[Code of Federal Regulations]
[Title 32, Volume 5, Parts 700 to 799]
[Revised as of  July 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR756.9]

[Page 435]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
Part 756--NONAPPROPRIATED-FUND CLAIMS REGULATIONS--Table of Contents
 
Sec. 756.9  Claims by employees.

    (a) Personal injury or death of citizens or permanent residents of 
the United States employed anywhere, or foreign nationals employed 
within the United States. Compensation is provided by the Longshore and 
Harbor Workers' Compensation Act (33 U.S.C. 901-950) for employees of 
NAFI's who have suffered injury or death arising out of and in the 
course of their employment (5 U.S.C. 8171). That Act is the exclusive 
basis for Government liability for injuries or deaths that are covered 
(5 U.S.C. 8173). A claim should first be made under that Act if there is 
a substantial possibility the injury or death is covered.
    (b) Personal injury or death of foreign nationals employed outside 
of the continental United States. Employees who are not citizens or 
permanent residents, and who are employed outside the continental United 
States, are protected by private insurance of the NAFI or by other 
arrangements (5 U.S.C. 8172). When a nonappropriated-fund activity has 
neglected to obtain insurance coverage or to make other arrangements, 
the matter shall be processed as a Foreign Claims Act or a Military 
Claims Act claim if appropriate, and any award will be paid from 
nonappropriated-funds.