Federal Workers' Compensation

Acquiring Federal Workers' Compensation

If you have suffered injuries on the job, you can file a claim against your employer to attain compensation through federal workers' compensation. However, it is integral to understand federal workers' compensation and how it works before you consider filing the claim.

All civil officers and employees working for the federal government are covered in the Federal Employees Compensation Act (FECA). This act offers a percentage of lost wages and medical expenses of the employee who has suffered work-related disease or injury.

Since the process can be complicated, it is wise to consult to Los Angeles federal workers' comp attorney, to assist you with the claim. The Law Office of Andrea R. Herman specializes in workers' compensation and has helped multiple employees in California with federal workers' compensation.

What is the Federal Employees Compensation Act (FECA)?

The FECA is a part of the federal law and administered by the Office of Workers Compensation Programs (OWCP), applicable to all employees working in the federal government and related organizations who have suffered from work-related illness or injuries.

According to this act, compensation and benefits must be offered to any federal employee who has suffered work-related disease or injuries. These benefits might include payment to the deceased employee's dependents who died due to work-related illness or injury, wage loss compensation, and medical expenses.

FECA also offers vocational rehabilitation for employees who have partial disabilities and are returning to work after the treatment.

Eligibility of FECA

To be eligible for the FECA program, you must either be:

• A federal employee who has suffered a work-related disease or injury; or
• A dependent of a federal employee who passed away because of a work-related disease or injury

Difference between Occupational Illness or Disease and Traumatic Injury

The type of injury an employee suffers from can also significantly impact the claim. An occupational illness or disease, or traumatic injury can affect the benefits and pay continuation under this act. Therefore, it is essential to understand the difference between the two.

Traumatic injury is a condition or wound caused due to external force, including strain or stress. The injury must happen at a specific place and time and should affect a body's function. The injury should be due to a certain incident or event or a series of incidents or events within a work shift.

An occupational illness or disease is a condition that occurred due in the work environment over a long time. This condition could be caused due to repeated strain or stress, an infection, or repeated exposure to fumes, poisons, toxins, and continuing work conditions.

The exposure length, instead of the injury cause or the medical condition caused due to it, is what determines whether the injury is occupational or traumatic. 

Benefits and Conditions of FECA

FECA offers compensation to dependents of the employees if the work-related disease or injury leads to the employee's death. However, these benefits can't be paid in case the death or injury occurred because of willful misconduct or the intention of the employee to bring the injury or harm to themselves or if the employee had been intoxicated that caused the death or injury.

The system of this act is different from the systems of state workers; compensation in multiple ways, including:

• There isn't any involvement of the third-party administrator, and all claims are handled by the Department of Labor (DOL).
• FECA covers all claim-related medical expenses, including prescriptions, surgery, and rehabilitation. If the employee gets partially disabled due to the injury and has been cleared by a physician to return to work for a certain time for every shift, DOL pays three-quarters or two-thirds of the gross salary, based on whether the injured has dependents.
• FECA also offers lost wages compensation if a worker suffers a temporary disability or can't work due to occupational disease or industrial injury. The worker will be compensated up to the initial 45 days of lost wages. In case the worker's condition continues after 45 days, they will be compensated for those lost wages as well.
• Additional benefits are offered in case the work-related illness or injury results in permanent total or permanent partial disability. The compensation amount would depend on the severity of the disability and how it impacts the earning capacity in the future. The workers with dependents are compensated with increased pay.

Medical Treatment

The medical treatment and conditions compensated under FECA are as follows, along with the conditions:

• The injured worker will be compensated for hospital, surgical, and medical supplies and services required for the treatment and the transportation cost to attain care. 
• The injured workers can choose the hospital or physician based on their preference to get the treatment they need. Changes made in the choice of the physician after that should be authorized by OWCP unless the attending physician has referred this change.
• There aren’t any liens applicable regarding the medical benefits.
• The agency might request another opinion as a routine even when there has been thorough documentation of the medical treatment.

Since the system of federal workers' compensation is complicated, it is essential to consult a knowledgeable and experienced federal workers' comp attorney to ensure you get the proper compensation and benefits you deserve. 

What Happens If You Are Not Satisfied with the Decision?

In case you don’t receive a decision, you are satisfied with, you have a chance to appeal the decision. There are two ways to file an appeal.

• If new evidence has been found after the decision was made by the OWCP, you can ask for a reconsideration within a year of the decision.
• In case of the denial of the reconsideration request, you can file for a review or oral hearing within 30 days of the original decision.

Even if these options don’t work, you can file an appeal to the Appeals Board within 90 days of the original decision. If you want to file a federal workers' compensation claim or are unhappy with the decision, you must consult an experienced attorney. The Law Office of Andrea R. Herman helps federal employees in Los Angeles, CA, with federal workers' compensation claims. Get in touch to book your appointment for an initial consultation to discuss your case.