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42 U.S.C. § 239e — Compensation for lost employment income
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Subject to the succeeding provisions of this section, the Secretary shall provide compensation to an eligible individual for loss of employment income (based on such income at the time of injury) incurred as a result of a covered injury, at the rate specified in subsection (b).
**(b) Amount of compensation**
(1) **In general** — Compensation under subsection (a) shall be at the rate of 66⅔ percent of the relevant pay period (weekly, monthly, or otherwise), except as provided in paragraph (2).
(2) **Augmented compensation for dependents** — If an eligible individual has one or more dependents, the basic compensation for loss of employment income as described in paragraph (1) shall be augmented at the rate of 8⅓ percent.
(3) **Consideration of other programs**
(A) *In general* — The Secretary may consider the provisions of sections 8114, 8115, and 8146a of title 5, and any implementing regulations, in determining the amount of payment under subsection (a) and the circumstances under which such payments are reasonable and necessary.
(B) *Minors* — With respect to an eligible individual who is a minor, the Secretary may consider the provisions of [section 8113 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8113&num=0&edition=prelim), and any implementing regulations, in determining the amount of payment under subsection (a) and the circumstances under which such payments are reasonable and necessary.
(4) **Treatment of self-employment income** — For purposes of this section, the term “employment income” includes income from self-employment.
**(c) Limitations**
(1) **Benefits secondary to other coverage**
(A) *In general* — Any compensation under subsection (a) shall be secondary to the obligation of
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Source file: Laws/federal/codes/united-states-code/title-42/section-239e-compensation-for-lost-employment-income--c50be49778.md
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Source location: Title 42, Chapter 6A, § 239e; chapter-6a-public-health-service.md
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**(a) In general** Subject to the succeeding provisions of this section, the Secretary shall provide compensation to an eligible individual for loss of employment income (based on such income at the time of injury) incurred as a result of a covered injury, at the rate specified in subsection (b).
**(b) Amount of compensation**
(1) **In general** — Compensation under subsection (a) shall be at the rate of 66⅔ percent of the relevant pay period (weekly, monthly, or otherwise), except as provided in paragraph (2).
(2) **Augmented compensation for dependents** — If an eligible individual has one or more dependents, the basic compensation for loss of employment income as described in paragraph (1) shall be augmented at the rate of 8⅓ percent.
(3) **Consideration of other programs**
(A) *In general* — The Secretary may consider the provisions of sections 8114, 8115, and 8146a of title 5, and any implementing regulations, in determining the amount of payment under subsection (a) and the circumstances under which such payments are reasonable and necessary.
(B) *Minors* — With respect to an eligible individual who is a minor, the Secretary may consider the provisions of [section 8113 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8113&num=0&edition=prelim), and any implementing regulations, in determining the amount of payment under subsection (a) and the circumstances under which such payments are reasonable and necessary.
(4) **Treatment of self-employment income** — For purposes of this section, the term “employment income” includes income from self-employment.
**(c) Limitations**
(1) **Benefits secondary to other coverage**
(A) *In general* — Any compensation under subsection (a) shall be secondary to the obligation of the United States or any third party (including any State or local governmental entity, private insurance carrier, or employer), under any other law or contractual agreement, to pay compensation for loss of employment income or to provide disability or retirement benefits.
(B) *Relation to other obligations* — Compensation under subsection (a) shall not be made to an eligible individual to the extent that the total of amounts paid to the individual under such subsection and under the other obligations referred to in subparagraph (A) is an amount that exceeds the rate specified in subsection (b)(1). If under any such other obligation a lump-sum payment is made, such payment shall, for purposes of this paragraph, be deemed to be received over multiple years rather than received in a single year. The Secretary may, in the discretion of the Secretary, determine how to apportion such payment over multiple years.
(2) **No benefits in case of death** — No payment shall be made under subsection (a) in compensation for loss of employment income subsequent to the receipt, by the survivor or survivors of an eligible individual, of benefits under [section 239e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section239e&num=0&edition=prelim) for death.
(3) **Limit on total benefits**
(A) *In general* — Except as provided in subparagraph (B)—
(i) total compensation paid to an individual under subsection (a) shall not exceed $50,000 for any year; and
(ii) the lifetime total of such compensation for the individual may not exceed an amount equal to the amount authorized to be paid under [section 239e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section239e&num=0&edition=prelim).
(B) *Permanent and total disability* — The limitation under subparagraph (A)(ii) does not apply in the case of an eligible individual who is determined to have a covered injury or injuries meeting the definition of disability in [section 416(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section416/i&num=0&edition=prelim).
(4) **Waiting period**
(A) *In general* — Except as provided in subparagraph (B), an eligible individual shall not be provided compensation under this section for the first 5 work days of loss of employment income.
(B) *Exception* — Subparagraph (A) does not apply if the period of loss of employment income of an eligible individual is 10 or more work days.
(5) **Termination of benefits** — No payment shall be made under subsection (a) in compensation for loss of employment income once the eligible individual involves 11 So in original. Probably should be “involved”. reaches the age of 65.
**(d) Benefit in addition to medical benefits** A benefit under subsection (a) shall be in addition to any amounts received by an eligible individual under [section 239c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section239c&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) 11 So in original. No subsec. (b) has been enacted. Smallpox vaccine injury table**
(1) **Establishment required** — The Secretary shall establish by interim final regulation a table identifying adverse effects (including injuries, disabilities, illnesses, conditions, and deaths) that shall be presumed to result from the administration of (or exposure to) a smallpox vaccine, and the time period in which the first symptom or manifestation of onset of each such adverse effect must manifest in order for such presumption to apply.
