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Attorneys Erik Blowers and Mitchell Henshaw break down the OWCP claims process, common misconceptions, and challenges federal employees face when seeking workers’ compensation benefits. Learn why a medical diagnosis alone may not guarantee claim acceptance, how processing delays can affect your claim, and why timely action matters.
The speaker has been a lawyer since 1989 and was a federal worker until 2005. They began specializing in helping injured federal workers around 2016-2017, starting with a small firm that has since grown. The practice merged with another firm in 2023 to specialize further, emphasizing the importance of experience in this area.
OWCP, or the Office of Workers’ Compensation Programs, is a division of the U.S. Department of Labor that handles injury claims for civilian federal workers. It operates under the Federal Employees Compensation Act, providing coverage for work-related injuries without requiring proof of employer negligence. The process is intended to be non-adversarial, but it can be complex, often necessitating experienced guidance to navigate effectively.
Decisions are primarily made by claims examiners at OWCP, who review medical evidence and decide on claim acceptance. Recently, quality assurance managers have been involved in certifying payments, creating bottlenecks due to their limited numbers. This complexity requires navigating multiple parties, including second opinion physicians and district medical advisors, before a final decision is reached.
Significant reductions in claims examiner workforce due to government cutbacks have led to longer processing times. Claims now take 60 to 120 days for acceptance, depending on the type. The shortage in personnel and the need for multiple levels of approval create delays and challenges for federal employees seeking timely claim resolutions.
A common misconception is that OWCP claims settle like lawsuits, but they don’t; they provide ongoing disability payments. People also mistakenly believe once a claim is accepted, all issues are resolved, but each medical treatment still requires approval. Additionally, OWCP compensation is not equivalent to regular salaries, with payments based on a percentage of income and without overtime.
A frequent mistake is delaying the filing of claims and seeking medical treatment. Immediate action and obtaining a proper diagnosis are crucial. Waiting can result in negative evidence against claimants. Employees also err by not seeking guidance from attorneys or union reps when facing complex OWCP processes.
Understanding the complexities of OWCP can prevent pitfalls in the claim process. Although it’s challenging to master the entire system, awareness of the process and seeking timely help can significantly improve the chances of a successful claim. Missing deadlines or failing to address issues promptly can lead to further delays and complications.
