Appealing the Denial of a Federal Worker’s Compensation Claim

If you are an employee of a federal agency or of the federal government, or are a civilian worker on a military installation or with a defense contractor, you may have a right to compensation for injuries suffered in the workplace, whether an occupational illness or the result of a traumatic injury. The Federal Employee Compensation Act (FECA) covers most injured federal workers. To recover benefits, you must be unable to return to work for more than 45 days.

If you have filed a legitimate claim, only to have benefits denied, what are your options and what is the process? This blog post outlines the steps to take when your federal workers’ compensation claim has been wrongfully denied.

The Legal Process after Denial of a FECA Claim

If you have received an unfavorable determination in a FECA claim, you have the right to seek redress by filing with the Employees’ Compensation Appeals Board. (ECAB). The ECAB was established in 1946 specifically to address cases where claims for disability or death benefits have been denied. The ECAB has final authority to determine federal government liability for workers’ compensation benefits. You cannot file an administrative or judicial appeal to the determination of the ECAB.

You may appeal to the ECAB even though your claim was not denied. You can seek review if you believe that you were not given all the benefits to which you are entitled—for example, if you were granted a temporary disability payment when you believe your injuries are permanent. You must file with the ECAB within 90 days of the determination of your claim.

When the ECAB reviews your claim, they will look only at the evidence that was submitted with the original claim. You cannot bring in any additional evidence. You may be granted an opportunity to argue your case before the board, though some appeals are resolved entirely through written interactions. The ECAB will review your record and provide you with a written opinion.

If you are unhappy with the ECAB’s decision, you can ask for a reconsideration, but must do so within 30 days. The ECAB has absolute discretion regarding whether or not to reconsider their earlier findings.

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.