§239d Compensation for Lost Employment Income

Summary

The Secretary must pay eligible people money when they lose work income because of a covered injury. The payment is 66 2/3 percent of the relevant pay period (weekly, monthly, or otherwise). If the person has one or more dependents, that basic amount is increased by 8 1/3 percent. The Secretary may look to certain federal pay and benefits rules (including parts of title 5) when deciding how much to pay and when payments are reasonable. Employment income includes self-employment income. These payments are secondary to any other payments from the United States or third parties (like state or local governments, insurers, or employers). The total of all payments cannot be more than the 66 2/3 percent rate. If another payment is a lump sum, the Secretary may spread it over several years for these limits. No lost-income payments are made after survivors receive death benefits under section 239e. Annual payments are capped at $50,000, and lifetime payments are capped at the amount allowed under section 239e unless the person meets the disability definition in section 416(i), in which case the lifetime cap does not apply. No payment is made for the first 5 work days lost unless the loss lasts 10 or more work days. Payments stop when the person reaches age 65. These payments are in addition to amounts under section 239c.