U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart G— Insurance and Annuities › Chapter CHAPTER 81— COMPENSATION FOR WORK INJURIES › Subchapter SUBCHAPTER I— GENERALLY

5 U.S.C. § 8102

Compensation for disability or death of employee

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(a) The United States shall pay compensation as specified by this subchapter for the disability or death of an employee resulting from personal injury sustained while in the performance of his duty, unless the injury or death is—(1) caused by willful misconduct of the employee;(2) caused by the employee’s intention to bring about the injury or death of himself or of another; or(3) proximately caused by the intoxication of the injured employee.(b) Disability or death from a war-risk hazard or during or as a result of capture, detention, or other restraint by a hostile force or individual, suffered by an employee who is employed outside the continental United States or in Alaska or in the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979), is deemed to have resulted from personal injury sustained while in the performance of his duty, whether or not the employee was engaged in the course of employment when the disability or disability resulting in death occurred or when he was taken by the hostile force or individual. This subsection does not apply to an individual—(1) whose residence is at or in the vicinity of the place of his employment and who was not living there solely because of the exigencies of his employment, unless he was injured or taken while engaged in the course of his employment; or(2) who is a prisoner of war or a protected individual under the Geneva Conventions of 1949 and is detained or utilized by the United States.This subsection does not affect the payment of compensation under this subchapter derived otherwise than under this subsection, but compensation for disability or death does not accrue for a period for which pay, other benefit, or gratuity from the United States accrues to the disabled individual or his dependents on account of detention by the enemy or because of the same disability or death, unless that pay, benefit, or gratuity is refunded or renounced.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 534; Pub. L. 96–70, title I, § 1231(d), Sept. 27, 1979, 93 Stat. 470.)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

5 U.S.C. 751.

Sept. 7, 1916, ch. 458, § 1, 39 Stat. 742.

Aug. 8, 1958, Pub. L. 85–608, § 301, 72 Stat. 538.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial NotesReferences in Text

Section 3(a) of the Panama Canal Act of 1979, referred to in subsec. (b), is classified to section 3602(a) of Title 22, Foreign Relations and Intercourse.

Amendments

1979—Subsec. (b). Pub. L. 96–70 substituted “areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979)” for “Canal Zone”.

Statutory Notes and Related SubsidiariesEffective Date of 1979 Amendment

Amendment by Pub. L. 96–70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96–70, set out as an Effective Date note under section 3601 of Title 22, Foreign Relations and Intercourse.

Notes of Decisions
Cited in 227 cases (42 in the last 5 years), 1967–2026 · leading case: Brown v. Perez, 835 F.3d 1223 (10th Cir. 2016).
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Brown v. Perez, 835 F.3d 1223 (10th Cir. 2016). “See Federal Employees’ Compensation Act, (“FECA”), 5 U.S.C. §§ 8102 (a), 8103(a), 8133. The relevant federal workers compensation program is administered by the OWC, a subdivision of the Department of Labor.”
Marilyn Moe v. United States, 326 F.3d 1065 (9th Cir. 2003). · cites it 3× “5 U.S.C. § 8102 (a) (2001). 3 . 5 U.S.C. § 8145 .”
Franklin v. Potter, 600 F. Supp. 2d 38 (D.D.C. 2009). “at 868 (citing 5 U.S.C. § 8102 , 39 U.S.C. § 1005 (c), and 20 C.”
Patricia Wise v. Robert Wilkie, Sec'y, 955 F.3d 430 (5th Cir. 2020). “5 U.S.C.A. § 8102 (a). The Secretary of Labor through his designee, the Director of the Office of Workers’ Compensation Programs, administers and implements the Act.”
Michael Bruni Ii, Individually & as Adm'r of the Est. of Lisa M. Bruni v. United States of Am., 964 F.2d 76 (1st Cir. 1992). · cites it 3× “LEGAL ANALYSIS The Federal Employees Compensation Act The Federal Employees Compensation Act, (“FECA”), 5 U.”
Annamma A. Ezekiel & Al Ezekiel v. Jaime T. Michel & United States of Am., 66 F.3d 894 (7th Cir. 1995). “See 5 U.S.C. § 8102 (a) (“The United States shall pay compensation .”
Ann Farley Donna L. Rambo Cynthia Lee Shanklin v. United States, 162 F.3d 613 (10th Cir. 1998). · cites it 3× “” 5 U.S.C. § 8102 (a). An injury occurs “in the performance of duty” if it arises out of and in the course of employment.”
Tippetts v. United States, 308 F.3d 1091 (10th Cir. 2002). · cites it 2× “Intentional Infliction of Emotional Distress The Federal Employees’ Compensation Act is a workers’ compensation plan for federal government employees. 20 C.F.R. § 10.”
Gill v. United States, 471 F.3d 204 (1st Cir. 2006). · cites it 2× “” 2 5 U.S.C. § 8102 (a). Liability under FECA is “exclusive and instead of all other liability of the United States .”
Max Leroy McDaniel v. United States, 970 F.2d 194 (6th Cir. 1992). · cites it 2× “” 5 U.S.C. § 8102 . To the extent that the term is potentially relevant here, the definition of an “injury” is more specifically limited to “injury by accident” or by “a disease proximately caused by the employment.”
White v. United States, 143 F.3d 232 (5th Cir. 1998). · cites it 2× “” 5 U.S.C. § 8102 (a). For injuries within its coverage, FECA’s remedy is exclusive of any other remedy, including the FTCA.”
Newman v. Dist. of Columbia, 518 A.2d 698 (D.C. 1986). · cites it 2× “2 (1981) (Merit Personnel Act) with 5 U.S.C. § 8102 (1982) (FECA). The Merit Personnel Act and FECA also contain an identical provision excluding certain common law remedies against the government for disabilities within the compensation scheme.”
Show all 227 citing cases →
— 5 U.S.C. § 8102(a) — 3 cases
Dubee v. Henderson, 56 F. Supp. 2d 430 (D. Vt. 1999).
Bullock v. Dep't of Vets. AffairsJohn J. Pershing VA Med. Ctr. (E.D. Mo. 2025).
Hanauer v. Reich, Sec (4th Cir. 1996).
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