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Summary 
Chapter 12, Title 42 
United States Code Annotated 
Compensation for Injury, Death or Detention of Employees of Contractors 
With the United States Outside the United States 
1. 
In cases of injury or death resulting from injury: 
a. 
To any person employed by a contractor (Tab A) with the 
United States if such employee is engaged in a type of employment 
as is covered by the ''Longshoreman's and Harbour Workers! 
Compensation Act" (Title 4281651 USCA) (Tab B) and no compensa- 
tion is payable with respect to injury or death under such employ- 
ment. 
b. 
To any person engaged by the United States under a contract 
for his personal services outside the United States or in Hawaii, 
Alaska, Puerto Rico, or the Virgin Islands; or 
c. 
To any person employed as a civilian employee of a post 
exchange or ship-service store outside the United States or in 
Hawaii, Alaska, Puerto Rico, or the Virgin Islands. 
and such injury proximately results from a war-risk hazard (Tab A), 
whether or not the person was then actually engaged in the course of his 
employment, the provision of the Federal Employees! Compensation Act 
(Title 5 751-756, 757-781, 783-791 and 793 USCA, with some modification) 
will apply to the same extent as if the person so employed was a civil 
employee of the United States and was injured while in performance of his 
duty and any compensation due would be paid from the Compensation fund. 
2. 
Any person specified in paragraph 1 above who-- 
a. 
Is found to be missing from his place of employment, 
whether or not such person then actually was engaged in the course 
of his employment, under circumstances, supporting an inference 
that his absence is due to the billigerent action of any enemy; or 
b. 
Is known to have been taken by an enemy as a prisoner, 
hostage, or otherwise, or 
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c. 
Is not returned to his home or to the place where he was 
employed by reason of the failure of the United States or its contractor 
to furnish transportation, 
until such time as he is returned to his home, to the place of his employment, 
or is able to be returned to the jurisdiction of the United States, shall, under 
such regulations as the Secretary of Labor may present, be regarded solely 
for the purposes of this subsection as totally disabled and such benefits aa 
are provided for such disability shall be credited to his account and be payable 
to him for the period of such absence or until his death is in fact established 
or can be legally presumed to have occurred, 
During the period of absence 
the Secretary may: 
a. Disburse a part of the compensation accruing for such total 
disability to dependents in U. S. territories, possessions, Guantanamo, 
Canal Zone and Phillippines in equal monthly payments; the balance 
payable to the individual upon his return from such absence unless 
such person or dependent is receiving or is entitled to receive any 
other payment from the United States either directly or indirectly 
because of such absence. 
b. 
Waive recovery of money erroneously paid under these cir- 
cumstances whenever he finds that such recovery would be impractical 
or would cause hardship to the beneficiary affected. 
c. 
Upon application by such person, or someone on his behalf, 
and under such regulations as he may prescribe, furnish transportation 
or the cost thereof (including reimbursement) to any such person from 
the point where his release from custody by the enemy is affected, to 
his home, place of employment or other place within the jurisdiction 
of the United States. 
d. 
In the case of death of any such person, 
if his death occurred 
away from his home the body of such person shall, at the discretion 
of the Secretary or if so desired the next of kin, near relative, etc., 
be embalmed and transported in a hermetically sealed casket to the 
home of the person or place designated by the next of kin or near 
relative--no expense shall be incurred by the Secretary in any case 
where death takes place after repatriation unless such death proxi- 
mately results from war-risk hazard, 
e. 
Expenses of embalming, sealed container, transportation of 
the body and attendants, 
(if required) as approved by the Secretary, 
shall be paid from the compensation fund. 
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f. 
Compensation for permanent total or permanent partial 
disability or for death payable under this section of the law to persons 
who are not citizens of the United States and who are not residents of 
the United States or Canada shall be in the same amount as provided 
for residents except for the limitation of benefits to the surviving wife 
or husband, child or children, and in their absence surviving parent 
who has been wholly or partially supported by the person for a period 
of a year before the death. 
The Secretary may at his option commute 
all future payments to these persons by paying them one half of the 
commuted amount of such future installments of compensation as he 
has determined, 
g. 
The foregoing provisions do not apply in the case of a person: 
(1) Whose residence is at or in the vicinity of the place of 
his employment, 
(2) Who is not living there solely by virtue of the exigencies 
of his employment, unless his injury or death resulting from 
injury occurs or his detention begins while in the course of his 
employment. 
(Title 42 1701 USCA) 
3. 
Relmbursement. 
