sum award in the manner prescribed by section 8135 of this title when he or his designee considers it to be for the best interest of the United States; and
(2)compromise and pay a claim for benefits, including a claim in which there is a dispute as to jurisdiction or other fact or a question of law.
(c)The Secretary may delegate to an employee or agency of the United States, with such limitations and right of review as he considers advisable, authority to process, adjudicate, commute by lump-sum award, compromise, and pay a claim or class of claims for compensation, and to provide other benefits, locally, under this section, in accordance with such regulations and instructions as the Secretary considers necessary. For this purpose, the Secretary may provide or transfer funds, including reimbursement of amounts paid under this subchapter.
(d)The Secretary may waive the application of this subchapter in whole or in part and for such period or periods as he may fix if he finds that—
(1)conditions prevent the establishment of facilities for processing and adjudicating claims under this section; or
(2)claimants under this section are alien enemies.
(e)The Secretary may apply this section retrospectively with adjustment of compensation and benefits as he considers necessary and proper.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 793 (5th par., less penultimate sentence).July 28, 1945, ch. 328, § 4 (less penultimate sentence), 59 Stat. 503. The last sentence of former section 793 is omitted as it consists of a definition which is fully spelled out when the words “United States” are used as a geographical reference. Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan. No. 19, 64 Stat. 1271 (see section 8145). Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Reference

Citations & Metadata

Citation

5 U.S.C. § 8137

Title 5Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73