5 U.S.C. § 8122

Time for making claim

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(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 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 ground that such notice could not be given because of exceptional circumstances.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 544; Pub. L. 90–83, § 1(57), Sept. 11, 1967, 81 Stat. 210; Pub. L. 93–416, § 14, Sept. 7, 1974, 88 Stat. 1147.)

Historical and Revision Notes
1966 Act
Derivation	U.S. Code	Revised Statutes and Statutes at Large
	5 U.S.C. 770.	Sept. 7, 1916, ch. 458, § 20, 39 Stat. 747.
		June 13, 1922, ch. 219, 42 Stat. 650.
		July 28, 1945, ch. 328, § 1, 59 Stat. 503.
		Sept. 13, 1960, Pub. L. 86–767, § 205, 74 Stat. 908.

The last sentence of the Act of June 13, 1922, 42 Stat. 650, is omitted as obsolete.

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.

1967 Act
Section of title 5	Source (U.S. Code)	Source (Statutes at Large)
8122(b), (d)	5 App.: 770.	July 4, 1966, Pub. L. 89–488, § 9, 80 Stat. 254.

Editorial NotesAmendments

1974—Subsec. (a). Pub. L. 93–416, § 14(1), substituted provisions requiring filing of claims for compensation within three years after death or disability, and setting forth conditions for waiver of filing within required time periods, for provisions requiring claim for death to be made within one year after death and for disability to be made within 60 days after injury and authorizing extension of time for good cause.

Subsec. (c). Pub. L. 93–416, § 14(2), substituted provisions relating to timeliness of claim for death when claim for injury was timely filed and death was based on same injury, for provisions relating to waiver of compliance with requirements for giving notice of injury and filing claim for compensation.

Subsec. (d). Pub. L. 93–416, § 14(3), substituted “(a) and (b)” for “(a)–(c)”, and added cl. (3).

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.

Personnel Not Affected by 1967 Increase

Increases authorized under amendment by section 1(57) of Pub. L. 90–83 not applicable to specified personnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1973–2024 · leading case: Chardon v. Fumero Soto, 462 U.S. 650 (1983).

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Chardon v. Fumero Soto, 462 U.S. 650 (1983). · cites it 2× “, 5 U. S. C. § 8122 (d) (limitations period does not "run against an incompetent individual while he is incompetent"); 19 U.”

Tippetts v. United States, 308 F.3d 1091 (10th Cir. 2002). “5 U.S.C. § 8122 (a) (requiring claims to be filed within three years after injury).”

Gill v. United States, 471 F.3d 204 (1st Cir. 2006). “The record indicates that Gill failed to file a FECA claim within the three-year period provided by 5 U.S.C. § 8122 (a). 2 . There are exceptions to coverage if the injury or death is "(1) caused by willful misconduct of the employee; (2) caused by the employee’s intention to…”

John A. Concordia v. The United States Postal Serv., an Exec. Sub-Div. of the United States of Am., 581 F.2d 439 (5th Cir. 1978). “5 U.S.C.A. § 8122 (a) (as it stood when appellant filed his claim): (a) An original claim for compensation— (1) for death shall be made within 1 year after the death; and (2) for disability shall be made within 60 days after the injury.”

Greenbaum v. United States, 360 F. Supp. 784 (E.D. Pa. 1973). “5 U.S.C. § 8122 provides in relevant part: (a) An original claim for compensation (2) for disability shall be made within 60 days after the injury.”

Eure v. United States Postal Serv., 711 F. Supp. 1365 (S.D. Miss. 1989). “13 However, this court does not presume to speak for the Secretary who it appears may waive the time limits pursuant to 5 U.S.C. § 8122 (d)(3). 14 Should the Secretary waive the statute of limitation and determine that the FECA provides the exclusive remedy for Carlisle’s…”

Dist. of Columbia Employees' Comp. Appeals Bd. v. Henry, 516 A.2d 941 (D.C. 1986). “See 5 U.S.C. § 8122 (c) (1970), which allowed waiver of the time requirement in certain circumstances.”

John A. Concordia v. The United States Postal Serv., an Exec. Sub-Div. of the United States of Am., 585 F.2d 731 (5th Cir. 1978). “This is not a determination by the Secretary after he has potentially lost all power over the case, for our holding is that he must determine whether the FTCA or FECA covers this claim.”

Rutherford v. United States, 295 F. Supp. 3d 1258 (N.D. Ala. 2017). · cites it 2× “94 A claim for FECA benefits must be filed within three years of the injury or death, see 5 U.S.C. § 8122 (a), although an untimely claim may be allowed if the employee's "immediate superior had actual knowledge of the injury or death within 30 days" of the event giving rise to…”

Webster, Sr. v. Austin (E.D. Va. 2024). · cites it 2× “6 See 5 U.S.C. § 8122 (a) (“An original claim for compensation for disability or death must be filed within 3 years after the injury or death.”

Gintel v. United States, 229 Ct. Cl. 490 (Ct. Cl. 1981). “5 U.S.C. § 8122 (1976). Plaintiff, therefore, has no remedy in this court.”

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