Questions and Answers About the Federal Employees Compensation Act:
Part 3 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.
Read answers to questions 6 – 10 here.
11. Can the employer accept or deny a workers’ compensation claim from a federal worker?
No. The Office of Workers’ Compensation Programs (OWCP) of the U.S. Department of Labor is the only body that may make the decision. An employer may pay or withhold Continuation of Pay (COP), but that decision is reviewable by OWCP.
12. How does OWCP decide whether a case can be accepted?
OWCP accepts some simple cases with low medical expenses automatically. Otherwise, OWCP staff review the facts of the individual case and apply the relevant laws and regulations to determine whether to accept a specific FECA case.
13. How does an employee know when his or her case has been accepted?
In simple cases, OWCP sends a postcard notification to the employee. In other cases, OWCP sends a letter to the employee. The letter will list the injury-related medical conditions and explain how to claim additional benefits.
14. Does it automatically mean OWCP will pay disability benefits if a case is accepted?
No. An employee could receive medical benefits for a condition that does not prevent the employee from working. Disability benefits are only paid if the medical condition prevents the employee from working.
15. Does an employee automatically qualify for compensation benefits if he or she qualifies for disability retirement?
No. Disability retirement under the rules of the Office of Personnel Management may apply whether or not the disability is work-related. But to be eligible for FECA compensation benefits, an employee must be disabled for regular work due to a work-related injury.
Watch for Part 4 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.
