PRIA, Government Policy, Made Personal

Summary

The Secretary of Labor can give different U.S. workers’ compensation to an employee who is not a U.S. or Canadian citizen or resident (or to that employee’s dependent) when the normal U.S. payment would be much lower than what people get where the injury happened outside the continental U.S. or Canada. The Secretary can either copy or change local workers’ compensation rules or make special payment schedules for certain jobs, places, or types of injury. The Secretary can also change or set limits on the highest monthly or total payments, change the wage percentage used to calculate pay, and decide who may get death benefits, including people recognized by local custom. The Secretary or a chosen person can pay a lump sum and can settle disputed claims. Any payment made this way replaces other U.S. payments for the same injury and ends the United States’ legal responsibility for that injury. The Secretary may let other U.S. officials handle claims, provide funds, suspend these rules if local processing is impossible or claimants are enemy aliens, and apply the rules retroactively with needed adjustments.

Title 5, §8137

Government Organization and Employees, Source: USLM XML via OLRC

(a)When the Secretary of Labor finds that the amount of compensation payable to an employee who is neither a citizen nor resident of the United States or Canada, or payable to a dependent of such an employee, is substantially disproportionate to compensation for disability or death payable in similar cases under local statute, regulation, custom, or otherwise at the place outside the continental United States or Canada where the employee is working at the time of injury, he may provide for payment of compensation on a basis reasonably in accord with prevailing local payments in similar cases by—

(1)the adoption or adaption of the substantive features, by a schedule or otherwise, of local workmen’s compensation provisions or other local statute, regulation, or custom applicable in cases of personal injury or death; or

(2)establishing special schedules of compensation for injury, death, and loss of use of members and functions of the body for specific classes of employees, areas, and places.

Irrespective of the basis adopted, the Secretary may at any time—

(A)modify or limit the maximum monthly and total aggregate payments for injury, death, and medical or other benefits;

(B)modify or limit the percentages of the wage of the employee payable as compensation for the injury or death; and

(C)modify, limit, or redesignate the class or classes of beneficiaries entitled to death benefits, including the designation of persons, representatives, or groups entitled to payment under local statute or custom whether or not included in the classes of beneficiaries otherwise specified by this subchapter.

(b)In a case under this section, the Secretary or his designee may—

(1)make a lump-sum award in the manner prescribed by section 8135 of this title when he or his designee considers it to be for the best interest of the United States; and

(2)compromise and pay a claim for benefits, including a claim in which there is a dispute as to jurisdiction or other fact or a question of law.

Compensation paid under this subsection is instead of all other compensation from the United States for the same injury or death, and a payment made under this subsection is deemed compensation under this subchapter and is satisfaction of all liability of the United States in respect to the particular injury or death.

(c)The Secretary may delegate to an employee or agency of the United States, with such limitations and right of review as he considers advisable, authority to process, adjudicate, commute by lump-sum award, compromise, and pay a claim or class of claims for compensation, and to provide other benefits, locally, under this section, in accordance with such regulations and instructions as the Secretary considers necessary. For this purpose, the Secretary may provide or transfer funds, including reimbursement of amounts paid under this subchapter.

(d)The Secretary may waive the application of this subchapter in whole or in part and for such period or periods as he may fix if he finds that—

(1)conditions prevent the establishment of facilities for processing and adjudicating claims under this section; or

(2)claimants under this section are alien enemies.

(e)The Secretary may apply this section retrospectively with adjustment of compensation and benefits as he considers necessary and proper.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 793 (5th par., less penultimate sentence).July 28, 1945, ch. 328, § 4 (less penultimate sentence), 59 Stat. 503. The last sentence of former section 793 is omitted as it consists of a definition which is fully spelled out when the words “United States” are used as a geographical reference. 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.

§8137 Compensation for Noncitizens and Nonresidents

Summary

Title 5, §8137

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata