PRIA, Government Policy, Made Personal

Summary

If someone gets workers’ compensation for the same injury or death from any other law, place, or an approved contractor agreement, they cannot get these federal war-risk benefits for that same injury. If the federal government already paid under these rules, it can take back or claim those payments from any other workers’ compensation the person gets. Any money the government recovers goes back into the federal fund for these payments. If the United States pays or helps pay wages, wage-replacement, or disability insurance, that money will be counted against what the person can get under these federal rules. The government can join or intervene in any case where the person or their family seeks overlapping pay and can recover what it paid. A national of another country who gets war‑risk benefits from that country cannot get these federal benefits. If a person is already getting workers’ compensation for an earlier injury, they cannot get these federal benefits for the same time unless the war‑risk injury makes their disability worse; then they get benefits only for the added disability.

Title 42, §1705

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

(a)Receipt of benefits under other provisions

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)Lien and right of recovery against compensation payable under other provisions

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)Receipt of wages as credit against payment under this subchapter; intervention by Secretary in proceeding to recover wages, etc.

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)Entitlement to benefits by national of a foreign government under foreign laws

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)Receipt of benefits for prior accident or disease

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

Citations & Metadata