§8107 — Title 5 Government Organization and Employees | U.S. Code

Summary

A worker who has a permanent loss, permanent loss of use, or a permanent disfigurement must be paid a basic benefit equal to 66 2/3 percent of their monthly pay. The amount comes from a set schedule and is paid even if the injury started elsewhere or if other impairments exist. It is paid on top of any temporary disability benefits. After those schedule payments stop, the worker may get more pay under section 8105 if the disability is total or under section 8106 if it is partial. The schedule gives exact weeks of pay for specific losses: arm 312 weeks; leg 288 weeks; hand 244 weeks; foot 205 weeks; eye 160 weeks; thumb 75 weeks; first finger 46 weeks; second finger 30 weeks; third finger 25 weeks; fourth finger 15 weeks; great toe 38 weeks; other toe 16 weeks; hearing—one ear 52 weeks, both ears 200 weeks. Loss of binocular vision or loss of 80 percent or more of an eye is treated like loss of the eye. Losing more than one phalanx of a finger equals losing the whole finger; loss of the first phalanx is half the finger’s award. Amputation above the wrist or ankle is treated as loss of the whole arm or leg. Losses of use, multiple parts, and partial losses are paid proportionally or consecutively as described. Vision and hearing are measured without correction. Serious disfigurement of the face, head, or neck that hurts job prospects can get up to $3,500 extra. The Secretary may also treat other important organs as covered and award up to 312 weeks for each.

Title 5, §8107

Government Organization and Employees — Source: USLM XML via OLRC

(a)If there is permanent disability involving the loss, or loss of use, of a member or function of the body or involving disfigurement, the employee is entitled to basic compensation for the disability, as provided by the schedule in subsection (c) of this section, at the rate of 66⅔ percent of his monthly pay. The basic compensation is—

(1)payable regardless of whether the cause of the disability originates in a part of the body other than that member;

(2)payable regardless of whether the disability also involves another impairment of the body; and

(3)in addition to compensation for temporary total or temporary partial disability.

(b)With respect to any period after payments under subsection (a) of this section have ended, an employee is entitled to compensation as provided by—

(1)section 8105 of this title if the disability is total; or

(2)section 8106 of this title if the disability is partial.

(c)The compensation schedule is as follows:

(1)Arm lost, 312 weeks’ compensation.

(2)Leg lost, 288 weeks’ compensation.

(3)Hand lost, 244 weeks’ compensation.

(4)Foot lost, 205 weeks’ compensation.

(5)Eye lost, 160 weeks’ compensation.

(6)Thumb lost, 75 weeks’ compensation.

(7)First finger lost, 46 weeks’ compensation.

(8)Great toe lost, 38 weeks’ compensation.

(9)Second finger lost, 30 weeks’ compensation.

(10)Third finger lost, 25 weeks’ compensation.

(11)Toe other than great toe lost, 16 weeks’ compensation.

(12)Fourth finger lost, 15 weeks’ compensation.

(13)Loss of hearing—

(A)complete loss of hearing of one ear, 52 weeks’ compensation; or

(B)complete loss of hearing of both ears, 200 weeks’ compensation.

(14)Compensation for loss of binocular vision or for loss of 80 percent or more of the vision of an eye is the same as for loss of the eye.

(15)Compensation for loss of more than one phalanx of a digit is the same as for loss of the entire digit. Compensation for loss of the first phalanx is one-half of the compensation for loss of the entire digit.

(16)If, in the case of an arm or a leg, the member is amputated above the wrist or ankle, compensation is the same as for loss of the arm or leg, respectively.

(17)Compensation for loss of use of two or more digits, or one or more phalanges of each of two or more digits, of a hand or foot, is proportioned to the loss of use of the hand or foot occasioned thereby.

(18)Compensation for permanent total loss of use of a member is the same as for loss of the member.

(19)Compensation for permanent partial loss of use of a member may be for proportionate loss of use of the member. The degree of loss of vision or hearing under this schedule is determined without regard to correction.

(20)In case of loss of use of more than one member or parts of more than one member as enumerated by this schedule, the compensation is for loss of use of each member or part thereof, and the awards run consecutively. However, when the injury affects only two or more digits of the same hand or foot, paragraph (17) of this subsection applies, and when partial bilateral loss of hearing is involved, compensation is computed on the loss as affecting both ears.

(21)For serious disfigurement of the face, head, or neck of a character likely to handicap an individual in securing or maintaining employment, proper and equitable compensation not to exceed $3,500 shall be awarded in addition to any other compensation payable under this schedule.

(22)For permanent loss or loss of use of any other important external or internal organ of the body as determined by the Secretary, proper and equitable compensation not to exceed 312 weeks’ compensation for each organ so determined shall be paid in addition to any other compensation payable under this schedule.

Notes & Related Subsidiaries

Historical and Revision Notes

1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 755(a), (b).Sept. 7, 1916, ch. 458, § 5, 39 Stat. 743. Oct. 14, 1949, ch. 691, § 104 “Sec. 5(a), (b)”, 63 Stat. 855. Sept. 13, 1960, Pub. L. 86–767, § 201, 74 Stat. 907. The words “loss, or” are omitted throughout this section as included in “loss of use of”. In subsection (a)(B), the words “under section 751–754 of this title” are omitted as surplusage. In subsection (b)(1), the words “(including paragraphs (16) and (20) thereof)” are omitted as surplusage. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. 1967 Act Section of title 5Source (U.S.Code)Source (Statutes at Large) 8107(a), (b).5 App.: 755(a), (b).July 4, 1966, Pub. L. 89–488, § 2(a), (b), 80 Stat. 252. In subsection (a), the words “If there is” are substituted for “In any case of”. The words “loss, or” are omitted as included in “loss of use of” and to conform to the remainder of the section. The words “the employee is entitled to basic compensation for the disability” are substituted for “basic compensation for such disability shall be payable to the disabled employee”. The words “by the schedule in subsection (c) of this section” are substituted for “in the following schedule” to reflect the codification of the schedule in subsection (c). The words “The schedule referred to in the first sentence is as follows:” are omitted as unnecessary in view of the codification of that schedule in subsection (c). In subsection (b), the words “an employee is entitled to compensation” are substituted for “compensation shall be paid” for consistency with subsection (a). In subsections (b) (1) and (2), the words “section 8105 of this title” and “section 8106 of this title” are substituted for “section 3” and “subsection (a) of section 4”, respectively, to reflect the codification of title 5.

Editorial Notes

Amendments

1974—Subsec. (a). Pub. L. 93–416, § 4, substituted “involving the loss, or loss of use” for “involving the loss of use”. Subsec. (c)(22). Pub. L. 93–416, § 5, added par. (22).

Statutory Notes and Related Subsidiaries

Effective Date

of 1974 AmendmentAmendment by Pub. L. 93–416 effective Sept. 7, 1974, and applicable to any injury or death occurring on or after such

Effective Date

, see section 28(a) of Pub. L. 93–416, set out as a note under section 8101 of this title. Personnel Not Affected by 1967 IncreaseIncreases authorized under amendment by Pub. L. 90–83 not applicable to specified personnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.

§8107 Compensation Schedule

Summary

Title 5, §8107

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata