As a federal employee, you expect certain benefits to be available when you need them most. Like any injured worker, you believe you should be entitled to workers’ compensation benefits when you have been injured or become ill as a result of your job. However, the federal government is very strict about granting workers compensation benefits. Contact Sarphie Law to learn more about the workers’ compensation process and your legal rights.
How and When to File an OWCP Claim
The Federal Employees Compensation Act (FECA) allows federal employees to receive medical coverage and a portion of their lost wages when they have suffered a work-related injury or illness. To qualify for benefits, you would need to file a claim with the Office of Workers Compensation Programs (OWCP), which would review your claim and determine whether or not you are eligible for benefits.
If you have suffered a permanent disability, you may be entitled to a schedule award based on the percentage of disability to a certain body part. This determination would be made after you have reached the point of maximum medical improvement, where further medical treatment may not result in any change to your condition.
What Injuries Qualify for an OWCP Claim?
In order for an injury or condition to qualify for an OWCP claim, it must have occurred during and in the course of your federal employment. This means if you suffered an injury or developed a condition separately from your job, it will likely not be covered by federal workers’ compensation.
The injuries and conditions that most commonly qualify for an OWCP claim include:
- Traumatic Injuries: A traumatic injury is one that results from a specific incident during an employee’s workday. These injuries typically include:
- Broken or fractured bones
- Head injuries
- Concussions
- Sprains
- Burns
2. Occupational Illnesses: These illnesses and diseases develop over a period of time as a direct result of your workplace conditions or hazards. Common examples of occupational illnesses include:
- Repetitive stress injuries (RSI)
- Loss of hearing
- Respiratory conditions
- Chronic illnesses
- Skin diseases
- Infectious diseases
- Cancer
3. Mental health conditions: Federal employees are able to file an OWCP claim for declining mental health conditions. Federal workers’ compensation may cover a wide range of stress-related mental health issues, such as:
- Anxiety
- Depression
- Post-traumatic stress disorder
It is important to remember that whether you are suffering from a physical injury or a serious mental health issue, there must be a direct link between your condition and your job-related duties and working conditions. Proving that your injuries or conditions were caused directly by your job or working environment is essential in any federal workers’ compensation claim.
Employees who have been injured or developed an illness on the job should report their condition as soon as possible using the proper OWCP forms. Injured workers who are interested in pursuing a claim must also have their injury documented by a healthcare provider, including information about the cause of the accident and how it relates to their federal employment.
Workers who have suffered an injury or illness in a manner unrelated to their professional duties generally will not qualify. Similarly, if the injuries were caused by employee misconduct, negligence, or intoxication, you likely will not be eligible.
If you are wondering whether your injury or illness may qualify for an OWCP claim, Sarphie Law can help. You work hard to support yourself and your family, and you should not have to suffer because of a workplace accident. Daren Sarphie and the team at Sarphie Law will fight to ensure that you receive the benefits and support that you deserve.
Why Your OWCP Claim May Be Denied
As with any other workers’ compensation program, you must prove that you suffered a work-related injury in order to receive benefits. OWCP is strict when granting a worker’s compensation claim.
It is not uncommon for an OWCP claim to be denied, and when this happens, it often leaves injured workers feeling defeated and unsure how to proceed. The OWCP could deny your claim for the following reasons:
- They do not believe you suffered an actual injury that would impair your ability to work.
The OWCP requires clear evidence that you sustained an injury, it happened while performing your job, and it impairs you from being able to continue performing that job. If the OWCP does not believe your injuries are serious, they may deny your claim due to:
- Lack of medical evidence: Injured workers should have sufficient medical documentation that supports their injury claim. The OWCP may question the validity of your injury without sufficient evidence. Injured employees should submit documentation, including X-rays, MRIs, and other records that support the validity of their injury.
- Inconsistent reporting: Any inconsistencies between your account of what happened and what the medical reports claim could result in your claim being denied.
2. They do not think that your injury was work-related.
An important caveat of a legitimate OWCP claim is that your injury or illnesses must have happened during your federal employment and must have been a direct result of your job, duties, or work environment. The OWCP may believe that your injury happened outside of your job-related duties and may choose to deny your claim for a couple of different reasons:
- No corroborating evidence: If a worker claims to have been injured on the job, but no other coworkers, employers, or witnesses were there at the time of the accident, the OWCP may question whether your injury happened at work.
- Delayed reporting: If a worker reports their injury or illness late, the OWCP may question the legitimacy or whether the injury really happened while on the job.
