Employees
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General Information
HR Advisor
HR Advisor: Volume 4, Issue 1, March 2011

Injury Compensation

What To Do When Injured At Work?

If you are injured at work, you may be entitled to injury compensation benefits provided under the Federal Employees' Compensation Act (FECA). Federal employees have certain rights and responsibilities in filing for these benefits:

  • Immediately report any work-related injury to your supervisor. If your injury requires medical treatment, obtain care as soon as possible. If you sustain a traumatic injury, you may obtain a Form CA-16, Authorization for Examination and/or Treatment from your supervisor, local Human Resources Representative or the DoDEA Headquarters Benefits Unit.
  • You have a right to choose your treating physician. You may elect to be treated by a physician at a military treatment facility (if available) or by a duly qualified physician of your choice who is not excluded by the Office of Workers' Compensation Programs (OWCP). You must notify your supervisor of your preferred choice prior to scheduling an appointment. Any request by your supervisor or the occupational health clinic that you be evaluated by a medical clinic or contract physician must not interfere with your preferred physician appointment.
  • To protect your rights to certain benefits, complete the Form CA-1 or CA-2 with your supervisor as soon as possible, but not later than 30 days after your injury. Complete a Form CA-1, Federal Employee's Notice of Traumatic Injury and Claim for Continuation of Pay/Compensation if your injury results from a specific event or a series of events during one day or shift. If you develop a condition due to prolonged exposure lasting more than one day or shift, complete a Form CA-2, Federal Employee's Notice of Occupational Disease and Claim for Compensation. Your supervisor will submit these forms to the appropriate Injury Compensation Program Administrator (ICPA). Complete these forms as precisely as possible in order to avoid delays caused by asking you for additional information.
  • You may be asked to provide additional information. Although your supervisor or other agency representative may assist you, it is your responsibility to obtain the information needed to support your claim.
  • If you are temporarily unable to work because of your injury, you need to keep your supervisor informed about your medical condition, and return to work as soon as your physician allows you to do so. Light duty assignments may be available if you are not able to perform your regular job, and if so, you must advise your physician.

If you experience a work-related injury, your supervisor will tell you who to contact for assistance and additional information and can provide you with a rights and responsibilities letter. To protect your rights and receive benefits as quickly as possible, please do not delay in reporting work-related injuries.

Injury Compensation

The Federal Employees' Compensation Act (FECA) is administered by the Office of Workers' Compensation Programs (OWCP) of the U.S. Department of Labor (DOL). All civilian employees are covered under the Act. Employees are provided compensation benefits for disability due to personal injury sustained while in the performance of duty or due to employment-related disease. The FECA also provides for the payment of benefits to dependents if the injury or disease causes the employee's death.

The Department of Defense or any of its management officials do not have authority to approve or deny any employee's claim for compensation benefits. This authority lies solely within DOL.

Employees should report every job-related injury to their supervisor as soon as possible.

Eligibility

All employees of the Federal Government (including temporary employees)

Types of Injuries

Traumatic Injury - A traumatic injury is a wound or other condition caused by external forces including physical stress and strain. The injury should be identifiable as to the time and place of occurrence and the member or function of the body affected. Additionally, it must be caused by a specific event or incident or series of events or incidents within a single work shift. Employees sustaining traumatic injuries should complete form CA-1, Federal Employee's Notice of Traumatic Injury and Claim for Continuation of Pay/Compensation and submit the form to your supervisor, site manager, or local Human Resources Representative within 10 days of the date of injury.

Occupational Disease - An occupational disease is an illness produced by systemic infections, continued or repeated stress or strain, exposure to toxins, poisonous fumes, noise, etc., in the work environment over a period longer than 1 work day or shift. Employees filing claims due to an Occupational Disease should complete form CA-2, Notice of Occupational Disease and Claim to Compensation. Employees have up to 3 years to file this notice once they became aware or reasonably should have been aware of the causal relationship between the disease/disability and the employment.

Recurrence - A recurrence is when an employee has additional time lost from work and incurs a wage loss, or if the employee experiences a renewed need for treatment after previously being released from care and there was no intervening injury or new exposure to the work environment. To file a claim for recurrence, complete form CA-2A, Notice of Recurrence of Disability and Claim Continuation Pay/Compensation. All claims forms are processed by the DoDEA Headquarters Benefits Unit. Claim forms must be submitted through your local Human Resources Representative prior to submission to DoDEA Headquarters.

All forms are reviewed for completeness before submitting to OWCP. All blocks must be completed. If a question is not applicable, NA (not applicable) should be entered.

Leave and Compensation Status

Leave Status while Injured - Employees may elect annual leave, sick leave, leave without pay (LWOP), or Continuation of Pay (COP). COP is only available for traumatic injuries.

Continuation of Pay (COP) - The continuation of employees' regular pay by the employing agency for a maximum of 45 days with no charge to sick or annual leave. It is given only in traumatic injury cases (not for occupational disease or recurrence). In order to qualify for COP, injured employees must:

  1. Have a "traumatic injury"
  2. Complete and submit a CA-1 form within 30 days of the date of the injury
  3. Begin losing time from work due to the traumatic injury within 45 days of the injury

An employee is not entitled to COP if the agency successfully controverts a claim.

Types of Disability Benefits Payable

Temporary Total Disability - Employees are totally disabled to perform any type of work for a certain period of time.

Permanent Total Disability - Injury is so severe it leaves employees permanently and totally disabled for any type of work.

Permanent Partial Disability - Injury prevents employees from performing the job held at the time of injury; however, the injury does not prevent employees from performing some type of employment consistent with the work limitations imposed by the injury.

Benefits

Employees are entitled to compensation for wage loss following a 3-day waiting period as follows:

  1. Employees without dependents, 66 2/3 percent of their regular pay.
  2. Employees with dependents, 75 percent of their regular pay.

 

NOTE: In cases where the disability extends more than 14 calendar days, compensation will be paid for the 3 day waiting period. Employees' regular pay is the pay rate in effect on the date of injury, date of recurrence, or date disability began, whichever is higher. Also included are night and Sunday differential, holiday pay, hazard pay, and environmental differential. Overtime pay is not included.

Medical - Payment will cover first aid, medical treatment, hospitalization, and physician’s fees, as well as prescription drugs.

Attendant’s Allowance - If employees' condition requires a constant attendant, an additional amount up to $1,500 per month may be allowed.

Schedule Award - Compensation is provided for specified periods of time for the permanent loss, or loss of use, of certain parts or functions of the body.

Vocational Rehabilitation - Vocational rehabilitation may be provided to counteract the effects of any permanent illness or injury related to federal employment.

Benefits are payable only after claim has been approved

Death Benefits

Death Benefits - If no dependent children, the surviving spouse's monthly compensation is 50% of the employees pay. If there are dependent children, the surviving spouse will receive 45% of the employee's pay and each dependent child is entitled to 15%. The total monthly compensation cannot exceed the employee's pay or 75% of the monthly pay of the highest step for GS-15.

For additional information regarding work related injuries and compensation you may refer to the OWCP website at Division of Federal Employees' Compensation - Q&A Concerning Benefits of the Federal Employees' Compensation Act.