Browse Arkansas Code titles and sections

5 U.S.C. § 8119 — Notice of injury or death

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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8119

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: ff8081bdc6d87a4f3ce75d6fd4f9e7e5e43b670b7ffa9b9ff29677e9c65a18e3. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_b2fa41f8c4b198b68f3fdd30
Source file: Laws/federal/codes/united-states-code/title-5/section-8119-notice-of-injury-or-death--630ce2361a.md
Pages: Not recorded – Not recorded
Passage SHA-256: f12c78d0efbe1a559a3fc39e799cec55415ce341be02f729312b89bb2afc4c6d

Source location: Title 5, Chapter 81, § 8119; chapter-081-compensation-for-work-injuries.md

Stored source content

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

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

5 U.S.C. § 8133 — Compensation in case of death

**(a)** If death results from an injury sustained in the performance of duty, the United States shall pay a monthly compensation equal to a percentage of the monthly pay of the deceased employee in accordance with the following schedule: (1) To the widow or widower, if there is no child, 50 percent. (2) To the widow or widower, if there is a child, 45 percent and in addition 15 percent for each child not to exceed a total of 75 percent for the widow or widower and children. (3) To the children, if there is no widow or widower, 40 percent for one child and 15 percent additional for each additional child not to exceed a total of 75 percent, divided among the children share and share alike. (4) To the parents, if there is no widow, widower, or child, as follows— (A) 25 percent if one parent was wholly dependent on the employee at the time of death and the other was not dependent to any extent; (B) 20 percent to each if both were wholly dependent; or (C) a proportionate amount in the discretion of the Secretary of Labor if one or both were partly dependent. If there is a widow, widower, or child, so much of the percentages are payable as, when added to the total percentages payable to the widow, widower, and children, will not exceed a total of 75 percent. (5) To the brothers, sisters, grandparents, and grandchildren, if there is no widow, widower, child, or dependent parent, as follows— (A) 20 percent if one was wholly dependent on the employee at the time of death; (B) 30 percent if more than one was wholly dependent, divided among the dependents share and share alike; or (C) 10 percent if no one is wholly dependent but one or more is partly dependent, divided among the dependents share and share alike. If there is a widow, widower, child, or de

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8133

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8101

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8122

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

5 U.S.C. § 8119 — Notice of injury or death

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. § 8119

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.