§8121 — Title 5 Government Organization and Employees | U.S. Code

Summary

You can get compensation only if you or someone files a claim for you. The claim must be written and filed within the time set by section 8122. It must go to the Secretary of Labor or a person they name (including by mail), use a form the Secretary approves, include all required information, be sworn to, and—unless the person died—have a doctor’s certificate saying what the injury is and the likely disability.

Title 5, §8121

Government Organization and Employees — Source: USLM XML via OLRC

Compensation under this subchapter may be allowed only if an individual or someone on his behalf makes claim therefor. The claim shall—

(1)be made in writing within the time specified by section 8122 of this title;

(2)be delivered to the office of the Secretary of Labor or to an individual whom the Secretary may designate by regulation, or deposited in the mail properly stamped and addressed to the Secretary or his designee;

(3)be on a form approved by the Secretary;

(4)contain all information required by the Secretary;

(5)be sworn to by the individual entitled to compensation or someone on his behalf; and

(6)except in case of death, be accompanied by a certificate of the physician of the employee stating the nature of the injury and the nature and probable extent of the disability.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 768.Sept. 7, 1916, ch. 458, § 18, 39 Stat. 746. 5 U.S.C. 769.Sept. 7, 1916, ch. 458, § 19, 39 Stat. 746. The words “except as provided in section 788” in former section 768 are omitted as unnecessary as former section 788 dealt with recovery of overpayments after claims were made. Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145). 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

Amendments

1974—Par. (3). Pub. L. 93–416 substituted “approved” for “furnished”.

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 Sept. 7, 1974, see section 23(a) of Pub. L. 93–416, set out as a note under section 8101 of this title. Increase in Time-Period for FECA Claimant Supply Supporting Documentation to Office of Worker’s Compensation Pub. L. 117–263, div. E, title LIII, § 5305(c), Dec. 23, 2022, 136 Stat. 3255, provided that: “Not later than 16 days after the date of enactment of this Act [Dec. 23, 2022], the Secretary of Labor shall— “(1) amend section 10.121 of title 20, Code of Federal

Regulations

, or any successor regulation, by striking ‘30 days’ and inserting ‘60 days’; and “(2) modify the Federal Employees’ Compensation Act manual to reflect the changes made by the Secretary pursuant to paragraph (1).”

§8121 Claim