--- kind: "section" citation: "42 U.S.C. § 239d" title: "42" title_heading: "The Public Health and Welfare" number: "239d" heading: "Compensation for lost employment income" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/239d" units: - "Chapter 6A — Public Health Service" - "Subchapter I — Administration and Miscellaneous Provisions" - "Part C — Smallpox Emergency Personnel Protection" --- # §239d. Compensation for lost employment income - (a) **In general—** Subject to the succeeding provisions of this section, the [Secretary](/usc/42/201.md?p=c) shall provide compensation to an eligible individual for loss of employment income (based on such income at the time of injury) incurred as a result of a covered injury, at the rate specified in [subsection (b)](#b). - (b) **Amount of compensation—** - (1) **In general—** Compensation under [subsection (a)](#a) shall be at the rate of 66⅔ percent of the relevant pay period (weekly, monthly, or otherwise), except as provided in [paragraph (2)](#b-2). - (2) **Augmented compensation for dependents—** If an eligible individual has one or more dependents, the basic compensation for loss of employment income as described in [paragraph (1)](#b-1) shall be augmented at the rate of 8⅓ percent. - (3) **Consideration of other programs—** - (A) **In general—** The [Secretary](/usc/42/201.md?p=c) may consider the provisions of sections [8114](/usc/5/8114.md), [8115](/usc/5/8115.md), and [8146a](/usc/5/8146a.md) of title 5, and any implementing [regulations](/usc/42/201.md?p=d), in determining the amount of payment under [subsection (a)](#a) and the circumstances under which such payments are reasonable and necessary. - (B) **Minors—** With respect to an eligible individual who is a minor, the [Secretary](/usc/42/201.md?p=c) may consider the provisions of [section 8113 of title 5](/usc/5/8113.md), and any implementing [regulations](/usc/42/201.md?p=d), in determining the amount of payment under [subsection (a)](#a) and the circumstances under which such payments are reasonable and necessary. - (4) **Treatment of self-employment income—** For purposes of this section, the term “employment income” includes income from self-employment. - (c) **Limitations—** - (1) **Benefits secondary to other coverage—** - (A) **In general—** Any compensation under [subsection (a)](#a) shall be secondary to the obligation of the United States or any third party (including any [State](/usc/42/201.md?p=f) or local governmental entity, private insurance carrier, or [employer](/usc/42/300gg–91.md?p=d-6)), under any other law or contractual agreement, to pay compensation for loss of employment income or to provide disability or retirement benefits. - (B) **Relation to other obligations—** Compensation under [subsection (a)](#a) shall not be made to an eligible individual to the extent that the total of amounts paid to the individual under such subsection and under the other obligations referred to in [subparagraph (A)](#c-1-A) is an amount that exceeds the rate specified in [subsection (b)(1)](#b-1). If under any such other obligation a lump-sum payment is made, such payment shall, for purposes of this paragraph, be deemed to be received over multiple years rather than received in a single year. The [Secretary](/usc/42/201.md?p=c) may, in the discretion of the [Secretary](/usc/42/201.md?p=c), determine how to apportion such payment over multiple years. - (2) **No benefits in case of death—** No payment shall be made under [subsection (a)](#a) in compensation for loss of employment income subsequent to the receipt, by the survivor or survivors of an eligible individual, of benefits under [section 239e of this title](/usc/42/239e.md) for death. - (3) **Limit on total benefits—** - (A) **In general—** Except as provided in [subparagraph (B)](#c-3-B)— - (i) total compensation paid to an individual under [subsection (a)](#a) shall not exceed $50,000 for any year; and - (ii) the lifetime total of such compensation for the individual may not exceed an amount equal to the amount authorized to be paid under [section 239e of this title](/usc/42/239e.md). - (B) **Permanent and total disability—** The limitation under [subparagraph (A)(ii)](#c-3-A-ii) does not apply in the case of an eligible individual who is determined to have a covered injury or injuries meeting the definition of disability in [section 416(i) of this title](/usc/42/416.md?p=i). - (4) **Waiting period—** - (A) **In general—** Except as provided in [subparagraph (B)](#c-4-B), an eligible individual shall not be provided compensation under this section for the first 5 work days of loss of employment income. - (B) **Exception—** [Subparagraph (A)](#c-4-A) does not apply if the period of loss of employment income of an eligible individual is 10 or more work days. - (5) **Termination of benefits—** No payment shall be made under [subsection (a)](#a) in compensation for loss of employment income once the eligible individual involves[^1] reaches the age of 65. - (d) **Benefit in addition to medical benefits—** A benefit under [subsection (a)](#a) shall be in addition to any amounts received by an eligible individual under [section 239c of this title](/usc/42/239c.md). ## Footnotes [^1]: So in original. Probably should be “involved”. ## Source credit (July 1, 1944, ch. 373, title II, § 265, as added Pub. L. 108–20, § 2, Apr. 30, 2003, 117 Stat. 642.)