The Federal Employment Compensation Act

If a mail carrier slips on a patch of ice and is injured while delivering mail, FECA is there to help cover medical treatment costs and any wages lost while recovering. The Department of Labor (DOL) provides this support through FECA.

Read on to learn the answers to frequently asked questions about how the Federal Employees’ Compensation Act protections apply to federal employees.

Navigating workers’ compensation benefits can be overwhelming. Fortunately, a workers’ comp attorney can provide legal advice specific to your claim for compensation. A lawyer can guide you through the FECA claims process and help gather the necessary evidence to support your case. They can also advocate on your behalf if your claim is denied or delayed.

What is the Federal Employees’ Compensation Act?

If you are a federal employee, you are likely covered under the Federal Employees’ Compensation Act (FECA). FECA allows for the recovery of benefits when a federal employee is either disabled or killed as a result of an injury or disease sustained while performing their work or duties.

FECA is available to federal employees regardless of the time on the job or the type of position held. Benefits include both medical expenses and compensation for wage loss. Vocational rehabilitation services are also offered to partially disabled employees. All federal benefits are managed through the Office of Workers’ Compensation Programs (OWCP) and paid out of the Employees’ Compensation Fund.

Who is covered under the Federal Employees’ Compensation Act (FECA)?

FECA covers all civilian employees of the United States government, except those paid from non-appropriated funds. There is also special legislation that provides coverage to:

• Peace Corps and VISTA volunteers
• Federal petit or grand jurors
• Volunteer members of the Civil Air Patrol, Reserve Officer Training Corps cadets, Job Corps, Neighborhood Youth Corps, and Youth Conservation Corps enrollees, and
• Non-federal law enforcement officers under certain circumstances involving crimes against the United States.

Anyone who works for the federal government can use FECA. Full-time and part-time workers are covered. FECA is there for all federal employees. Whether you’re a park ranger at Yellowstone or a scientist at NASA, you are eligible for FECA protections.

What type of work-related injuries does FECA cover?

Many types of injuries are covered if they occur during the performance of federal employees’ duties, including diseases caused by employment. However, benefits cannot be paid if injury or death is caused by:

• Willful misconduct of the injured worker
• Intent to bring about the injury or death of oneself or another
• Intoxication of the injured employee

FECA covers several types of work-related injuries. Whether it’s a sudden accident like a mail carrier’s slip or an occupational disease that develops over time, FECA has you covered.

What requirements must a claim meet?

To make a claim, an injured employee must provide medical and factual evidence to establish the following five basic elements:

• The claim was filed within the time limits set by the FECA
• The injured or deceased person was an employee within the meaning of the FECA
• The employee actually developed a medical condition (or damaged a prosthesis) in a particular way
• The employee was in the performance of their duty when the event(s) leading to the claim occurred
• The medical condition found resulted from the event(s) leading to the claim

To benefit from FECA, you’ll need to check a few boxes. You must show that you suffered a personal injury or disease. You’ll also must show that it happened because of your work. This is known as “performance of duty.”

How much am I compensated under FECA?

Section 8114—Computation of pay outlines compensation guidelines for claimants.

Compensation is based on the employee’s average annual earnings, divided by 12 for monthly pay or 52 for weekly pay. For short-term total disability (up to 90 days), pay may be based on actual daily wages. In some situations, the government may pay benefits as a one-time lump sum instead of monthly payments.

Determining average annual earnings depends on how long the employee worked before the injury:

• If they worked most of the prior year and had a fixed salary, that salary is used
• If they had a fluctuating daily wage, it’s multiplied by a standard number of workdays
• If they didn’t work the full year, earnings are estimated based on similar employees
• If none of these apply, a fair estimate is made, but it must be at least 150 times the average daily wage

Regular pay includes things like housing or food allowances and certain premium pay. It excludes overtime, overseas cost-of-living adjustments, and bonuses for hazardous work.

If the injury results in total disability, then monthly compensation is two-thirds of the employee’s monthly pay. The statute defines total disability as the loss of use of:

• Both hands
• Both arms
• Both feet
• Both legs
• Both eyes (loss of sight)

Compensation Schedule

If you suffer a permanent injury to a body part (like losing a finger or hearing loss), you may be eligible for a schedule award. This is a set amount of compensation based on the body part affected.

This means you’ll receive two-thirds of your monthly pay for a specific number of weeks, depending on the impairment. For example:

• Arm: 312 weeks
• Leg: 288 weeks
• Eye: 160 weeks
• Thumb: 75 weeks
• Hearing loss (both ears): 200 weeks

See the statute for the full compensation schedule.

Is there a time limit for filing my claim?

Yes. A notice must be filed within three years of the date of injury. For traumatic injuries, the clock begins from the date the injury occurred. For dormant or inactive conditions, the clock starts once the employee becomes aware or reasonably should’ve known of a connection between the injury/disability and the work incident that caused the injury/disability.

If a claim is not filed within three years, you may still receive compensation if you submitted written notice of injury within 30 days. You’re also still eligible if your employer had actual knowledge of the injury within 30 days after it occurred.

There’s a timeline for filing your FECA claim. You must file within three years of your injury. But there are some exceptions if the injury is a disease that develops slowly.

What do I need to do to get federal injury benefits?

If you’re injured, getting medical help is your first priority. Your treating physician will be a key player in your claim. After meeting with your medical provider, report your injury to your boss and start your FECA claim.

Start your claim online using your Employees’ Compensation Operations and Management Portal (ECOMP) account. You do not need permission from your employer to start your claim.

Then, you must file either Form CA-1 Notice of Traumatic Injury or Form CA-2 Notice of Occupational Disease, depending on your injury or disability.

Contact the Federal Employees Program Office to check the status of your claim. When you call, have your claim number and Social Security number ready.

You might also need to talk to an attorney, especially if your claim is complex. They can guide you through the claim process, including gathering medical documentation and other evidence to support your case. If the OWCP denies your claim, your attorney can help appeal the decision with the Employees’ Compensation Appeals Board.

Get Legal Help With Your Workers’ Compensation Claim

Even the simplest injury can lead to considerable obstacles. This includes proving that the injury was work-related or covered by insurance. In any event, your federal employer is required by law to provide fair compensation in the event of a workplace injury or illness.

Lawyers who know FECA can help you through the claim process. They can help ensure you get the benefits you deserve.

If you have questions about your claim, speak with a workers’ comp attorney near you. With experienced legal support, you’re more likely to receive the full benefits you’re entitled to under federal law.