What to Do When Your Federal Workers’ Compensation Claim is Denied

Denial letterIf you have filed a claim under the Federal Employee’s Compensation Act for an injury or illness suffered as a federal worker, and your claim has been denied, there are specific steps you must take to protect your rights.

Request a Hearing

Your first course of action is to request a hearing with the Office of Workers’ Compensation Programs (OWCP), the federal agency that administers all benefits. Your request must be dated (postmarked) within 30 days of the decision denying your claim. Though the initial request will be filed with your district OWCP office, it will then be transferred to the Branch of Hearings and Review in Washington, DC. You can travel to the District of Columbia for your hearing, but most initial hearings are conducted by phone.

The hearings official has a number of options, from rejecting your appeal to ruling in your favor to sending your claim back to an examiner with a request to obtain additional information (frequently a medical examination or opinion).

Appealing to the Employees’ Compensation Appeals Board (ECAB)

If the hearings official rejects your claim (i.e., agrees with your employer), you may file an appeal with the ECAB. In your initial appeal to the ECAB, you may not introduce any new evidence. To be heard, your request for appeal must get to the ECAB within 180 days of the hearings official’s rejection of your claim.

Filing an Application for Reconsideration

If you have new evidence to support your claim, you can file a request for reconsideration. You may not, however, file such a request in the absence of new evidence. A request for reconsideration allows you to have a new review of your case based on the merits, and allows you to appeal again if your claim is rejected.

Contact Uliase & Uliase

For an appointment with an experienced New Jersey federal workers’ compensation lawyer, contact us online or call our office at (856) 310-9002. We meet with clients weekdays between 9 a.m. and 5 p.m. We offer a free consultation for injured workers.