---
kind: "section"
citation: "5 U.S.C. § 8121"
title: "5"
title_heading: "Government Organization and Employees"
number: "8121"
heading: "Claim"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8121"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 81 — Compensation for Work Injuries"
  - "Subchapter I — Generally"
---

# §8121. Claim


[Compensation](/usc/5/8101.md?p=12) 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](/usc/5/8122.md);
- (2) be delivered to the [office](/usc/5/5402.md?p=3) of the [Secretary](/usc/5/9901.md?p=2) of Labor or to an individual whom the [Secretary](/usc/5/9901.md?p=2) may designate by regulation, or deposited in the mail properly stamped and addressed to the [Secretary](/usc/5/9901.md?p=2) or his designee;
- (3) be on a form approved by the [Secretary](/usc/5/9901.md?p=2);
- (4) contain all information required by the [Secretary](/usc/5/9901.md?p=2);
- (5) be sworn to by the individual entitled to [compensation](/usc/5/8101.md?p=12) or someone on his behalf; and
- (6) except in case of death, be accompanied by a certificate of the [physician](/usc/5/8101.md?p=2) of the [employee](/usc/5/8101.md?p=1) stating the nature of the [injury](/usc/5/8101.md?p=5) and the nature and probable extent of the disability.

The [Secretary](/usc/5/9901.md?p=2) may waive [paragraphs (3)](#3)–(6) of this section for reasonable cause shown.


## Source credit

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

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Derivation | U.S. Code | Revised Statutes and<br>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 Notes

### Amendments

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

### Statutory Notes and Related Subsidiaries

### 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.

### 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— amend section 10.121 of title 20, Code of Federal Regulations, or any successor regulation, by striking ‘30 days’ and inserting ‘60 days’; and modify the Federal Employees’ Compensation Act manual to reflect the changes made by the Secretary pursuant to paragraph (1).”