Federal Employees Work Injury Lawyer
Under the Federal Employees’ Compensation Act (FECA), federal employees are entitled to compensation when they become injured or sick on the job. These benefits are administered by the U.S. Department of Labor’s Office of Workers’ Compensation Programs (OWCP) and include compensation for wage loss and medical care. If you or a loved one has been injured or become ill while working as a federal employee, you may be able to receive monetary compensation to cover some or all of your medical and other expenses.
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Samuel Meirowitz is “Top 100 Trial Lawyer” and an accomplished personal injury lawyer, trial attorney and relentless advocate for his clients. Previously, he served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office. Mr. Meirowitz is admitted to practice law in New York and Florida State Courts.
Content written by Samuel Meirowitz
Samuel Meirowitz is “Top 100 Trial Lawyer” and an accomplished personal injury lawyer, trial attorney and relentless advocate for his clients. Previously, he served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office. Mr. Meirowitz is admitted to practice law in New York and Florida State Courts.
Experienced Personal Injury Attorney
Quick Links
- Workers’ Compensation for Federal Employees: An Overview
- Who Is Eligible for FECA Benefits?
- The Federal Employees Compensation Claims Process
- What Happens if a Claim Is Denied?
- Types of Work-Related Injuries Covered by FECA
- When Should You Contact an Attorney?
- Speak to a Workers’ Compensation Attorney Today
Workers’ Compensation for Federal Employees: An Overview
The Federal Employees’ Compensation Act (FECA) compensates employees for injuries or diseases sustained while performing job duties and pays benefits to dependents if a work-related injury or disease causes an employee’s death. These benefits include reimbursement for medical treatment, lost wages, vocational rehabilitation, and disability expenses. FECA allows federal employees and their families time and funding to recover after sustaining an injury or illness.
Who Is Eligible for FECA Benefits?
Full-time, part-time, and temporary workers employed directly by federal agencies are eligible for benefits under FECA. This includes postal service employees, federal law enforcement officers, civilian military employees, TSA agents, IRS employees, Social Security Administration employees, and Department of Veterans Affairs employees. Volunteers, contractors, and employees of private businesses do not qualify for FECA benefits, even if they work closely with federal agencies.
The Federal Employees Compensation Claims Process
The first step to filing a FECA claim after being injured at work as a federal employee is to report the injury or illness to your supervisor as soon as possible–this may be before or after you seek medical care, depending on the severity of your injury or illness. Emergency medical treatment is covered without prior authorization, but your supervisor must authorize other treatment.
Once you have notified your supervisor of your injury, use the Employees’ Compensation Operations and Management Portal (ECOMP) to file the applicable forms within 30 days of the injury or illness. These forms will then be forwarded to your supervisor for completion and submission.
Step 1 – Report the Injury to Your Supervisor
After experiencing a workplace injury or illness, it’s crucial to report the injury to your supervisor as soon as possible. The sooner you report your condition, the sooner you can file for and receive FECA benefits.
Step 2 – Complete the CA-1 or CA-2 Forms
If you are injured on the job as a federal employee, you need to complete either form CA-1 for traumatic injuries or form CA-2 for occupational diseases, depending on whether you were injured or became ill at work.
Step 3 – Submit Your Claim to the Department of Labor
To initiate your FECA compensation claim, you must register for an account with the Employees’ Compensation Operations and Management Portal. Once your account is registered, you may file your CA-1 or CA-2 forms electronically. FECA requires claims for compensation to be filed within three years of the date of the workplace injury or the date a worker becomes aware of their occupational disease. If a claim is not filed within three years, compensation may still be available if you provide written notice of your injury to your employer within 30 days.
What Happens if a Claim Is Denied?
After you submit your CA-1 or CA-2 form, your agency will complete its portion and submit the entire packet to the Office of Workers’ Compensation Programs (OWCP). The office will then review the information and determine whether it’s sufficient to make a decision—if it is not, they will reach out to request additional information. If your claim is denied, you may be able to request reconsideration by the OWCP or file a formal appeal with the Employees’ Compensation Appeals Board (ECAB).
Requesting Reconsideration
The OWCP may grant a timely request for reconsideration of a claim if it determines the employee has presented adequate evidence. If reconsideration is granted, the case will be reopened and reviewed on its merits. However, if a request for reconsideration is untimely or fails to present any clear evidence of error, the OWCP will deny the application for reconsideration without reopening the case. The only review for this type of decision is an appeal to the ECAB.
Filing a Formal Appeal
If the OWCP denies your request for reconsideration or denies your claim again after reconsideration, you may be able to file a formal appeal with the Employees’ Compensation Appeals Board (ECAB). ECAB has the jurisdiction to consider and decide appeals from final adverse decisions of the OWCP. Appeals must be filed within 180 days of the OWCP’s final decision and will then be reviewed by a panel of judges, who will issue either a written decision or an order disposing of the case.
Types of Work-Related Injuries Covered by FECA
FECA covers various injuries and conditions, including physical injuries, occupational illnesses, and mental health issues.
Physical Injuries
FECA provides workers’ compensation benefits for federal employees who experience traumatic physical injuries on the job. Under FECA, a traumatic injury can be pinpointed to have occurred during one specific shift, like falling down the stairs. Other common injuries include exposure to hazardous substances, transportation injuries, machinery injuries, and workplace violence.
Occupational Illnesses
Under FECA, an occupational disease is defined as a medical condition that develops over time due to work activities performed over multiple shifts. These may include respiratory issues caused by exposure to hazardous environments, repetitive stress injuries, and more.
Mental Health Conditions
FECA also covers mental health issues, such as PTSD, caused by work-related stress or traumatic events.
When Should You Contact an Attorney?
The process of receiving compensation under the Federal Employees Compensation Act can be complex and overwhelming, especially when you’re already dealing with an injury or illness. If you need help navigating the process of filing a claim or an appeal, a workers’ compensation attorney can help. At Meirowitz & Wasserberg, our attorneys have years of experience navigating federal employees’ claims, offering personalized client care and an aggressive litigation strategy to every client. We strive to level the playing field between the average worker and influential organizations like the federal government.
Speak to a Workers’ Compensation Attorney Today
If you or a loved one has experienced a traumatic injury or become ill on the job as a federal employee, you’re not alone—Meirowitz & Wasserberg can help. As a nationally recognized personal injury law firm made up of award-winning trial attorneys, we have successfully handled countless work injury claims and recovered over $500 million in settlements and verdicts for our clients. We have the resources, ability, and skill to stand up to large corporations and government entities that prioritize profit over safety. To learn more about your rights as a worker or to get help filing your claim, contact us online or by calling 800-726-6326, extension 123.
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