Collapse to view only § 8132. Adjustment after recovery from a third person
- § 8101. Definitions
- § 8102. Compensation for disability or death of employee
- § 8102a. Death gratuity for injuries incurred in connection with employee’s service with an Armed Force
- § 8103. Medical services and initial medical and other benefits
- § 8104. Vocational rehabilitation
- § 8105. Total disability
- § 8106. Partial disability
- § 8107. Compensation schedule
- § 8108. Reduction of compensation for subsequent injury to same member
- § 8109. Beneficiaries of awards unpaid at death; order of precedence
- § 8110. Augmented compensation for dependents
- § 8111. Additional compensation for services of attendants or vocational rehabilitation
- § 8112. Maximum and minimum monthly payments
- § 8113. Increase or decrease of basic compensation
- § 8114. Computation of pay
- § 8115. Determination of wage-earning capacity
- § 8116. Limitations on right to receive compensation
- § 8117. Time of accrual of right
- § 8118. Continuation of pay; election to use annual or sick leave
- § 8119. Notice of injury or death
- § 8120. Report of injury
- § 8121. Claim
- § 8122. Time for making claim
- § 8123. Physical examinations
- § 8124. Findings and award; hearings
- § 8125. Misbehavior at proceedings
- § 8126. Subpenas; oaths; examination of witnesses
- § 8127. Representation; attorneys’ fees
- § 8128. Review of award
- § 8129. Recovery of overpayments
- § 8130. Assignment of claim
- § 8131. Subrogation of the United States
- § 8132. Adjustment after recovery from a third person
- § 8133. Compensation in case of death
- § 8134. Funeral expenses; transportation of body
- § 8135. Lump-sum payment
- § 8136. Initial payments outside the United States
- § 8137. Compensation for noncitizens and nonresidents
- § 8138. Minimum limit modification for noncitizens and aliens
- § 8139. Employees of the District of Columbia
- § 8140. Members of the Reserve Officers’ Training Corps
- § 8141. Civil Air Patrol volunteers
- § 8142. Peace Corps volunteers
- § 8143. Job Corps enrollees; volunteers in service to America
- § 8143a. Members of the National Teacher Corps
- § 8143b. Employees in fire protection activities
- § 8144. Student-employees
- § 8145. Administration
- § 8146. Administration for the Panama Canal Commission and The Alaska Railroad
- § 8146a. Cost-of-living adjustment of compensation
- § 8147. Employees’ Compensation Fund
- § 8148. Forfeiture of benefits by convicted felons
- § 8149. Regulations
- § 8150. Effect on other statutes
- § 8151. Civil service retention rights
- § 8152. Annual report
An assignment of a claim for compensation under this subchapter is void. Compensation and claims for compensation are exempt from claims of creditors.
If an injury or death for which continuation of pay or compensation is payable under this subchapter is caused under circumstances creating a legal liability in a person other than the United States to pay damages, and a beneficiary entitled to continuation of pay or compensation from the United States for that injury or death receives money or other property in satisfaction of that liability as the result of suit or settlement by him or on his behalf, the beneficiary, after deducting therefrom the costs of suit and a reasonable attorney’s fee, shall refund to the United States the amount of continuation of pay or compensation paid by the United States and credit any surplus on future payments of compensation payable to him for the same injury. No court, insurer, attorney, or other person shall pay or distribute to the beneficiary or his designee the proceeds of such suit or settlement without first satisfying or assuring satisfaction of the interest of the United States. The amount refunded to the United States shall be credited to the Employees’ Compensation Fund. If continuation of pay or compensation has not been paid to the beneficiary, the money or property shall be credited against continuation of pay or compensation payable to him by the United States for the same injury. However, the beneficiary is entitled to retain, as a minimum, at least one-fifth of the net amount of the money or other property remaining after the expenses of a suit or settlement have been deducted; and in addition to this minimum and at the time of distribution, an amount equivalent to a reasonable attorney’s fee proportionate to the refund to the United States.
If an employee is injured outside the continental United States, the Secretary of Labor may arrange and provide for initial payment of compensation and initial furnishing of other benefits under this subchapter by an employee or agent of the United States designated by the Secretary for that purpose in the locality in which the employee was employed or the injury occurred.
Compensation awarded to an employee of the government of the District of Columbia shall be paid in the manner provided by statute for the payment of the general expenses of the government of the District of Columbia.
A student-employee as defined by section 5351 of this title who suffers disability or death as a result of personal injury arising out of and in the course of training, or incurred in the performance of duties in connection with that training, is considered for the purpose of this subchapter an employee who incurred the injury in the performance of duty.
The Secretary of Labor may prescribe rules and regulations necessary for the administration and enforcement of this subchapter including rules and regulations for the conduct of hearings under section 8124 of this title. The rules and regulations shall provide for an Employees’ Compensation Appeals Board of three individuals designated or appointed by the Secretary with authority to hear and, subject to applicable law and the rules and regulations of the Secretary, make final decisions on appeals taken from determinations and awards with respect to claims of employees. In adjudicating claims under section 8146 of this title, the Secretary may determine the nature and extent of the proof and evidence required to establish the right to benefits under this subchapter without regard to the date of injury or death for which claim is made.
The Secretary of Labor shall, at the end of each fiscal year, prepare a report with respect to the administration of this chapter. Such report shall be submitted to Congress in accordance with the requirement with respect to submission under section 42 of the Longshore 1