Title 5Government Organization and EmployeesRelease 119-73not60

§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 Apr 3, 2026|Official source

Summary

The United States must pay benefits when an employee is hurt or killed by a personal injury while doing their job, unless the injury or death was caused by the employee’s intentional wrongdoing, by the employee trying to hurt or kill themself or someone else, or was mainly caused by the employee being intoxicated. If an employee working outside the continental United States, in Alaska, or in areas of Panama made available under the Panama Canal Treaty of 1977 and related agreements (see section 3(a) of the Panama Canal Act of 1979) is injured or dies from a war-risk danger or from capture, detention, or restraint by a hostile force or person, that harm is treated as happening while on duty whether or not they were working when it occurred. This does not apply to someone who lives at or near the workplace and was not there only because of the job, unless they were hurt or taken while working, or to a prisoner of war or a person protected by the Geneva Conventions of 1949 who is detained or used by the United States.

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.

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 5Government Organization and Employees

Last Updated

Apr 3, 2026

Release point: 119-73not60