5 U.S.C. § 8173: Liability under this…

Summary

The United States and certain nonappropriated fund organizations must use the rules in this subchapter to decide what they owe when a covered worker is injured or dies, using the Longshore Act’s definition of injury. That decision is the only legal responsibility. The worker, their legal representative, spouse, dependents, next of kin, or anyone else cannot get damages again by civil action, admiralty, workers’ compensation, or federal tort claims.

Title 5, §8173

Government Organization and Employees, Source: USLM XML via OLRC

The liability of the United States or of a nonappropriated fund instrumentality described by section 2105(c) of this title, with respect to the disability or death resulting from injury, as defined by section 2(2) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 902(2)), of an employee referred to by section 8171 and 8172 of this title, shall be determined as provided by this subchapter. This liability is exclusive and instead of all other liability of the United States or the instrumentality to the employee, his legal representative, spouse, dependents, next of kin, and any other person otherwise entitled to recover damages from the United States or the instrumentality because of the disability or death in a direct judicial proceeding, in a civil action, or in admiralty, or by an administrative or judicial proceeding under a workmen’s compensation statute or under a Federal tort liability statute.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 150k–1(c).July 18, 1958, Pub. L. 85–538, § 1 “Sec. 2(c)”, 72 Stat. 397. 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

1996—Pub. L. 104–106 substituted “(33 U.S.C. 902(2))” for “(33 U.S.C. 2(2))”. 1994—Pub. L. 103–337 substituted “section 2(2) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 2(2))” for “section 902(2) of title 33”.

§8173 Liability Under This Subchapter Exclusive