When you sustain an injury while working your federal job, especially one with stringent deadlines and demanding tasks, you may feel anxious to return to work as soon as possible to keep up your income. Thankfully, workers’ compensation helps bridge the gap between your injury date and the time you can safely return to work, but exactly how long can you be on federal workers’ compensation? Let us tell you what you need to know.
Understanding Federal Workers’ Compensation
The Federal Employees’ Compensation Act (FECA) provides federal workers’ comp benefits via the Office of Workers’ Compensation Programs (OWCP) within the U.S. Department of Labor. These benefits help cover income gaps caused by on-the-job injuries or illnesses sustained by civilian employees of the Federal government.
FECA paid out $58.9 billion in federal workers’ compensation benefits to 2.6 million civilian federal employees in one recent year. These benefits helped cover wage loss, medical care, vocational rehabilitation, schedule awards for permanent impairment, and survivor benefits – and none of these benefits had any universal statutory maximum duration.
Additionally, the Department of Labor estimates that federal workers’ compensation claims with reported lost time or injuries will reach about 36,000 annually through 2025.
Duration of Federal Workers’ Compensation
Because the law does not specify a universal maximum duration for federal workers’ compensation benefits, how long you can receive your individual payout can depend on the severity of your injury, your recovery progress, and your ability to return to work.
In certain circumstances, the government can pay out your federal workers’ compensation indefinitely, as long as you are unable to return to suitable work due to injury.
The FECA also has a statutory deadline for federal workers’ compensation claims. Victims must file their claims within three years of their date of injury.
Federal workers’ compensation benefits can provide you with both short-term and long-term support, depending on your situation.
Short-Term Benefits
In the short term, you may receive any combination of the following:
- Continuation of Pay (COP), which can pay out your full salary for up to 45 days in the case of traumatic injuries
- Medical Benefits, which help cover all reasonable and necessary medical treatments
- Wage-Loss Compensation, which decreases to either 2/3 or 3/4 of your pre-injury wages, depending on whether you have dependents
Long-Term Benefits
For long-term or permanent disabilities, benefits may include the following:
- Ongoing Wage-Loss Compensation, which continues your payment at the 2/3 or 3/4 rate
- Scheduled Awards, which the government gives for permanent impairment of specific body parts; FECA determines the amount and duration of these awards by the nature and extent of your disability
- Vocational Rehabilitation, which can help you return to gainful employment
- Medical Care, which will help pay for your long-term medical care, including surgery, therapy, prescriptions, rehabilitation, and travel expenses
- Partial Disability Benefits, which can kick in if you return to work but do not receive wages equal to those of your prior position
- Death Benefits, which help in case a federal worker dies due to a work-related injury or disease
Extending Federal Workers’ Compensation Benefits
If you require federal workers’ compensation benefits beyond the initial approval period, you must provide ongoing medical evidence supporting your disability claim. The OWCP will likely request second opinions, proof of examinations, and treatment protocols to verify whether your alleged injury still exists, and if you fail to submit any requested documentation on time, the OWCP could revoke your workers’ compensation benefits.
If you want to extend your benefits, keep these tips in mind:
- Make sure to provide the OWCP with timely medical reports and regular updates from your treating physician.
- Follow all prescribed medical treatments and comply with all instructions from your physician.
- Participate in vocational rehabilitation efforts, if directed.
Of note: Since the passage of the Federal Employees’ Compensation Act of 1916, several members of Congress have raised concerns about levels of benefits and potential costs, specifically that the breadth of the workers’ compensation program effectively creates a general pension.
Navigating the Federal Workers’ Compensation Process
To obtain and maintain the federal workers’ compensation benefits you need, follow these steps:
What Documentation Do I Need?
To maintain your benefits, especially for long-term cases, make sure to preserve the following documentation:
- Medical evidence and regular medical reports that describe your condition
- Work status forms that verify your ability (or inability) to work
- Vocational rehabilitation reports from any caseworkers assigned to you, if applicable
If you need more information on filing claims and managing benefits, the OWCP offers a free web-based application called the Employees’ Compensation Operations & Management Portal (ECOMP) to help you file your claim.
What Can Lead to Termination of Benefits?
In certain cases, the OWCP can decide to terminate your benefits for many reasons, including the following:
- If you make a complete medical recovery from your injury
- If you return to your former position or another suitable position
- If you fail to comply with requested medical examinations or vocational rehabilitation efforts
- If you fail to report any requested income or earnings
Questions? Call Ted A. Greve & Associates
If you need guidance while pursuing federal workers’ compensation benefits, contact an experienced workers’ compensation lawyer at Ted A. Greve & Associates. We have an intimate understanding of the recovery process and vast experience helping our clients demand the workers’ compensation benefits they’ve earned. We can guide you through every step of the process, from filing your initial claim to fighting for the benefits you deserve.
Additionally, Ted A. Greve brings his decades of medical experience as a chiropractor to workers’ compensation claims like yours. The firm benefits from his unique background, which allows us to provide our clients with informed insight into complex medical situations.
Call us today or fill out our online form to get started with a free consultation. Our office location in Charlotte, North Carolina, allows us to serve clients throughout the state. Don’t go through the process alone – you need a dedicated legal advocate on your side. Reach out today!
