Federal worker’s compensation claims are governed by their own laws and have their own courts. When you are choosing a federal worker’s compensation lawyer, it is important that you understand how FECA laws and the administrative process of OWCP work. The Office of Workers’ Compensation Programs (OWCP) oversees the claims process for federal workers. Just like state worker’s compensation claims, the federal workers’ compensation process can be long and tedious. There is also a chance that your claim will be denied. Contact us today at 833-635-2667 to review your case, and we will guide you through your next steps.
FECA is supposed to cover all medical treatment costs associated with the covered injury. OWCP plays a prominent role in determining what type of treatment you can receive for your work-related injury. Before filing a claim, you have the right to select your physician. Once your claim is approved, OWCP will gain control, determining the care you receive to treat the work-related injury. You and OWCP may sometimes have differing views on what care is necessary. You can file an appeal if you disagree with the OWCP decision about your medical care.
There are several different types of benefits that you are entitled to under a federal workers’ compensation claim. It is important that you understand what types of benefits you can claim after a federal workplace injury and what forms you will need for each one.
Medical Benefits
FECA laws give you the right to cover all of your costs associated with a federal workplace injury. This includes doctor visits, medical devices, therapy, medication, and surgery. You will also be allowed to select your doctor. Depending on the type of injury you have had and the type of treatment you will need, you may be eligible to receive compensation for these included costs.
Continuation Pay
Continuation pay is a benefit you can receive after being out of work due to a workplace injury. You can take up to 45 days off while being paid your full normal salary. You must file a Form CA-1 within 30 days to receive these benefits. Different rules apply to different federal employees for these benefits. Postal workers, for example, have a 3-day waiting period before they are eligible for continuation pay.
Wage Loss Benefits
You will be eligible for wage loss benefits once you have passed the 45 days or were denied your continuation pay. If you are single without dependents, these benefits are at a rate of ⅔ of your annual salary. Unlike some state workers’ compensation, your spouse is considered a dependent. This rate is raised to 75% if you have dependents. The type of benefits you can receive depends on whether you have a total or partial disability.
Death Benefits
If you have had a family member who has died due to a federal workplace injury, you may be able to claim some of their benefits to help you after this tragic loss. This will depend on your relationship with them, so it is important that you contact us today to find out how we can help 504-370-9627.
Vocational Rehabilitation
OWCP may arrange for vocational rehabilitation and provide a monthly maintenance allowance that can be capped at $200.00 monthly. A disabled federal employee participating in a vocational rehabilitation program is paid at the compensation rate for total disability.
Schedule awards are benefits you may be eligible for if you have permanent impairment due to a workplace injury. They are based on the percentage of impairment to a specific body part and are paid in addition to your other disability benefits. Schedule awards will become available once your doctor determines you have reached your Maximum Medical Improvement (MMI).
To appeal the result of a workers’ compensation claim, you must follow an internal appeals process, including a request for reconsideration and hearing before they issue a final decision. If you are dissatisfied with OWCP’s decision, including an outright denial of your benefits, you can file an appeal with the Employees’ Compensation Appeals Board. This is a separate division within the Department of Labor that has the authority to review decisions made by the OWCP.
You have 180 days from the receipt of the decision by the OWCP to file an appeal with the Board. The board only considers the evidence in front of the OWCP when making their decision. You cannot introduce new evidence to the Board. This makes it even more crucial to present your strongest possible case when you initially file for benefits.
OWCP does not allow attorneys representing injured federal workers to be paid on a contingency basis, like state workers’ compensation systems do. Sarphie Law bills its federal workers’ compensation clients for work actually performed on a 1/10th of an hour increment. This means we only charge you for the work and time we spend handling your case. We believe you have already sacrificed enough, and we want to ensure you receive the compensation you deserve.
Every case is different and it is hard to know how much a case is worth until all the facts are known. There are factors that a lawyer needs to understand about your injuries and how they have affected you. If injuries were caused due to an employer’s negligence, it is possible that you are eligible for significant financial compensation. FELA compensation could include medical bills, lost wages, pain and suffering, emotional distress, scarring and disfigurement, or lost of enjoyment of life.
