
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8122]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
               CHAPTER 81--COMPENSATION FOR WORK INJURIES
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 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 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, Sec. 1(57), 
Sept. 11, 1967, 81 Stat. 210; Pub. L. 93-416, Sec. 14, Sept. 7, 1974, 88 
Stat. 1147.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 770.                 Sept. 7, 1916, ch.
                                                    458, Sec.  20, 39
                                                    Stat. 747.
                     ............................  June 13, 1922, ch.
                                                    219, 42 Stat. 650.
                     ............................  July 28, 1945, ch.
                                                    328, Sec.  1, 59
                                                    Stat. 503.
                     ............................  Sept. 13, 1960, Pub.
                                                    L. 86-767, Sec.
                                                    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
------------------------------------------------------------------------
                                                    Source (Statutes at
 Section of title 5       Source (U.S. Code)               Large)
------------------------------------------------------------------------
8122(b), (d).......  5 App.: 770.                  July 4, 1966, Pub. L.
                                                    89-488, Sec.  9, 80
                                                    Stat. 254.
------------------------------------------------------------------------

                               Amendments

    1974--Subsec. (a). Pub. L. 93-416, Sec. 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, Sec. 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, Sec. 14(3), substituted ``(a) and (b)'' 
for ``(a)-(c)'', and added cl. (3).


                    Effective 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 8118, 8121 of this title.
