Federal employee death benefits compensate surviving family members of U.S. government workers. If you have lost a loved one because of a work-related injury or occupational illness, you need to know how to claim death benefits.
Attorney Daren Sarphie explains workers’ compensation death benefits under the Federal Employees’ Compensation Act (FECA).
Introduction to FECA Death Benefits
FECA death benefits are payable to surviving family members who have lost a loved one who was a federal government employee. The death must have resulted from trauma or occupational exposure from the job.
FECA death benefits are like state workers’ compensation, but they are for federal employees, and there are some important differences in benefits available and claims administration.
Eligibility for FECA Death Benefits
Eligibility for FECA death benefits may be based on death that is:
- Traumatic—Death resulting from trauma
- Occupational—Exposures over time
- Consequential—Secondary consequences of traumatic or occupational injury
There may be circumstances where the worker previously claimed an injury. Continuation of benefits following death is not automatic. There must be evidence that working conditions contributed to the person’s death.
Types of FECA Death Benefits
Wage replacement
- Spouse, no eligible children—50% of monthly pay
- Spouse, if eligible children—45% of monthly pay
- Children, if surviving spouse—15% each; total of 30% shared equally
- Children, if no surviving spouse—40% for one child, 15% for each additional child, shared equally
- Parent, if dependent—25% (if there is no spouse or child); 20% to each parent if wholly dependent
Funeral benefits
Up to $800 is payable for funeral and burial expenses. There may be additional amounts if needed to return the victim’s remains.
Termination of employee status
Up to $200 may be paid to reimburse costs relating to terminating the victim’s status as a U.S. government employee.
FECA maximum death benefits
FECA death benefits are capped at 75% of the worker’s pay or 75% of the GS-15 General Schedule pay rate.
FECA death gratuity
Survivors of an employee whose death is connected to service with the Armed Forces may qualify for a $100,000 gratuity. There is a statutory order of preference to distribute the gratuity.
The spouse receives 100% of the benefit unless an alternate beneficiary is listed on CA-40 (Designation of a Recipient) or there is no legal spouse. 5 U.S.C. § 8102a – Death Gratuity.
In addition, foreign service employees may be eligible for payment of a death gratuity and life insurance supplement under Sections 413 and 415 of the Foreign Service Act of 1980. See 3 FAM 3653.1 and education benefits.
Effect of remarriage
Before age 55—Lump sum payment equal to 24 months of compensation, monthly
payments end
After age 55—No change, payments continue for life
How long can children receive FECA death benefits?
Children may continue to receive FECA death benefits until they are age 18 or until age 23 if they are full-time students. If a child is disabled and incapable of self-support, benefits may continue for life.
If you file for FECA death benefits, can you still file a wrongful death claim?
A party other than the federal government may have legal fault for causing the death. Victims may qualify to bring a third-party wrongful death claim. Claiming FECA benefits does not preclude victims from bringing a personal injury claim for compensation.
Do Social Security benefits impact FECA death benefits?
Social Security benefits paid to beneficiaries are deducted from FECA death benefits. To be deducted, payments must be related to the victim’s government employment.
What happens if there is no qualifying survivor entitled to FECA death benefits?
If there is no survivor eligible for FECA death benefits, no wage payments are made. The personal representative may claim funeral and burial expenses.
Application Process for FECA Death Benefits
When a death occurs, both the employing agency and survivors have steps to take in the application process.
For employing agencies
The employing agency must:
- Report the death to the Office of Workers’ Compensation Programs (OWCP)
- Assist in submitting evidence, witness statements, and other documentation
- Provide survivors with claim forms CA-5 or CA-5b
- File CA-6 – Official Survivor’s Report of Employee’s Death
A report should indicate if there is already an open file because of an injury.
For survivors
Eligible beneficiaries must give notice:
- To the supervisor
- By personal delivery or mail
- Stating the employee’s name and address
- With the date of death, location, cause, and nature
- List employment factors believed to have caused the death
The notice must be signed, with the name and address of the individual giving notice
See 5 U.S.C. § 8119— Notice of Injury or Death
Form for FECA death benefits
A surviving spouse or children should complete Form CA-5 – Claim for Compensation by Surviving Spouse and/or Children.
Parents, brothers, sisters, grandparents, or grandchildren claiming FECA death benefits should complete Form CA-5b – Claim for Compensation by Brothers, Sisters, Grandparents, or Grandchildren.
Supporting documents
You must also submit supporting documents, such as marriage and birth certificates, showing the family relationship.
Where do I submit a FECA death benefit claim?
Submit your completed CA-5 or CA-5B claim form to OWCP. You must also submit a death certificate and supporting documents.
Timeline for filing a claim
Beneficiaries should give notice of the death within 30 days. Survivors then have three years to file a claim for benefits. Failing to file within three years may compromise benefits unless the supervisor had actual knowledge of injury or death within 30 days or written notice was given. A related disability claim satisfies this requirement.
How are FECA death benefits paid?
FECA death benefits are paid by electronic funds transfer or direct deposit. If you don’t have a bank account, you can receive your payment on a debit MasterCard.
Support for Families of Deceased Federal Employees
You may have help from an attorney to claim FECA death benefits. Applicants must complete the forms and submit documentation. There may be representatives in the employing agency who can answer questions, provide forms, and assist.
OWCP must send a notification of the right to claim compensation to survivors.
Contact a FECA Claims Lawyer Today
For assistance with FECA death benefits, contact Sarphie Law today.