Filing a FECA Claim Based on Occupational Disease: The Basics
“Occupational disease” is the phrase used in the federal workers’ compensation law to mean an injury or medical condition caused by the working environment and developing over a period longer than one work day or shift. Occupational diseases include infections, exposure to toxins or poisons, and repeated stresses or strains to muscles, tendons, and other soft tissues.
The Federal Employees’ Compensation Act (FECA) requires federal workers who get occupational diseases to follow specific steps in order to receive compensation for their injuries. FECA is stricter for occupational diseases than it is for traumatic injuries.
FECA requires the injured worker to file a claim form within 30 days of the date the employee realized he or she had an illness or injury caused by or aggravated by the employment environment. The required form is CA-2, not CA-1. If the injured employee is incapacitated, another person may file the CA-2 on his or her behalf.
The procedure for receiving and being compensated for medical care is different for occupational diseases than for traumatic injuries. A worker who suffers an occupational disease must arrange for his or her own medical treatment. The worker will not be compensated for medical costs until after the Office of Workers’ Compensation Programs (OWCP) has approved the Authorization for Examination and/or Treatment (Form CA-16). If the Authorization for Examination and/or treatment is approved, then the worker will be retroactively compensated for treatment that occurred prior to the date of approval as well as for ongoing necessary medical care.
Continuation of pay is another issue where there is significant difference in how the Federal Employees’ Compensation Act treats occupational diseases as opposed to traumatic injuries. A worker who suffers an occupational disease that results in time lost from work does not receive continuation of pay for the first 45 days following the injury, as do employees who suffer traumatic injuries. Instead, the worker must file a Claim for Compensation on Account of Traumatic Injury or Occupational Disease (Form CA-7).
Federal workers’ compensation claims are complex and require strict attention to many important procedural requirements. You can read more questions and answers about occupational disease [http://www.dol.gov/owcp/dfec/regs/compliance/feca550q.htm] at the Department of Labor’s website. However, if you are considering filing an occupational disease claim, it is advisable to discuss your situation with a qualified federal workers’ comp attorney.
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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.
