What Are Federal Workers Compensation Claims?

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Robert Golan

Most employees who work for the federal government are covered under the Federal Employees Compensation Act, also called FECA.

Eagle representing FECA for federal employees’ workers compensation Nassau, NY

History

An early version of this act was created in 1882 and updated in 1908. The version which is used today was signed into law in 1916, however, there have been many amendments added to it.

Why Does It Exist?

When employees work for private companies their worker’s compensation is determined on a state by state basis. Private employees also have the ability to sue their employer if their injury or illness was due to negligence.

Federal employees aren’t covered by individual state laws and they aren’t able to sue the United States of America, their employer, even if it was employer negligence that caused their injuries. As a result, the government introduced FECA to offer their civilian employees protection usually given to private employees through their state.

For more information on workers compensation laws in Long Island click here.

What Does Federal Workers Compensation Offer?

FECA offers compensation including continuation of pay and survivor benefits if a federal employee is injured in the course of their duties or if they become ill due to exposures they contacted while doing their job.

FECA is only for most people employed directly by the federal government in civilian positions. In many cases, it does cover volunteers and students participating in ROTC programs. It does not cover military personnel or government contractors.

Injuries covered by FECA cannot occur while intoxicated, be intentionally brought on by the employee, or occur during acts of employee misconduct.

How Do I File?

In order to submit a claim, workers must report their injuries according to the departmental policies, fill out the Federal Employees Notice of Traumatic Injury and Claim for Continuation of Pay/Compensation, and submit a copy to their employer as per policy.

FECA allows employees to choose which medical providers will treat them. They do not have pre-approved physician’s lists as some private employers do.

Generally, claims should be filed within 3 years. Some claims filed after that time may be accepted if the employee’s supervisor knew about the injury within 30 days of occurrence.

Twelve offices nationwide handle all Federal Workers Compensation claims, so it is preferable to have a professional assist you in filing. For Federal Workers Compensation Claims hire a skilled and knowledgeable attorney. Robert Golan practices law in Long Island, Queens, Nassau, and Suffolk New York. Call (516) 586-3910 for a free lawyer consultation.

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