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5 U.S.C. § 8121 — Claim
Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8122&num=0&edition=prelim);
(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.
The Secretary may waive paragraphs (3)–(6) of this section for reasonable cause shown.
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Source file: Laws/federal/codes/united-states-code/title-5/section-8121-claim--9390ce4b40.md
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Source location: Title 5, Chapter 81, § 8121; chapter-081-compensation-for-work-injuries.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8122&num=0&edition=prelim);
(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.
The Secretary may waive paragraphs (3)–(6) of this section for reasonable cause shown.
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “employee” means—
(A) a civil officer or employee in any branch of the Government of the United States, including an officer or employee of an instrumentality wholly owned by the United States;
(B) an individual rendering personal service to the United States similar to the service of a civil officer or employee of the United States, without pay or for nominal pay, when a statute authorizes the acceptance or use of the service, or authorizes payment of travel or other expenses of the individual;
(C) an individual, other than an independent contractor or an individual employed by an independent contractor, employed on the Menominee Indian Reservation in Wisconsin in operations conducted under a statute relating to tribal timber and logging operations on that reservation;
(D) an individual employed by the government of the District of Columbia;
(E) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838);
(F) an individual selected pursuant to chapter 121 of title 28, and serving as a petit or grand juror; and
(G) an individual who is a System member of the National Urban Search and Rescue Response System during a period of appointment into Federal service pursuant to section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act;
but does not include—
(i) a commissioned officer of the Regular Corps of the Public Health Service;
(ii) a commissioned officer of the Reserve Corps 11 See Change of Name note below. of the Public Health Service on active duty;
(iii) a commissioned officer of the Environmental Science Services Administration; or
(iv) a member of the Metropolitan Police or the Fire D
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An original claim for compensation for disability or death must be filed within 3 years after the injury or death. Compensation for disability or death, including medical care in disability cases, may not be allowed if claim is not filed within that time unless—
(1) the immediate superior had actual knowledge of the injury or death within 30 days. The knowledge must be such to put the immediate superior reasonably on notice of an on-the-job injury or death; or
(2) written notice of injury or death as specified in [section 8119 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8119&num=0&edition=prelim) was given within 30 days.
**(b)** In a case of latent disability, the time for filing claim does not begin to run until the employee has a compensable disability and is aware, or by the exercise of reasonable diligence should have been aware, of the causal relationship of the compensable disability to his employment. In such a case, the time for giving notice of injury begins to run when the employee is aware, or by the exercise of reasonable diligence should have been aware, that his condition is causally related to his employment, whether or not there is a compensable disability.
**(c)** The timely filing of a disability claim because of injury will satisfy the time requirements for a death claim based on the same injury.
**(d)** The time limitations in subsections (a) and (b) of this section do not—
(1) begin to run against a minor until he reaches 21 years of age or has had a legal representative appointed; or
(2) run against an incompetent individual while he is incompetent and has no duly appointed legal representative; or
(3) run against any individual whose failure to comply is excused by the Secretary on the
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8122
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The President, from time to time, may transfer the administration of this subchapter—
(1) so far as employees of the Panama Canal Commission are concerned to the Commission; and
(2) so far as employees of The Alaska Railroad are concerned to the general manager of The Alaska Railroad.
**(b)** When administration is transferred under subsection (a) of this section, the expenses incident to physical examinations which are payable under [section 8123 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8123&num=0&edition=prelim) shall be paid from appropriations for the Panama Canal Commission or for The Alaska Railroad, as the case may be, instead of from the Employees’ Compensation Fund. The President may authorize the Panama Canal Commission and the general manager of The Alaska Railroad to pay the compensation provided by this subchapter, including medical, surgical, and hospital services and supplies under [section 8103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8103&num=0&edition=prelim) and the transportation and burial expenses under sections 8103 and 8134 of this title, from appropriations for the Panama Canal Commission and for The Alaska Railroad, and these appropriations shall be reimbursed for the payments by transfer of funds from the Employees’ Compensation Fund.
**(c)** The President may authorize the Panama Canal Commission to waive, at its discretion, the making of the claim required by [section 8121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8121&num=0&edition=prelim) in the case of compensation to an employee of the Panama Canal Commission for temporary disability, either total or partial.
**(d)** When administr
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8146
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Federal law — U.S. Code and appendices · legal_authorities
Page 943
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8121
tion] shall become effective 60 days from enactment
[Sept. 7, 1974] and be applicable to any injury occurring
on or after such effective date.’’
§ 8119. Notice of injury or death
An employee injured in the performance of his
duty, or someone on his behalf, shall give notice
thereof. Notice of a death believed to be related
to the employment shall be given by an eligible
beneficiary specified in section 8133 of this title,
or someone on his behalf. A notice of injury or
death shall—
(a) be given within 30 days after the injury
or death;
(b) be given to the immediate superior of the
employee by personal delivery or by depos-
iting it in the mail properly stamped and ad-
dressed;
(c) be in writing;
(d) state the name and address of the em-
ployee;
(e) state the year, month, day, and hour
when and the particular locality where the in-
jury or death occurred;
(f) state the cause and nature of the injury,
or, in the case of death, the employment fac-
tors believed to be the cause; and
(g) be signed by and contain the address of
the individual giving the notice.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 543; Pub. L.
93–416, § 12(a), Sept. 7, 1974, 88 Stat. 1146.)
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
(a) .............
5 U.S.C. 765.
Sept. 7, 1916, ch. 458, § 15, 39
Stat. 746.
5 U.S.C. 766.
Sept. 7, 1916, ch. 458, § 16, 39
Stat. 746.
(b) .............
5 U.S.C. 767.
Sept. 7, 1916, ch. 458, § 17, 39
Stat. 746.
Subsection (b)(2) is added on authority of former sec-
tion 770, which is carried into section 8122, to complete
the coverage of this section.
Administration of this subchapter was transferred to
the Secretary of Labor by sect
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 8121
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.