Questions and Answers About the Federal Employees Compensation Act: Part 4 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.
Read answers to questions 11 – 15 here.
16. How long will an injured employee’s accepted FECA case remain open?
An accepted case stays open as long as the employee needs medical care or is disabled and unable to return to work. Closed cases may be reopened if necessary.
17. How does an injured federal employee find out if his or her FECA case has been denied?
OWCP sends a formal decision letter to the employee, stating the specific reason for the denial and the evidence supporting the denial. The worker’s employer and representative, if any, also receive a copy of the decision letter.
18. Can a worker appeal denial of a FECA claim?
Yes. The injured worker will receive an appeal notice with the formal decision letter. The employee’s appeal rights include the following:
- An oral hearing in front of an OWCP representative, held near the worker’s home, at which the worker may testify and present evidence
- A review by an OWCP representative of the written record, along with additional written evidence submitted by the injured employee
- Reconsideration by district office staff who were not involved in making the contested decision, if there is evidence previously unsubmitted or legal arguments not previously made
- Review by the Employees’ Compensation Appeals Board (ECAB), which is limited to the evidence and argument already present in the written record
19. Can an injured employee go to court if he or she disagrees with the decision reached on appeal?
No. The ECAB review is the highest level of appeal available to an injured employee.
If you still have questions, you may find this related blog post helpful: “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.
