California Federal Workers' Compensation Attorney

Acquiring Federal Workers' Compensation

man filling out a workers' compensation form

If you have suffered injuries on the job, you can file a claim against your employer to attain compensation through federal workers' compensation. However, it is integral to understand federal workers' compensation and how it works before you consider filing the claim.

All civil officers and employees working for the federal government are covered in the Federal Employees Compensation Act (FECA). This act offers a percentage of lost wages and medical expenses of the employee who has suffered work-related disease or injury.

Since the process can be complicated, it is wise to consult to Los Angeles federal workers' comp attorney, to assist you with the claim. The Law Office of Andrea R. Herman specializes in workers' compensation and has helped multiple employees in California with federal workers' compensation.

What is the Federal Employees Compensation Act (FECA)?

The FECA is a part of the federal law and administered by the Office of Workers Compensation Programs (OWCP), applicable to all employees working in the federal government and related organizations who have suffered from work-related illness or injuries.

According to this act, compensation and benefits must be offered to any federal employee who has suffered work-related disease or injuries. These benefits might include payment to the deceased employee's dependents who died due to work-related illness or injury, wage loss compensation, and medical expenses.

FECA also offers vocational rehabilitation for employees who have partial disabilities and are returning to work after the treatment.

Eligibility of FECA

Eligibility of FECA

To be eligible for the FECA program, you must either be:

  • A federal employee who has suffered a work-related disease or injury; or
  • A dependent of a federal employee who passed away because of a work-related disease or injury

For civilian employees working overseas under U.S. government contracts, the Defense Base Act provides extended workers' compensation benefits beyond the standard federal coverage. However, federal employees engaged in maritime activities, such as dock or shipyard operations, may be covered under the Longshore and Harbor Workers’ Compensation Act, which provides benefits tailored to maritime workers.

Difference between Occupational Illness or Disease and Traumatic Injury

The type of injury an employee suffers from can also significantly impact the claim. An occupational illness or disease, or traumatic injury can affect the benefits and pay continuation under this act. Therefore, it is essential to understand the difference between the two.

Traumatic injury is a condition or wound caused due to external force, including strain or stress. The injury must happen at a specific place and time and should affect a body's function. The injury should be due to a certain incident or event or a series of incidents or events within a work shift.

An occupational illness or disease is a condition that occurred due in the work environment over a long time. This condition could be caused due to repeated strain or stress, an infection, or repeated exposure to fumes, poisons, toxins, and continuing work conditions.

The exposure length, instead of the injury cause or the medical condition caused due to it, is what determines whether the injury is occupational or traumatic. 

Benefits and Conditions of FECA

FECA offers compensation to dependents of the employees if the work-related disease or injury leads to the employee's death. However, these benefits can't be paid in case the death or injury occurred because of willful misconduct or the intention of the employee to bring the injury or harm to themselves or if the employee had been intoxicated that caused the death or injury.

The system of this act is different from the systems of state workers; compensation in multiple ways, including:

  • There isn't any involvement of the third-party administrator, and all claims are handled by the Department of Labor (DOL).
  • FECA covers all claim-related medical expenses, including prescriptions, surgery, and rehabilitation. If the employee gets partially disabled due to the injury and has been cleared by a physician to return to work for a certain time for every shift, DOL pays three-quarters or two-thirds of the gross salary, based on whether the injured has dependents.
  • FECA also offers lost wages compensation if a worker suffers a temporary disability or can't work due to occupational disease or industrial injury. The worker will be compensated up to the initial 45 days of lost wages. In case the worker's condition continues after 45 days, they will be compensated for those lost wages as well.
  • Additional benefits are offered in case the work-related illness or injury results in permanent total or permanent partial disability. The compensation amount would depend on the severity of the disability and how it impacts the earning capacity in the future. The workers with dependents are compensated with increased pay.

Medical Treatment

The medical treatment and conditions compensated under FECA are as follows, along with the conditions:

  • The injured worker will be compensated for hospital, surgical, and medical supplies and services required for the treatment and the transportation cost to attain care. 
  • The injured workers can choose the hospital or physician based on their preference to get the treatment they need. Changes made in the choice of the physician after that should be authorized by OWCP unless the attending physician has referred this change.
  • There aren’t any liens applicable regarding the medical benefits.
  • The agency might request another opinion as a routine even when there has been thorough documentation of the medical treatment.

Since the system of federal workers' compensation is complicated, it is essential to consult a knowledgeable and experienced federal workers' comp attorney to ensure you get the proper compensation and benefits you deserve. 

What Happens If You Are Not Satisfied with the Decision?

In case you don’t receive a decision, you are satisfied with, you have a chance to appeal the decision. There are two ways to file an appeal.

  • If new evidence has been found after the decision was made by the OWCP, you can ask for a reconsideration within a year of the decision.
  • In case of the denial of the reconsideration request, you can file for a review or oral hearing within 30 days of the original decision.

Even if these options don’t work, you can file an appeal to the Appeals Board within 90 days of the original decision. If you want to file a federal workers' compensation claim or are unhappy with the decision, you must consult an experienced attorney. The Law Office of Andrea R. Herman helps federal employees in Los Angeles, CA, with federal workers' compensation claims. Get in touch to book your appointment for an initial consultation to discuss your case.