Where any employer or his insurance carrier or 
compensation fund pays or is required to pay benefits to a person or a fund 
on account of injury or death, 
if such injury or death arose from a war-risk 
hazard which is payable under any workman's compensation law of the 
United States, State, territories, possession of the United States, or other 
jurisdiction, or any person by reason of an agreement and made in accordance 
with a contract between the contractor and the United States, the claim for 
reimbursement may be filed with the Secretary. 
No reimbursement will be 
made in any case in which the Secretary finds that the benefits paid were on 
account of an injury, detention or death which arose from a war-risk hazard 
for which a premium was charged. 
(Title 42 1704 USCA) 
4, 
Receipt of Workmen's Compensation benefits. 
In the event an 
individual has received or is receiving workmen's compensation benefits 
for the same injury under the law of any state, territory, possession, 
foreign country or other jurisdiction, the Secretary has a lien and a right 
of recovery to the extent of the payments made. 
Where a national of a 
foreign government is entitled to benefits on account of injury or death re- 
sulting from a war-risk hazard, under the laws of his native country or 
any Other foreign country, the benefit herein outlined shall not apply. 
(Title 42 1705 USCA) 
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5. 
Administration. 
The provision of this section, rules and regulations, 
are accomplished by the Secretary of Labor, 
However, he may enter into 
agreements with other agencies of the U.S., state, territory, possession, 
other public agencies and private persons, agencies or institutions within 
or without the United States to utilize their services and facilities, compen- 
sating them for such use, 
The Secretary may delegate to the above such 
of his powers and duties as he finds necessary for carrying out the purposes 
of this section. 
(Title 42 1706 USCA) 
6, 
Disqualification from benefits. 
No person convicted in a court of 
competent jurisdiction of any subversive act against the United States or any 
of its allies, shall be entitled to compensation or other benefits. 
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TABA 
Definitions 
Public work 
Any fixed improvement or project involving construction, alteration, 
removal or repair for public use of U.S. or its allies included but 
not limited to projects in connection with the war effort, dredging, 
harbour improvements, dams, roadways and housing as well as pre- 
paratory and ancillary work in connection therewith. 
(Title 42 1651 
USCA) 
Contractor 
Any individual, partnership, corporation or assoclation and includes 
any trustee, receiver, assignee, successor or personal representative 
thereof. 
(Title 42 1651 USCA) 
War-risk Hazard 
Means any hazard arising after December 6, 1941, and prior to 
July 1, 1958 from-- 
(1) The discharge of any missile (including liquids and gas) or 
the use of any weapon, explosive, or other noxious thing by an enemy 
or in combatting an attack or an imagined attack by an enemy or in 
combatting an attack by an enemy; or 
(2) Action of the enemy, including rebellion or insurrection 
against the U.S. or any of its allies; or 
(3) The discharge or explosion of munitions intended for use in 
connection with the national war effort (except with respect to any 
employee of a manufacturer or processer of munitions during the 
manufacture, or processing thereof, or while stored on the premises 
of the manufacturer or processer); or 
(4) The collision of vessels in convoy or the operation of vessels 
or aircraft without running lights or without other customary peace-time 
aids to navigation, or 
(5) The operation of vessels or aircraft in a zone of hostilities or 
engaged in war activities. 
(Title 42 1711 USCA) 
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TABB 
1651 
Compensation Authorized 
- Places of Employment 
Except as herein modified, the provisions of the Longshoremen's 
and Harbour Workers! Compensation Act, as amended, shall apply in 
respect to the injury or death of any employee engaged in any employ- 
ment-- 
(1) At any military, air or naval base acquired by the 
United States from any foreign government; or 
(2) Upon any lands occupied or used by the United States 
for military or naval purposes in any territory or possession; or 
(3) Upon any public work (Tab A) any territory or possession 
outside continental United States if employee is engaged in employ- 
ment at such place under the contract of a contractor with the 
United States. 
(Exception 
- Except employees of contractor or 
sub-contractor who is engaged exclusively in furnishing materials 
or supplies under his contract. ) 
(4) Under a contract entered into with the United States or 
any executive department, independent establishment or Agency 
thereof, or any sub-contractor, 
or subordinate contractor, where 
such contract is to be performed outside the continental United 
States and places not within the areas described above--for the 
purposes of engaging in public work, 
irrespective of the place where the injury or death occurs and shall 
include any injury or death occurring to any such employee during 
transportation to or from his place of employment, where the employer 
or the United States provides the transportation or cost of transportation. 
(Title 42 USCA) 
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