Workers' Compensation for Federal Employees

Most employees have workers’ compensation benefits under their employers’ insurance. However, federal workers have claims for compensation under a separate program. The Federal Employees’ Compensation Act (FECA) provides benefits for federal government workers. Federal workers have to file a claim with FECA after a work-related injury.

The federal program is different from state workers’ compensation laws. For questions about making a federal workplace injury claim, talk to a federal workers’ compensation lawyer.

Overview of Workers’ Compensation for Federal Employees

Workers’ compensation programs provide medical care and wage benefits after a work-related injury. These benefits help you recover from your injury and get wage loss benefits until you can return to work. Unlike a personal injury claim, injured workers don’t have to prove employer negligence to get compensation. But you can’t get non-economic benefits like pain and suffering.

Federal employees have workers’ comp benefits through the Federal Employees’ Compensation Act (FECA). You can file a claim to cover your medical bills related to the workplace accident. You can also claim compensation for wage losses while you’re out of work.

Workers also get assistance in returning to work. You have the right to reclaim your job within one year of your injury claim. You can have specialist referrals and assigned nurses to ensure medical care to help you return to work. You can also get vocational training if you can’t return to your previous job.

Workers Covered by Federal Workers’ Comp

The Division of Federal Employees’ Compensation administers benefits to qualifying federal workers. This includes civilian employees working in a number of U.S. government agencies and offices, including:

• Veterans Affairs
• Postal employees
• Homeland Security and ICE
• Social Security Administration
• Internal Revenue Service

Federal Workers’ Compensation Laws and Regulations

The Federal Employees’ Compensation Act is the primary law regulating workers’ comp for federal workers. FECA claims administration evaluates eligibility for new claims and manages ongoing workers’ comp cases. The program also helps injured workers return to employment after recovery.

The Office of Workers’ Compensation Programs (OWCP) falls under the U.S. Department of Labor (DOL). The OWCP administers disability compensation for injured workers and their dependents. FECA program benefits include:

• Wage replacement benefits
• Medical treatment
• Vocational rehabilitation

Federal workers’ comp also provides survivor benefits to federal workers’ beneficiaries. Survivor benefits include burial costs, administrative fees, and wage replacement payments.

Qualifying Illnesses or Injuries for Workers’ Comp Claims

Most federal workers’ comp claims are either traumatic injuries or occupational diseases. A traumatic injury is a wound or other body condition caused by external force, like a specific work accident or incident. This includes stress or strain from an accident or series of work events. A trip and fall accident causing a broken leg would be a traumatic injury.

An occupational disease is a condition caused by repeated exposure to a dangerous work environment over a period of time. Occupational illnesses can include respiratory conditions, musculoskeletal disorders, or hearing loss. For example, injuries caused by coronavirus exposure in the performance of work duties qualified.

Filing a Workers’ Compensation Claim as a Federal Employee

To start your claim, register for an account with the Employees’ Compensation Operations and Management Portal (ECOMP). You can file your claim as a CA-1 Notice of Traumatic Injury or CA-2 Notice of Occupational Disease. After you file a claim with the ECOMP, it will go to your supervisor. The claim will go to your agency workers’ comp personnel and then to the OWCP to create a claim number.

The OWCP will also assign a status to your claim. If you get a notice that your status is under development, you need to submit more evidence. You have 60 days from the notice of request to submit a report. Your doctor can submit a report, which includes:

• A description of your workplace injury
• Your medical diagnosis
• How your medical condition was caused by a work accident
• Any other evidence

The claims examiner will accept or deny your claim with a written decision. Depending on the severity of your injuries, it can take up to 180 days for the examiner to issue a decision.

Common Challenges and Tips for Federal Workers

If the claims examiner denies your injury claim, you can file an appeal. You can request a hearing to submit more information and have a hearing representative make a decision. You have 30 days to request a hearing.

You can also file for reconsideration within one year to have the OWCP reconsider your case. You can also request a review by the Employees’ Compensation Appeals Board (ECAB) within 180 days.

Dealing with the OWCP can take a lot of time. You may have to wait months or years for them to resolve your case. In the meantime, you face medical expenses and lost income. A workers’ compensation lawyer can help you understand the process and represent you when filing your claim. Your lawyer can help you with an appeal so you can get the medical and wage loss benefits you deserve. Contact a federal workers’ comp lawyer for help with your claim.