Deadlines are an important part of any injury claim. This is especially true for federal employees injured on the job who wish to file for compensation under the Federal Employees’ Compensation Act (FECA). A worker who fails to file claims according to FECA’s instructions risks having his or her claim denied.
According to the Code of Federal Regulations, which is where you can find the rules and instructions for filing FECA claims, the deadline for filing a notice of traumatic injury using Form CA-1 is three years from the date of the injury. However, if you want to receive continuation of pay (COP), then you must file form CA-1 within 30 days of the date of injury.
In certain situations, the three-year rule may be waived. Examples of such situations include those in which:
- The employee gave notice of the injury within 30 days using a method other than Form CA-1
- The employer had actual knowledge of the injury or death within 30 days after it happened
- The employee was enduring “truly exceptional circumstances” (the regulations provide the example of being held prisoner of war as a truly exceptional circumstance)
It is also important to note that the three-year period does not start on the date of the injury in circumstances in which the injury resulted in a “latent disability” that was not immediately linked causally to the workplace incident. In other words, if a worker suffers an on-the-job accident that causes a disability that only becomes evident after some time has passed, the three-year period in which to file a claim begins from the date the employee is aware, or reasonably should be aware, that the disability was caused by the workplace accident.
Read the original regulation regarding filing a notice of traumatic injury online.
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For an appointment with an experienced federal employee injury lawyer, contact our office online or call us at (856) 310-9002. We are open weekdays between 9 a.m. and 5 p.m. We offer a free consultation for injured workers.