Frequently Asked Questions

How long does it take to receive benefits from a Federal Workers' Compensation claim?

The timeline for receiving Federal Workers' Compensation benefits can vary depending on the complexity of your case and how quickly your claim is processed by the Department of Labor. On average, it can take several weeks to months from initial filing to receiving benefits. Partnering with a Long Beach attorney who specializes in federal claims can help you avoid common delays by ensuring your paperwork is complete and accurate from the start.

Are psychological injuries covered under Federal Workers' Compensation?

Yes, psychological conditions such as anxiety, depression, or post-traumatic stress disorder (PTSD) can be covered under Federal Workers' Compensation if they are directly related to your job duties or workplace environment. These cases can be more complex to prove, especially in California, and often require detailed medical evidence. A knowledgeable Long Beach attorney can help build a strong case that links your mental health condition to your federal employment.

What is the difference between filing a CA-1 and a CA-2 for a federal workers’ compensation claim?

A CA-1 is used for a traumatic injury that can be pinned to a single shift or event. A CA-2 is used for an occupational disease that develops over more than one work shift due to exposures or repetitive activities. Both can be filed online through ECOMP, which is the Department of Labor’s system. Choosing the correct form helps ensure proper evidence development and processing. The DOL provides step-by-step filing instructions and definitions. Ask your agency and your clinician to document the date, mechanism, and exposures consistently with your form type.

Do federal employees receive continuation of pay and how does the 45-day rule work?

For most traumatic injuries, agencies must continue the employee’s regular pay for up to 45 calendar days if eligibility criteria are met. This benefit is called continuation of pay and is paid by the employing agency, not OWCP. Employees must file timely notice and begin losing time within the required window. Federal regulations define COP and outline agency responsibilities. Program materials also discuss the 45-day framework and related rules. Properly invoking COP can help bridge income while OWCP adjudicates the claim.

What is a schedule award under FECA and who can qualify?

A schedule award is a payment for permanent impairment to specific body parts or functions listed in FECA. To qualify, you must reach maximum medical improvement and have a medical impairment rating using the AMA Guides edition specified by OWCP. You cannot receive wage loss compensation and a schedule award for the same period for the same injury. The governing regulation explains how OWCP evaluates impairment and calculates awards. DOL guidance provides plain-language details about the process and documentation. Talk with your treating physician about MMI and whether your condition is ratable.

How do I file my CA-1 or CA-2 in ECOMP, and what happens after I submit it?

You begin by creating or using an existing ECOMP account, selecting your employing agency, and completing the correct form online. ECOMP provides step-by-step guidance, tutorials, and electronic signatures to finalize your submission. After you submit, your agency reviews and forwards the package to OWCP for case creation and adjudication. The OWCP Federal Employees’ Compensation program explains the overall process and what to expect. Keep copies of your confirmation and any uploaded medical documents. Monitor ECOMP for status updates and respond promptly to any development letters.

What time limits apply for notice and filing a FECA claim, and are there exceptions?

Federal regulations require timely written notice of injury to the employing agency, and FECA sets time limits for filing claims. As a general rule, the statute of limitations for filing a compensation claim is three years, with certain exceptions. The regulations also detail how timely knowledge by the employing agency can preserve a claim even if formal filing is later. Occupational disease cases have special timing rules tied to awareness of the disease and its relation to work. Missing deadlines can jeopardize benefits, so document discovery dates carefully. Review the regulation and statute for the precise rules and exceptions.

What happens if I receive a modified duty job offer under FECA, and what if I refuse it?

OWCP evaluates whether a job offer is suitable based on your medical restrictions and other factors. If OWCP finds the job suitable, refusing it without good cause can lead to termination of wage loss compensation. The regulations describe how suitability is determined and how notices are issued before any action is taken. You should respond in writing with medical support if you believe the job exceeds your restrictions. Rehabilitation counselors and vocational services may also be involved in return-to-work efforts. Review the suitability and refusal rules before deciding how to proceed.

Do I need legal representation to file a Federal Workers' Compensation claim?

While legal representation isn't mandatory, having an attorney can significantly improve the success of your claim, especially in complex cases involving denied benefits, long-term disability, or appeals. Our firm in Long Beach, California has helped countless federal employees navigate this highly regulated system. If you need support with your claim, contact us to discuss your case with an experienced attorney who understands the federal process.

Additional Information in Long Beach, CA

  • U.S. Department of Labor - OWCP Federal Employees Program: explains the full range of benefits available to federal employees through the Office of Workers' Compensation Programs (OWCP). It offers a breakdown of eligibility, covered injuries, the claims process, and downloadable forms. The site also includes contact information for OWCP district offices, making it a valuable starting point for injured federal employees in California.
  • California Division of Workers’ Compensation – Injured Worker FAQ: provides answers to frequently asked questions for injured workers navigating the state’s workers' compensation system. It covers topics like medical treatment rights, temporary and permanent disability benefits, and how to resolve claim disputes—making it a helpful reference point for understanding how California's system differs from Federal Workers' Compensation.
  • U.S. Office of Personnel Management – Related Federal Benefits Overview: provides federal employees with detailed information about benefits that may coordinate with or supplement federal workers’ compensation, including retirement, life insurance, and disability programs. This resource helps injured workers understand how other benefits intersect with FECA and long-term compensation.

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