(2) **Amendments** — The Secretary may by regulation amend the table established under paragraph (1). An amendment to the table takes effect on the date of the promulgation of the final rule that makes the amendment, and applies to all requests for benefits or compensation under this part that are filed on or after such date or are pending as of such date. In addition, the amendment applies retroactively to an individual who was not with respect to the injury involved an eligible individual under the table as in effect before the amendment but who with respect to such injury is an eligible individual under the table as amended. With respect to a request for benefits or compensation under this part by an individual who becomes an eligible individual as described in the preceding sentence, the Secretary may not provide such benefits or compensation unless the request (or amendment to a request, as applicable) is filed before the expiration of one year after the effective date of the amendment to the table in the case of an individual to whom the vaccine was administered and before the expiration of two years after such effective date in the case of a request based on accidental vaccinia inoculation.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 239c
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** If an individual—
(1) was a minor or employed in a learner’s capacity at the time of injury; and
(2) was not physically or mentally handicapped before the injury;
the Secretary of Labor, on review under [section 8128 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8128&num=0&edition=prelim) after the time the wage-earning capacity of the individual would probably have increased but for the injury, shall recompute prospectively the monetary compensation payable for disability on the basis of an assumed monthly pay corresponding to the probable increased wage-earning capacity.
**(b)** If an individual without good cause fails to apply for and undergo vocational rehabilitation when so directed under [section 8104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8104&num=0&edition=prelim), the Secretary, on review under [section 8128 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8128&num=0&edition=prelim) and after finding that in the absence of the failure the wage-earning capacity of the individual would probably have substantially increased, may reduce prospectively the monetary compensation of the individual in accordance with what would probably have been his wage-earning capacity in the absence of the failure, until the individual in good faith complies with the direction of the Secretary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8113
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall establish procedures for determining, as applicable with respect to an individual—
(1) whether the individual is an eligible individual;
(2) whether an eligible individual has sustained a covered injury or injuries for which medical benefits or compensation may be available under sections 239c and 239d of this title, and the amount of such benefits or compensation; and
(3) whether the covered injury or injuries of an eligible individual caused the individual’s death for purposes of benefits under [section 239e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section239e&num=0&edition=prelim).
**(b) Covered individuals** The Secretary may accept a certification, by a Federal, State, or local government entity or private health care entity participating in the administration of covered countermeasures under the Declaration, that an individual is a covered individual.
**(c) Criteria for reimbursement**
(1) **Injuries specified in injury table** — In any case where an injury or other adverse effect specified in the injury table established under [section 239b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section239b&num=0&edition=prelim) as a known effect of a vaccine manifests in an individual within the time period specified in such table, such injury or other effect shall be presumed to have resulted from administration of such vaccine.
(2) **Other determinations** — In making determinations other than those described in paragraph (1) as to the causation or severity of an injury, the Secretary shall employ a preponderance of the evidence standard and take into consideration all relevant medical and scientific evidence presented for consideration, and may
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 239b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Fund** Upon the issuance by the Secretary of a declaration under [section 247d–6d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d–6d/b&num=0&edition=prelim), there is hereby established in the Treasury an emergency fund designated as the “Covered Countermeasure Process Fund” for purposes of providing timely, uniform, and adequate compensation to eligible individuals for covered injuries directly caused by the administration or use of a covered countermeasure pursuant to such declaration, which Fund shall consist of such amounts designated as emergency appropriations under section 402 of H. Con. Res. 95 of the 109th Congress, this emergency designation shall remain in effect through October 1, 2006.
**(b) Payment of compensation**
(1) **In general** — If the Secretary issues a declaration under 247d–6d(b) of this title, the Secretary shall, after amounts have by law been provided for the Fund under subsection (a), provide compensation to an eligible individual for a covered injury directly caused by the administration or use of a covered countermeasure pursuant to such declaration.
(2) **Elements of compensation** — The compensation that shall be provided pursuant to paragraph (1) shall have the same elements, and be in the same amount, as is prescribed by sections 239c, 239d, and 239e of this title in the case of certain individuals injured as a result of administration of certain countermeasures against smallpox, except that [section 239e(a)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section239e/a/2/B&num=0&edition=prelim) shall not apply.
(3) **Rule of construction** — Neither reasonable and necessary medical benefits nor lifetime total benefits
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 247d–6e
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Federal law — U.S. Code and appendices · legal_authorities
Page 129
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 239e
1 So in original. Probably should be ‘‘involved’’.
1 See References in Text note below.
mining the amount of payment under sub-
section (a) and the circumstances under
which such payments are reasonable and
necessary.
(B) Minors
With respect to an eligible individual who
is a minor, the Secretary may consider the
provisions of section 8113 of title 5, and any
implementing regulations, in determining
the amount of payment under subsection (a)
and the circumstances under which such
payments are reasonable and necessary.
(4) Treatment of self-employment income
For purposes of this section, the term ‘‘em-
ployment income’’ includes income from self-
employment.
(c) Limitations
(1) Benefits secondary to other coverage
(A) In general
Any compensation under subsection (a)
shall be secondary to the obligation of the
United States or any third party (including
any State or local governmental entity, pri-
vate insurance carrier, or employer), under
any other law or contractual agreement, to
pay compensation for loss of employment in-
come or to provide disability or retirement
benefits.
(B) Relation to other obligations
Compensation under subsection (a) shall
not be made to an eligible individual to the
extent that the total of amounts paid to the
individual under such subsection and under
the other obligations referred to in subpara-
graph (A) is an amount that exceeds the rate
specified in subsection (b)(1). If under any
such other obligation a lump-sum payment
is made, such payment shall, for purposes of
this paragraph, be deemed to be received
over multiple years rather than received in
a single year. The Secretary may, in the dis-
cretion of the Secretary, determine how to
apportion
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 239e
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.