Selected Federal Compensation Programs for Physical Injury or Death

Publication Date: March 2007

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Social conditions

Type:

Abstract:

Congress has established a number of programs to compensate or assist victims of certain specific circumstances, including negligence, terrorism, and "acts of God." Federal compensation programs can be described by certain common attributes. These include aspects of program administration; requirements for and determination of individual eligibility; eligibility of healthcare providers; types of benefits provided; whether certain diseases are presumed to be eligible for compensation; and the means by which the program is financed.

Though federal compensation programs display considerable diversity in these attributes, most can be classified into one of three categories: (1) programs that primarily limit compensation or assistance to specified groups of people, with little or no limitation of the types of injury that may be compensated; (2) programs that primarily limit compensation or assistance for specified types of injuries, with little or no limitation of the classes of individuals who may be compensated; and (3) hybrid programs, which limit both the classes of eligible individuals and the compensable injuries or diseases.

This report describes a number of federal programs that Congress established to compensate or assist individuals who have suffered physical or psychological harm as a consequence of specific events (including the actions of others), or who have suffered specific types of physical or psychological harm. First, several program attributes -- which are used to describe specific programs -- are discussed in general. Next, selected compensation programs are presented in three groupings, as mentioned above. Next, three veterans' compensation programs are presented. Veterans' disability compensation is based on establishing a connection between an illness or injury and military service. Congress has on three occasions granted a presumption of a service-connection for a specific group of veterans. Finally, an Appendix describes three additional federal assistance programs that do not fit into the above classifications, but that may nonetheless be of interest to policymakers: The Federal Tort Claims Act, emergency and disaster assistance, and the Breast and Cervical Cancer Treatment Program.