Federal Workers’ Compensation-An Overview, Part 1
If you are employed by the federal government, or work for a contractor or subcontractor of the federal government, what are your rights to compensation when you have been injured in the workplace? Can you seek benefits under state workers’ compensation laws? If not, where do you go for financial remuneration while you cannot work? This blog post provides an overview of the process for obtaining workers’ compensation benefits when you are a federal employee.
The Statutes
Though there are a number of federal statutes that provide mechanisms for federal employees to seek benefits when they have been hurt on the job. The Longshore and Harbor Workers’ Compensation Act is available to dock workers and maritime workers, and the Defense Base Act covers individuals working as civilians on military installations or for defense industry contractors.
Most federal workers’ compensation benefits are recoverable, however, under the Federal Employee Compensation Act (FECA). FECA, like its state counterparts, generally provides the exclusive remedy for most injured federal workers. Similar to state workers’ compensation statutes, FECA only applies to injuries suffered on the job. Federal workers’ compensation claims are handled by the Office of Workers’ Compensation Programs (OWCP), an agency of the Division of Federal Employees’ Compensation within the Department of Labor.
Who Qualifies for Federal Workers’ Compensation?
FECA covers nearly all civilian employees of the federal government, from seasonal or part-time workers to full-time employees. You may even qualify for workers’ compensation benefits if you are a contract employee of a government agency, such as the Environmental Protection Agency or the Federal Aviation Administration. Whenever there is a question as to whether or not you qualify as a federal employee under the statute, the OWCP will make the determination.
What Types of Injuries are Covered?
FECA allows benefits for injury or for occupational illness. Your injuries can result from a single accident or event, or may be the result of repetitive stress or motion.
What Benefits Can You Receive?
FECA differs dramatically from most state laws regarding benefits paid. You are entitled to have your medical expenses reimbursed or paid. However, with respect to compensation for lost wages, you must file a request a continuation of pay (COP), which will provide wages for up to 45 days, but only if you have suffered an injury (not available for occupational diseases). You can also use vacation or sick time, or take leave without pay.
If your injury will prevent you from working for more than 45 days, you can file a claim for compensation for your lost wages.
Contact Uliase & Uliase
For an appointment with an experienced New Jersey federal worker injury lawyer, contact our office online or call us at (856) 310-9002. We are available to meet with you weekdays between 9 a.m. and 5 p.m. to schedule an appointment with our experienced federal employee injury lawyers. We are open weekdays between 9 a.m. and 5 p.m. We offer a free consultation for injured workers.
