Federal Workers’ Compensation FAQs
Attorneys Answering Frequently Asked Questions About Federal Workers’ Compensation Benefits
Navigating the federal workers’ compensation system can be confusing, especially when your ability to work has been affected by a medical condition, a serious injury, or a significant amount of mental stress. The Office of Workers’ Compensation Programs (OWCP) provides vital benefits to federal employees who experience injuries, illnesses, or mental health issues that have a direct connection to their job duties. At The Devadoss Law Firm, P.L.L.C., we help federal workers understand their rights, and we can answer questions about the claims process. Below are answers to some of the most frequently asked questions we receive:
Who Is Eligible for Federal Workers’ Compensation Benefits?
Workers’ compensation benefits are available to most federal employees, including full-time, part-time, and temporary workers. These include employees in agencies such as the U.S. Postal Service, the Department of Homeland Security, the Department of Veterans Affairs, and many others.
To qualify for workers’ compensation, a medical condition must be directly related to federal employment. Applicable conditions may include:
- Injuries that are caused by workplace accidents
- Repetitive stress or repetitive motion injuries related to work-related tasks
- Aggravations of pre-existing conditions caused by accidents or workplace conditions
- Occupational diseases
- Mental health conditions that are directly related to work duties or incidents
How Is Wage-Loss Compensation Calculated?
Wage-loss compensation may be paid to workers who are disabled and who are unable to perform their job due to a work-related injury or illness. When a person experiences a total disability, benefits will generally be calculated as follows:
- Two-thirds (66 and 2/3 percent) of the employee’s regular pay if the worker has no dependents
- Three-quarters (75 percent) of the employee’s regular pay if the employee has one or more dependents
In cases where a person suffers a partial disability and can only to return to work on a part-time basis or in a position that provides reduced pay, these percentages will be applied to the difference between their post-injury and pre-injury earnings.
Can I Choose My Own Doctor?
Yes. Federal employees have the right to choose their treating physician, mental health providers, and other medical providers when filing a claim under OWCP. However, a provider must be authorized to provide care by OWCP.
Does Workers’ Compensation Cover Emotional or Psychological Conditions?
Yes, emotional and psychological conditions are covered under FECA if they are clearly linked to federal employment. Common qualifying mental health conditions include:
- Job-related anxiety or panic disorders, including increased levels of stress due to the threat of termination, increased responsibilities after the termination of other employees, or concerns about changing conditions in the workplace
- Post-traumatic stress disorder (PTSD) due to a traumatic work incident, including an accident that affected an employee or co-worker, as well as violent incidents or threats against federal employees
- Disorders caused by stressful or hostile work environments, including situations where workers may face inquiries or investigations
To be approved, the claim must include medical evidence from a licensed mental health professional and a clear, fact-based explanation of how the condition was caused or worsened by specific events or duties on the job. Workers’ compensation can help ensure that employees who experience these conditions will be able to receive the proper treatment, as well as compensation for income lost due to time away from work.
What Is Continuation of Pay?
A federal worker who suffers a traumatic injury while at work may be entitled to up to 45 days of continuation of pay benefits. During this period, a person will continue to receive 100 percent of their regular salary, and they will not be required to take sick leave. If a person continues to be affected by their condition after 45 days, they may be eligible for wage-loss benefits that will address a partial or total disability.
What Happens if My Claim Is Denied?
If OWCP denies your claim, you still have options. Our attorneys can help you:
- Request reconsideration with new or additional evidence
- File an appeal with the Employees’ Compensation Appeals Board (ECAB)
We will look at the stated reasons for a denial, gather supplemental evidence, and present a strong appeal. Many claims are initially denied due to incomplete documentation, and we can provide the correct information and advocate for the approval of benefits after a legal review.
What Benefits Are Available for Permanent Disabilities?
If an injury causes a lasting impairment, a federal employee may qualify for scheduled benefits. These benefits will provide them with compensation for the loss of a limb or the inability to fully use certain body parts. In these cases, benefits are calculated using a schedule that details how many weeks of income will be paid for specific body parts.
In cases of total permanent disability, a worker may receive wage-loss compensation on a monthly basis, along with continued medical care. These benefits will be paid throughout the rest of the person’s life.
Do I Have to Return to Work if I Am Not Ready?
OWCP may encourage or require participation in vocational rehabilitation or return-to-work programs. If a treating physician believes that an employee is not yet ready to return to their previous position or other positions that may be available, medical evidence supporting continued disability must be provided. If OWCP determines that a person is medically cleared to return to work, and they refuse a valid job offer without justification, workers’ compensation benefits may be reduced or terminated.
Contact Our Federal Workers’ Compensation Lawyers
At The Devadoss Law Firm, P.L.L.C., we provide legal guidance for federal workers nationwide, helping employees overcome the challenges of filing workers’ compensation claims or responding to denials. To arrange a free consultation and learn more about how we can evaluate a condition, file a claim, communicate with the OWCP, or assist with an appeal, contact us today at 866-460-0994.