PRIA, Government Policy, Made Personal

Summary

Compensation must be paid regularly, quickly, and directly to the person who is owed it, without a formal award unless the employer says they do not owe it. The first payment is due on the 14th day after the employer is told about the injury or death or otherwise learns of it, and any money then due must be paid then. After that, payments are normally made twice a month unless the deputy commissioner orders monthly or another schedule. When the first payment is made or payments stop, the employer must immediately tell the deputy commissioner using the Secretary’s form. If the employer disputes the claim, they must file a notice with the deputy commissioner within 14 days of learning of the injury or death, giving the claimant’s name, employer, date of injury or death, and reasons for the dispute. If a payment due without an award is late more than 14 days, 10% is added; if a payment under an award is late more than 10 days, 20% is added, unless a review and stay applies or the deputy commissioner excuses the delay. The employer must send a final-payment report within 16 days or pay a $100 penalty. The deputy commissioner can investigate, require deposits with the U.S. Treasurer, and hold hearings. Employers who paid in advance may be repaid from unpaid installments, and employees or their representatives must give receipts for payments when asked.

Title 33, §914

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(a)Manner of payment

Compensation under this chapter shall be paid periodically, promptly, and directly to the person entitled thereto, without an award, except where liability to pay compensation is controverted by the employer.

(b)Period of installment payments

The first installment of compensation shall become due on the fourteenth day after the employer has been notified pursuant to section 912 of this title, or the employer has knowledge of the injury or death, on which date all compensation then due shall be paid. Thereafter compensation shall be paid in installments, semimonthly, except where the deputy commissioner determines that payment in installments should be made monthly or at some other period.

(c)Notification of commencement or suspension of payment

Upon making the first payment, and upon suspension of payment for any cause, the employer shall immediately notify the deputy commissioner, in accordance with a form prescribed by the Secretary, that payment of compensation has begun or has been suspended, as the case may be.

(d)Right to compensation controverted

If the employer controverts the right to compensation he shall file with the deputy commissioner on or before the fourteenth day after he has knowledge of the alleged injury or death, a notice, in accordance with a form prescribed by the Secretary stating that the right to compensation is controverted, the name of the claimant, the name of the employer, the date of the alleged injury or death, and the grounds upon which the right to compensation is controverted.

(e)Additional compensation for overdue installment payments payable without award

If any installment of compensation payable without an award is not paid within fourteen days after it becomes due, as provided in subsection (b) of this section, there shall be added to such unpaid installment an amount equal to 10 per centum thereof, which shall be paid at the same time as, but in addition to, such installment, unless notice is filed under subsection (d) of this section, or unless such nonpayment is excused by the deputy commissioner after a showing by the employer that owing to conditions over which he had no control such installment could not be paid within the period prescribed for the payment.

(f)Additional compensation for overdue installment payments payable under terms of award

If any compensation, payable under the terms of an award, is not paid within ten days after it becomes due, there shall be added to such unpaid compensation an amount equal to 20 per centum thereof, which shall be paid at the same time as, but in addition to, such compensation, unless review of the compensation order making such award is had as provided in section 921 of this title and an order staying payment has been issued by the Board or court.

(g)Notice of payment; penalty

Within sixteen days after final payment of compensation has been made, the employer shall send to the deputy commissioner a notice, in accordance with a form prescribed by the Secretary, stating that such final payment has been made, the total amount of compensation paid, the name of the employee and of any other person to whom compensation has been paid, the date of the injury or death, and the date to which compensation has been paid. If the employer fails to so notify the deputy commissioner within such time the Secretary shall assess against such employer a civil penalty in the amount of $100.

(h)Investigations, examinations, and hearings for controverted, stopped, or suspended payments

The deputy commissioner (1) may upon his own initiative at any time in a case in which payments are being made without an award, and (2) shall in any case where right to compensation is controverted, or where payments of compensation have been stopped or suspended, upon receipt of notice from any person entitled to compensation, or from the employer, that the right to compensation is controverted, or that payments of compensation have been stopped or suspended, make such investigations, cause such medical examinations to be made, or hold such hearings, and take such further action as he considers will properly protect the rights of all parties.

(i)Deposit by employer

Whenever the deputy commissioner deems it advisable he may require any employer to make a deposit with the Treasurer of the United States to secure the prompt and convenient payment of such compensation, and payments therefrom upon any awards shall be made upon order of the deputy commissioner.

(j)Reimbursement for advance payments

If the employer has made advance payments of compensation, he shall be entitled to be reimbursed out of any unpaid installment or installments of compensation due.

