Title 5, Government Organization and EmployeesRelease 119-110

§8102 Compensation for Disability or Death of Employee

Title 5 › PART III — EMPLOYEES › Subpart G — Insurance and Annuities › CHAPTER 81 — COMPENSATION FOR WORK INJURIES › SUBCHAPTER I — GENERALLY › § 8102

Last updated Sep 22, 2026|Official source

Summary

The United States must pay money to cover an employee’s disability or death when the injury happened while doing their job. Payments do not have to be made if the injury or death was caused by the employee’s deliberate bad conduct, by the employee trying to hurt themselves or someone else, or if the employee’s intoxication was a main cause. If an employee working outside the continental United States, or in Alaska, or in areas of Panama made available to the United States under the Panama Canal Treaty of 1977 and the Panama Canal Act of 1979 becomes disabled or dies from a war-related risk or from capture or detention by a hostile force, that is treated as a job injury. This rule does not apply to someone who lived at the work site by choice and was not there only because of the job (unless injured while working), or to a prisoner of war or a person protected under the Geneva Conventions of 1949 who is detained or used by the United States. Other payment rules still apply, and no compensation is paid for any time when the person or their dependents already receive pay, benefits, or gratuities from the United States for the same detention or injury unless those amounts are returned or given up.

Full Legal Text

Title 5, §8102

Government Organization and Employees, Source: USLM XML via OLRC

(a)The United States shall pay compensation as specified by this subchapter for the disability or death of an employee resulting from personal injury sustained while in the performance of his duty, unless the injury or death is—
(1)caused by willful misconduct of the employee;
(2)caused by the employee’s intention to bring about the injury or death of himself or of another; or
(3)proximately caused by the intoxication of the injured employee.
(b)Disability or death from a war-risk hazard or during or as a result of capture, detention, or other restraint by a hostile force or individual, suffered by an employee who is employed outside the continental United States or in Alaska or in the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979), is deemed to have resulted from personal injury sustained while in the performance of his duty, whether or not the employee was engaged in the course of employment when the disability or disability resulting in death occurred or when he was taken by the hostile force or individual. This subsection does not apply to an individual—
(1)whose residence is at or in the vicinity of the place of his employment and who was not living there solely because of the exigencies of his employment, unless he was injured or taken while engaged in the course of his employment; or
(2)who is a prisoner of war or a protected individual under the Geneva Conventions of 1949 and is detained or utilized by the United States.
This subsection does not affect the payment of compensation under this subchapter derived otherwise than under this subsection, but compensation for disability or death does not accrue for a period for which pay, other benefit, or gratuity from the United States accrues to the disabled individual or his dependents on account of detention by the enemy or because of the same disability or death, unless that pay, benefit, or gratuity is refunded or renounced.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 751.Sept. 7, 1916, ch. 458, § 1, 39 Stat. 742.Aug. 8, 1958, Pub. L. 85–608, § 301, 72 Stat. 538. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

References in Text

section 3(a) of the Panama Canal Act of 1979, referred to in subsec. (b), is classified to section 3602(a) of Title 22, Foreign Relations and Intercourse.

Amendments

1979—Subsec. (b). Pub. L. 96–70 substituted “areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979)” for “Canal Zone”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1979 AmendmentAmendment by Pub. L. 96–70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96–70, set out as an

Effective Date

note under section 3601 of Title 22, Foreign Relations and Intercourse.

Reference

Citations & Metadata

Citation

5 U.S.C. § 8102

Title 5, Government Organization and Employees

Last Updated

Sep 22, 2026

Release point: 119-110