Workers’ compensation processes are confusing for most employees, but for federal employees, they can be even more complex because benefits are governed by an entirely different system – the Federal Employees’ Compensation Act (FECA) – rather than state law. With FECA, the rules, timelines, forms, and benefits are unique and don’t align with state laws; that’s why well-meaning advice from a coworker, friend, or medical care provider may not apply or help.
Federal employees are covered under FECA, which is administered by the U.S. Department of Labor through a sub-agency called the Office of Workers’ Compensation Programs (OWCP). This system has its own statutes, regulations, procedures, case law, and practices that can be challenging to navigate. State rules do not apply. It is this complex network that drives many injured employees eventually to seek assistance from federal workers’ compensation attorneys who understand the federal system and can help navigate the best path forward.
When you’re injured at work, federal law entitles you to medical treatment, wage replacement, protection from retaliation, and compensation for permanent impairment. CA-1 traumatic injuries may qualify for 45 days of Continuation of Pay as well as compensation for continued wage loss. CA-2 occupational and long-term injuries may qualify for wage-loss compensation. On top of that, many employees qualify for schedule awards for permanent impairment, benefits that can often be overlooked.
You have the right to choose your own doctor, but be cautious of clinics that promise “fast OWCP help” but don’t have a physician on-site or a reliable/proven track record of handling OWCP claims. If your care is not directed by a medical doctor (not a chiropractor, physician’s assistant, or nurse practitioner), you may wish to consider alternative care. You deserve to be seen by a physician who thoroughly evaluates your injury, documents it properly, and provides treatment and/or makes prompt specialist referrals as needed.
Under FECA, federal employees generally cannot sue the federal government for a workplace injury. The trade-off is that FECA provides benefits without requiring proof of fault. However, you can file a personal injury claim if a third party caused your injury. These dual claims must be carefully coordinated so that neither interferes with the other and benefits are maximized under both claims.
If you’re unsure whether your claim is being handled correctly or you feel your rights aren’t being respected, speaking with a federal workers’ compensation lawyer can help you get the benefits and treatment you deserve.
Contact the team at IFW Law Group today to best understand your workers’ compensation rights and legal opportunities.
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