§1705 — Title 42 The Public Health and Welfare | U.S. Code

Summary

If a person already gets workers’ compensation or similar benefits for the same injury or death from any other U.S. law, a state, a foreign country, or from a contractor agreement authorized by the United States, they cannot get benefits under this subchapter for that same injury. The Secretary has a lien and can recover any payments made under this subchapter from other workers’ compensation payments for the same injury. If the United States pays wages, wage-replacement, or disability/life insurance for such a person, those amounts will be credited against any payments under this subchapter. If someone who already got benefits under this subchapter later sues or recovers wages or other sums for the same time period, the Secretary can intervene and recover the amounts paid; recovered money must be paid into the fund established under section 8147 of title 5. Nationals of a foreign government who get war-risk benefits from their own country are not covered by this subchapter. If a person is receiving workers’ compensation for an earlier accident or disease when they are injured under this subchapter, they get no new benefits for that same period unless the war-risk injury made their disability worse; then they get benefits only for the increased disability.

Title 42, §1705

The Public Health and Welfare — Source: USLM XML via OLRC

(a)No benefits shall be paid or furnished under the provisions of this subchapter for injury or death to any person who recovers or receives workmen’s compensation benefits for the same injury or death under any other law of the United States, or under the law of any State, Territory, possession, foreign country, or other jurisdiction, or benefits in the nature of workmen’s compensation benefits payable under an agreement approved or authorized by the United States pursuant to which a contractor with the United States has undertaken to provide such benefits.

(b)The Secretary shall have a lien and a right of recovery, to the extent of any payments made under this subchapter on account of injury or death, against any compensation payable under any other workmen’s compensation law on account of the same injury or death; and any amounts recovered under this subsection shall be covered into the fund established under section 8147 of title 5.

(c)Where any person specified in section 1701(a) of this title, or the dependent, beneficiary, or allottee of such person, receives or claims wages, payments in lieu of wages, insurance benefits for disability or loss of life (other than workmen’s compensation benefits), and the cost of such wages, payments, or benefits is provided in whole or in part by the United States, the amount of such wages, payments, or benefits shall be credited, in such manner as the Secretary shall determine, against any payments to which any such person is entitled under this subchapter. Where any person specified in section 1701(a) of this title, or any dependent, beneficiary, or allottee of such person, or the legal representative or estate of any such entities, after having obtained benefits under this subchapter, seeks through any proceeding, claim, or otherwise, brought or maintained against the employer, the United States, or other person, to recover wages, payments in lieu of wages, or any sum claimed as for services rendered, or for failure to furnish transportation, or for liquidated or unliquidated damages under the employment contract, or any other benefit, and the right in respect thereto is alleged to have accrued during or as to any period of time in respect of which payments under this subchapter in such case have been made, and in like cases where a recovery is made or allowed, the Secretary shall have the right of intervention and a lien and right of recovery to the extent of any payments paid and payable under this subchapter in such case, provided the cost of such wages, payments in lieu of wages, or other such right, may be directly or indirectly paid by the United States; and any amounts recovered under this subsection shall be covered into the fund established under section 8147 of title 5.

(d)Where a national of a foreign government is entitled to benefits on account of injury or death resulting from a war-risk hazard, under the laws of his native country or any other foreign country, the benefits of this subchapter shall not apply.

(e)If at the time a person sustains an injury coming within the purview of this subchapter said person is receiving workmen’s compensation benefits on account of a prior accident or disease, said person shall not be entitled to any benefits under this subchapter during the period covered by such workmen’s compensation benefits unless the injury from a war-risk hazard increases his disability, and then only to the extent such disability has been so increased.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsecs. (b) and (c), “section 8147 of title 5” was substituted for “section 35 of such Act of September 7, 1916, as amended,” on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Amendments

1943—Subsec. (c). Act Dec. 23, 1943, added second par.

Statutory Notes and Related Subsidiaries

Effective Date

of 1943 AmendmentAct Dec. 23, 1943, provided that: “The amendment in paragraph (a) [amending this section] shall become effective as of the

Effective Date

of title I of such Act of December 2, 1942 [sections 1701 to 1706 of this title].”

§1705 Receipt of Workmen’s Compensation Benefits

Summary

Title 42, §1705

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Executive Documents

Transfer of Functions

Transfer of Functions

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