Federal Employees’ Compensation Act: How and When to File a Notice of Death and Claim for Benefits
The Federal Employees’ Compensation Act (FECA) provides death benefits to survivors of federal employees who die as a result of either traumatic workplace injury or occupational disease.
If the employee previously filed an on-time notice of injury or occupational disease, then that notice is sufficient as a notice of death due to the same injury or occupational disease. If, however, the federal employee’s death is caused by a different traumatic injury or occupational disease, then the survivor must file Form CA-5 or CA-5b. The completed form may be submitted to the employer or directly to the Office of Workers’ Compensation Programs (OWCP).
The notice of death and claim for benefits must be submitted within three years of the date of injury or the onset of the occupational disease that caused the death. The rules allow the OWCP to waive the three-year rule in certain situations, including when:
- The employee gave notice of the injury or occupational disease within 30 days using a method other than Form CA-1 or CA-2
- The employer had actual knowledge of the death within 30 days after it happened
- The survivor was enduring “truly exceptional circumstances” that prevented him or her from filing the notice of death within the three-year time limit (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 death in cases where the death resulted from a “latent disability” that was not immediately linked causally to the workplace incident. To clarify this, take an example: John dies due to a disability. Four years later, John’s surviving wife Mary discovers that John’s disability was caused by a traumatic injury or occupational disease at his federal workplace. Mary now has three years from the date she discovered the connection during which to file the notice of death.
Read the original regulation regarding filing a notice of death and claim for benefits online.
Contact Uliase & Uliase Regarding FECA Notice of Death Claims
For an appointment with an experienced New Jersey federal worker injury lawyer, contact our office online or call us at (856) 310-9002 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.
