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. § 8121

Claim

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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;(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.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 543; Pub. L. 93–416, § 13, Sept. 7, 1974, 88 Stat. 1147.)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

5 U.S.C. 768.

Sept. 7, 1916, ch. 458, § 18, 39 Stat. 746.

 

5 U.S.C. 769.

Sept. 7, 1916, ch. 458, § 19, 39 Stat. 746.

The words “except as provided in section 788” in former section 768 are omitted as unnecessary as former section 788 dealt with recovery of overpayments after claims were made.

Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145).

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 NotesAmendments

1974—Par. (3). Pub. L. 93–416 substituted “approved” for “furnished”.

Statutory Notes and Related SubsidiariesEffective 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 Supply 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 Secretary pursuant to paragraph (1).”

Notes of Decisions
Cited in 15 cases (3 in the last 5 years), 1982–2025 · leading case: Bowling v. United States, 93 Fed. Cl. 551 (Fed. Cl. 2010).
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Bowling v. United States, 93 Fed. Cl. 551 (Fed. Cl. 2010). “5 U.S.C. § 8121 . Nevertheless, Mr. Bowling asserts that FECA provides a basis of subject matter jurisdiction.”
Gill v. United States, 471 F.3d 204 (1st Cir. 2006). “This case involves an effort to evade the presentment and exclusive jurisdiction provisions of the Federal Employees Compensation Act (FECA), 5 U.S.C. §§ 8121 , 8128, and bring suit directly in federal court under the Federal Tort Claims Act (FTCA), 28 U.”
Marshburn v. Postmaster Gen. of the United States, 678 F. Supp. 1182 (D. Maryland 1988). “5 U.S.C. § 8121 . Accordingly, the Court dismisses these claims.”
Wideman v. Watson, 617 F. App'x 891 (10th Cir. 2015). “Rather, injured federal employees seeking compensation from the United States must file a written claim with the Secretary of Labor, as provided in 5 U.S.C. § 8121 . And compensation under FECA is paid solely from the United States’ Treasury.”
Jackson v. United States, 242 F. App'x 698 (Fed. Cir. 2007). “Those claims are entrusted to the Secretary of Labor, see 5 U.S.C. § 8121 , and the Secretary’s decisions are not reviewable in federal court, “by mandamus or otherwise,” Thaxton v.”
TerKeurst v. United States, 549 F. Supp. 455 (W.D. Mich. 1982). · cites it 2× “5 U.S.C. § 8121 (1980) provides that “[c]ompensation under this subchapter may be allowed only if an individual or someone on his behalf makes claim therefor.”
Andrejko v. Sanders, 638 F. Supp. 449 (M.D. Penn. 1986). “Beyond the fact that this assertion is unresponsive to Defendant’s arguments and simply incorrect, we note that there is no evidence in the record that Plaintiff ever filed an administrative claim as mandated by 5 U.S.C. § 8121 , a subsection of the FECA.”
Lee v. United States, 41 Fed. Cl. 36 (Fed. Cl. 1998). “See 5 U.S.C. § 8121 (setting forth the requirements for filing a claim under the subchapter); 5 U.”
Manning v. McHugh (D.D.C. 2019). “The springboard for further inquiry is federal civilian Plaintiffs’ failure to prove that they actually sought compensation. “Compensation under [FECA] may be allowed only if an individual or someone on his behalf makes claim therefor” that is “delivered to the office of the…”
Rutherford v. United States, 295 F. Supp. 3d 1258 (N.D. Ala. 2017). “See 5 U.S.C. § 8121 ; see also , e.g. , Woodruff v.”
Johnson v. McDonough (W.D. Mich. 2024). “5 U.S.C. § 8121 . FECA further provides that the employee “shall submit to examination by a medical officer of the United States, or by a physician designated or approved by the Secretary of Labor, after the 1 https://www.”
Palmer v. United States Postal Serv. (D. Colo. 2025). “5 U.S.C. § 8121 . Only if the Secretary determines FECA does not apply, may Plaintiff’s action under the FTCA proceed here.”
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