Overview of Office of Workers' Compensation Program (OWCP) at NIH
Introduction
The Office of Workers' Compensation Programs (OWCP), under the Department of Labor (DOL), is responsible for providing benefits to civilian employees of the United States for disability due to personal injury or disease sustained while in the performance of duty. The staff at the Occupational Medical Services (OMS) administer the program for NIH. The following is general information regarding Workers' Compensation policies and procedures.
Definitions
Traumatic Injury - A wound or other condition of the body caused by external force, including stress or strain. Must be identifiable by time and place of occurrence and member of the body and must be caused by a specific event of series of events or incidents within a single day or work shift.
Occupational Disease - A condition produced in the work environment over a period longer than one work day or shift. May result from systemic infection, repeated stress or strain, exposure to toxins, poisons or fumes, or other continuing conditions of the work environment.
Performance of Duty - Coverage includes injuries that occur while on agency premises during working hours, while on the premises for a reasonable length of time before or after working hours, in agency parking facilities, on official travel, or engaged in formal or agency-sanctioned recreation. Other circumstances may be considered.
Procedures after Sustaining a Traumatic Injury
As soon as the traumatic injury occurs, the employee should report to OMS (http://dohs.ors.od.nih.gov/OMS_main.htm). OMS will triage the injury, making decisions as to severity, preliminary diagnosis, and immediate care. If the injury occurs after working hours or on travel, the employee may go directly to an emergency room for treatment, but should report to OMS at the earliest time possible. OMS will furnish the appropriate forms to the employee and assist him/her in filling them out.
Once the forms are completed, they should be given to the employee's supervisor no later than 30 days from the date of injury. After the supervisor has completed the form, he/she must sign it, give the receipt attached to the form to the employee, and give the employee a copy of the entire form. The supervisor should also discuss continuation of pay (COP) and other facts that may be pertinent to the injured employee.
The forms should be returned to OMS by the supervisor within two (2) days of receipt from the employee. If the employee incurs medical expense or loses time from work beyond the date of injury, the forms will be sent to OWCP by the NIH Workers' Compensation Specialist, along with supporting documentation.
Procedures after Developing an Occupational Disease
The injured employee reports the occupational disease to OMS. The appropriate forms are given to the employee and assistance is given in filling them out. Again, the supervisor completes his/her section, signs it, and gives the receipt and a copy of the entire form to the employee. The forms should be returned to OMS within two (2) days of receipt from the employee for forwarding to OWCP.
Further Timeframes
The law provides that a claim for compensation must be filed within three (3) years of the injury or death. However, even if the claim is not filed within three years, compensation may still be allowed if written notice of injury was given within 30 days or if the immediate supervisor had actual knowledge of the injury or death within 30 days of occurrence.
For traumatic injury, the time limit begins to run on the date of injury. For an occupational disease, it begins to run when an injured employee becomes aware of a possible relationship between the medical condition and the employment (for example, asbestosis takes many years to manifest itself).
Types of Compensation
A. COP - A special leave category which entitles employees to have their regular pay continued with no charge to their own leave for up to 45 calendar days (including weekends, holidays, and non workdays) of disability and/or medical treatment following an on the job injury. NOTE: COP is not granted for an occupational illness - see definition above.
B. Medical services - Authorized for treatment of any condition which is causally related to factors of Federal employment. Employees are entitled to all services, appliances, and supplies prescribed or recommended by qualified physicians which, in the opinion of OWCP, are likely to cure, give relief, reduce the degree or the period of compensable disability, or aid in lessening the amount of monthly compensation.
C. Disability Benefits
- Temporary Total Disability - Payable after COP ends or from the beginning of pay loss. Without dependents, entitlement is 66.67% of salary at time of injury; with dependents, entitlement is 75% of salary at time of injury.
- Schedule Awards - Provided for specified periods of time for the permanent loss, or loss of use, of certain members and functions of the body. Partial loss or loss of use is compensated on a proportional basis.
- Loss of Wage-Earning Capacity - If employee is re-employed at a lower-paying job, compensation will be paid for the difference.
- Other Compensation - Disfigurement, attendant's allowance, and house and vehicle modifications may also be compensated.
- Leave Buy Back - Leave repurchase is available, if applicable.
D. Death Benefits - Survivors of an employee whose death is work-related are entitled to benefits that may include compensation payments, funeral expenses, transportation for the remains, etc.
PLEASE NOTE: The above is intended merely to give general information regarding OWCP claims. For in-depth information concerning any aspect of the program or for assistance in filling out the appropriate forms, you may contact OMS on (301) 496-4411 or Mieassa Greene, Compensation Specialist on (301) 496-9822.
