Questions and Answers About the Federal Employees Compensation Act:
Part 2 of 4
The Federal Employees Compensation Act (FECA) provides benefits for civilian employees of the United States who are injured or who contract illness caused by their jobs. FECA is a long and complicated law. This blog post, divided into four parts, answers a series of questions about how a federal worker becomes entitled to benefits under FECA.
Read answers to questions 1 – 5 here.
6. Is a worker “in performance of duty” during a lunch break or rest break?
If the employee takes his or her break on the employer’s premises, then an injury that occurs during lunch or a break is covered. An injury that occurs during lunch or break while the federal worker is off premises is not usually covered, unless the employee was traveling for work or performing duties off premises at the time.
7. Is an injury caused by work-related recreational activities covered?
The employee would be covered if he or she was required to perform the recreational activities as part of training or assigned work duties. The employee may also be covered if injured during informal recreation on the employer’s premises (walking or jogging, for example). An employee may also be covered by FECA if injured while engaging in activities that are part of a fitness or wellness plan managed by the employer. Under certain circumstances, an employee may also be covered if injured while engaging in informal recreation off-premises (for example, playing on employer-sponsored soccer team).
8. Is an employee “on duty” and covered by FECA while traveling to and from work?
No. Exceptions may occur if the employer provides transportation to and from work, if the employee has to travel for a work-emergency, or if the employee has to use his or her personal automobile during the work day.
9. Is an employee covered 24 hours per day if travelling for work-related purposes?
Generally, a travelling employee is covered 24 hours a day except when performing activities that are completely unrelated to the work assignment. Examples of unrelated activities include sightseeing trips or recreational activities. Examples of work-related activities include eating, using the hotel room, and traveling between the hotel and work site.
10. How does the employee prove that the injury or illness was caused by the event that occurred in performance of duty”?
The connection between the injury and the worker’s employment is proved entirely by the physician’s expert opinion and evidence. No other opinions, including general medical opinion, are relevant.
Watch for Part 3 of this article, covering additional answers to common questions about the Federal Employees’ Compensation Act, coming soon. In the meantime, you may find additional answers in the related article, “Injured on the (Federal) Job?”
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 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.