(k)Receipt for payment

An injured employee, or in case of death his dependents or personal representative, shall give receipts for payment of compensation to the employer paying the same and such employer shall produce the same for inspection by the deputy commissioner, whenever required.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1984—Subsec. (b). Pub. L. 98–426, § 13(a), substituted “employer has been notified pursuant to section 912 of this title, or the employer,” for “employer”. Subsecs. (c), (d), (g). Pub. L. 98–426, § 27(a)(2), substituted “Secretary” for “commission”. See

Transfer of Functions

note set out under section 902 of this title. Subsecs. (j) to (l). Pub. L. 98–426, § 13(b), redesignated subsecs. (k) and (l) as (j) and (k), respectively, and struck out former subsec. (j) which provided that whenever the deputy commissioner determines that it was in the interest of justice, the liability of the employer for compensation, or any part thereof as determined by the deputy commissioner with the approval of the Secretary, could be discharged by the payment of a lump sum equal to the present value of future compensation payments commuted, computed at 4 per centum true discount compounded annually, that the probability of the death of the injured employee or other person entitled to compensation before the expiration of the period during which he was entitled to compensation would be determined in accordance with the American Experience Table of Mortality, and the probability of the remarriage of the surviving wife would be determined in accordance with the remarriage tables of the Dutch Royal Insurance Institution, and that the probability of the happening of any other contingency affecting the amount or duration of the compensation would be disregarded, was struck out. 1972—Subsec. (f). Pub. L. 92–576, § 15(d), substituted “order staying payment has been issued by the Board or court” for “interlocutory injunction staying payments is allowed by the court as provided therein”. Subsec. (m). Pub. L. 92–576, § 5(e), repealed subsec. (m) limiting aggregate money allowance for an injury under this chapter to $24,000, making the limitation inapplicable to cases of permanent total disability or death, and providing that in applying the limitation there shall not be taken into account any amount payable under section 908(g) of this title for maintenance during rehabilitation or any amount of additional compensation required to be paid under this section for delay or default in the payment of compensation or any amount accruing as interest upon defaulted compensation collectible under section 918 of this title. 1961—Subsec. (m). Pub. L. 87–87 increased limitation on total money allowance as compensation for injury from “$17,280” to “$24,000”. 1956—Subsec. (m). Act

July 26, 1956, provided for maximum money allowance of $17,280 in lieu of total compensation of $11,000, struck out additional former limit of $10,000 for disabilities compensable under section 908(c)(21) of this title, and inserted provision excepting from $17,280 limitation, amounts payable under section 908(g) of this title for maintenance during rehabilitation, and amounts payable under this section for delay or default in payment of compensation or interest collectible under section 918 of this title. 1948—Subsec. (m). Act

June 24, 1948, increased overall statutory maximum limitation upon compensation for disability from $7,500 to $11,000, and fixed a sublimitation of $10,000 upon that particular compensation for permanent partial disability which is payable when the case is classified as one in which compensation shall be payable under section 908(c)(21) of this title, but neither limitation shall apply for permanent total disability or death. 1938—Subsec. (f). Act

June 25, 1938, inserted “and an interlocutory injunction staying payments is allowed by the court as provided therein”. 1934—Subsec. (j). Act

May 26, 1934, substituted “in the interest of justice” for “for the best interests of a person entitled to compensation”, inserted “or any part thereof as determined by the deputy commissioner with the approval of the Commission”, and inserted provision for determining probability of remarriage.

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 AmendmentAmendment by section 13 of Pub. L. 98–426 effective 90 days after Sept. 28, 1984, and applicable both with respect to claims filed after such 90th day and to claims pending on such 90th day, and amendment by section 27(a)(2) of Pub. L. 98–426 effective Sept. 28, 1984, see section 28(b), (e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.

Effective Date

of 1972 AmendmentAmendment by Pub. L. 92–576 effective 30 days after Oct. 27, 1972, see section 22 of Pub. L. 92–576, set out as a note under section 902 of this title.

Effective Date

of 1961 AmendmentAmendment by Pub. L. 87–87 effective as to injuries sustained on or after July 14, 1961, see section 4 of Pub. L. 87–87, set out as a note under section 906 of this title.

Effective Date

of 1956 AmendmentAmendment by act

July 26, 1956, applicable only with respect to injuries and death occurring on or after

July 26, 1956, see section 9 of act

July 26, 1956, set out as a note under section 906 of this title.

Effective Date

of 1948 AmendmentAmendment by act

June 24, 1948, applicable to death or injuries occurring after

June 24, 1948, see section 6 of act

June 24, 1948, set out as a note under section 906 of this title.

§914 Payment of Compensation

Summary

Title 33, §914

Notes & Related Subsidiaries

Editorial Notes

Amendments

Transfer of Functions

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

Effective Date

Citations & Metadata