§8131 — Title 5 Government Organization and Employees | U.S. Code

Summary

If someone else is legally responsible for an injury or death that is already giving a person continuing pay or other benefits, the Secretary of Labor can require the person getting the payments to either give the United States their right to sue or to go ahead and sue in their own name. If the person refuses when told to do this, they are not allowed to get the benefits. The Secretary can also sue or settle any claim the person gives to the United States. When money is recovered, the Secretary must first repay the compensation already paid and the costs of getting the money to the Employees’ Compensation Fund. Any remaining money is paid to the person and counted against future benefits. The person must get at least one-fifth of the net amount of any settlement or recovery after costs. If the Panama Canal Company may be legally liable under state, territory, District of Columbia, or foreign law, no benefits are paid until the person either gives up their right to sue the Panama Canal Company or gives the United States any right to share in money recovered from that company.

Title 5, §8131

Government Organization and Employees — Source: USLM XML via OLRC

(a)If an injury or death for which continuation of pay or compensation is payable under this subchapter is caused under circumstances creating a legal liability on a person other than the United States to pay damages, the Secretary of Labor may require the beneficiary to—

(1)assign to the United States any right of action he may have to enforce the liability or any right he may have to share in money or other property received in satisfaction of that liability; or

(2)prosecute the action in his own name.

(b)A beneficiary who refuses to assign or prosecute an action in his own name when required by the Secretary is not entitled to compensation under this subchapter.

(c)The Secretary may prosecute or compromise a cause of action assigned to the United States. When the Secretary realizes on the cause of action, he shall deduct therefrom and place to the credit of the Employees’ Compensation Fund the amount of continuation of pay or compensation already paid to the beneficiary and the expense of realization or collection. Any surplus shall be paid to the beneficiary and credited on future payments of compensation payable for the same injury. However, the beneficiary is entitled to not less than one-fifth of the net amount of a settlement or recovery remaining after the expenses thereof have been deducted.

(d)If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability in the Panama Canal Company to pay damages under the law of a State, a territory or possession of the United States, the District of Columbia, or a foreign country, compensation is not payable until the individual entitled to compensation—

(1)releases to the Panama Canal Company any right of action he may have to enforce the liability of the Panama Canal Company; or

(2)assigns to the United States any right he may have to share in money or other property received in satisfaction of the liability of the Panama Canal Company.

Notes & Related Subsidiaries

Historical and Revision Notes

1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large (a)–(c)5 U.S.C. 776.Sept. 7, 1916, ch. 458, § 26, 39 Stat. 747. Sept. 13, 1960, Pub. L. 86–767, § 207, 74 Stat. 908. (d)5 U.S.C. 791.Sept. 7, 1916, ch. 458, § 41, 39 Stat. 750. In subsection (d), the first 45 words of section 41 of the Act of Sept. 7, 1916, are omitted as executed. The words “Panama Canal Company” are substituted for “Panama Railroad Company” on authority of the Act of Sept. 26, 1950, ch. 1049, § 2(a) (2), 64 Stat. 1038. 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. 1967 Act Section of title 5Source (U.S. Code)Source (Statutes at Large) 8131(c)5 App.: 776 (proviso).July 4, 1966, Pub. L. 89–488, § 10(a), 80 Stat. 255.

Editorial Notes

References in Text

For definition of Panama Canal Company, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Intercourse.

Amendments

2022—Subsec. (a). Pub. L. 117–263, § 5305(b)(1)(A), inserted “continuation of pay or” before “compensation” in introductory provisions. Subsec. (c). Pub. L. 117–263, § 5305(b)(1)(B), inserted “continuation of pay or” before “compensation already paid”.

Statutory Notes and Related Subsidiaries

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.

§8131 Subrogation of the United States