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5 U.S.C. § 8122 — Time for making claim

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8122 — Time for making claim

**(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

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Source location: Title 5, Chapter 81, § 8122; chapter-081-compensation-for-work-injuries.md

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8101 — Definitions

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

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8133&num=0&edition=prelim), 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 depositing it in the mail properly stamped and addressed; **(c)** be in writing; **(d)** state the name and address of the employee; **(e)** state the year, month, day, and hour when and the particular locality where the injury or death occurred; **(f)** state the cause and nature of the injury, or, in the case of death, the employment factors believed to be the cause; and **(g)** be signed by and contain the address of the individual giving the notice.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8103 — Medical services and initial medical and other benefits

**(a)** The United States shall furnish to an employee who is injured while in the performance of duty, the services, appliances, and supplies prescribed or recommended by a qualified physician, which the Secretary of Labor considers likely to cure, give relief, reduce the degree or the period of disability, or aid in lessening the amount of the monthly compensation. These services, appliances, and supplies shall be furnished— (1) whether or not disability has arisen; (2) notwithstanding that the employee has accepted or is entitled to receive benefits under subchapter III of chapter 83 of this title or another retirement system for employees of the Government; and (3) by or on the order of United States medical officers and hospitals, or, at the employee’s option, by or on the order of physicians and hospitals designated or approved by the Secretary. The employee may initially select a physician to provide medical services, appliances, and supplies, in accordance with such regulations and instructions as the Secretary considers necessary, and may be furnished necessary and reasonable transportation and expenses incident to the securing of such services, appliances, and supplies. These expenses, when authorized or approved by the Secretary, shall be paid from the Employees’ Compensation Fund. **(b)** The Secretary, under such limitations or conditions as he considers necessary, may authorize the employing agencies to provide for the initial furnishing of medical and other benefits under this section. The Secretary may certify vouchers for these expenses out of the Employees’ Compensation Fund when the immediate superior of the employee certifies that the expense was incurred in respect to an injury which was accepted by the employing agency as probably compensable u

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8121 — Claim

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

5 U.S.C. § 8122 — Time for making claim

Page 944 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8122 Editorial Notes AMENDMENTS 1974—Par. (3). Pub. L. 93–416 substituted ‘‘approved’’ for ‘‘furnished’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1974 AMENDMENT Amendment 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 SUP- PLY 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 Sec- retary pursuant to paragraph (1).’’ § 8122. Time for making claim (a) An original claim for compensation for dis- ability or death must be filed within 3 years after the injury or death. Compensation for dis- ability or death, including medical care in dis- ability 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 speci- fied in section 8119 of this title was given with- in 30 days. (b) In a case of latent disability, the time for filing claim does not begin to run until the em- plo

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