- Not job-related: If the OWCP believes that your injury happened outside of work or because of non-work-related activities, your claim will likely be denied.
3. They claim your injury was actually a pre-existing condition, rather than the result of something that happened on the job.
This is a common reason for claim denials. The OWCP may argue that your injury or condition existed before you began your federal employment. In cases of mental health struggles, they may suggest that your issues stem from your personal life rather than work-related issues.
Sarphie Law is proud to help injured federal workers claim compensation for their injuries and illnesses. If your claim has been denied, our team is prepared to help you do whatever it takes to secure the compensation that you are rightfully owed. We are here to help injured federal workers navigate the appeal process, gather sufficient evidence to support their claim, and ensure that you receive the support that you need.
What Benefits Are Available to Federal Employees?
Federal workers should have access to a wide range of workers’ compensation benefits after they have been injured or suffered an illness at work. These benefits are in place to help injured or affected workers recover and return to work, providing compensation for medical bills, rehab services, and more.
Federal employees who have been injured or become ill as a result of their job will be able to pursue benefits under the Federal Employees’ Compensation Act (FECA), which is managed by the OWCP. Under FECA, injured workers are entitled to benefits such as:
Medical Benefits
Federal workers’ compensation is designed to compensate injured or ill workers for their medical expenses after a workplace incident. Most often, this includes things like:
- Hospital stays
- Doctor visits
- Surgeries
- Testing
- Prescription medications
- Medical equipment and devices (wheelchairs, prosthetic devices, etc.)
Wage Replacement
If your injury or illness prevents you from returning to work for an extended period of time, wage replacement benefits are available to help you recover lost wages, as well as compensate you for future lost income. There are two main categories that these benefits will fit into:
- Temporary Total Disability (TTD): These benefits are for federal employees who are unable to work while they recover. These will generally cover ⅔ of the employees wages before the injury if they do not have any dependents and ¾ of the wages for employees with dependents.
- Temporary Partial Disability (TPD): For employees who were injured or became ill on the job but are still able to return to work, even in a reduced role, these benefits provide compensation for the difference between earnings before and after your injury.
Vocational Rehabilitation
After a federal employee experiences an injury or illness on the job, they may be unable to return to their previous role. The OWCP offers vocational rehabilitation services that allow injured workers the opportunity to find an alternative career path. Generally, vocational rehabilitation will also offer training for new jobs, helping you find new employment within the federal government.
Schedule Awards
When a federal employee suffers permanent impairment of their body parts after an injury, a schedule award or a lump-sum payment. The amount that you are compensated will depend on the extent of your impairment. This is commonly given to workers who have experienced permanent impairment in body parts like:
- Arms
- Legs
- Hands
- Feet
- Eyes (vision)
- Ears (hearing)
Death Benefits
In the event that a workplace injury or illness resulted in death, benefits are available to compensate the victim’s family members. A percentage of their salary will be awarded to the family, typically either a spouse or children of the deceased. Death benefits will also be able to compensate for funeral and burial expenses.
Continuation of Pay (COP)
After experiencing a traumatic injury at work, a federal employee may receive up to 45 days of their salary while undergoing initial treatment. It is important to note that COP is available only after a traumatic injury and not for illnesses or diseases.
There are a number of different benefits available to federal workers who have been injured or become ill on the job. By working with an experienced OWCP lawyer like Daren Sarphie, you will be able to maximize your benefits and ensure that you and your family are taken care of while you recover. From filing an initial claim to appealing a denied claim, Sarphie Law is here to protect the rights of injured federal workers.
How Can an Attorney Help With My OWCP Claim?
It is our mission to help federal workers who have been injured on the job secure the benefits that they rightfully deserve. At Sarphie Law, we will work with you every step of the way, providing confident and compassionate legal representation that makes a difference.
Daren Sarphie and the team at Sarphie Law can assist federal employees in submitting the necessary forms for their OWCP claim. We will make sure that all documentation is filed on time and includes all necessary information, including medical evidence, accident reports, and more. We can offer our clients valuable insight that gives them the best chances of their claim being approved.
In the event that your claim is denied, we are here to help you through the appeal process. We will work closely with you to help you understand why your claim may have been denied and file an appeal. We will prepare diligently and gather sufficient evidence to further strengthen your case.
Our goal is to take away the stress and frustration that comes with an OWCP claim. We offer peace of mind to our clients, knowing that their case is in good hands while they focus on recovering from their injury or illness. By staying in constant communication with our clients, you will know exactly what’s going on in your case at every step.
Working with Sarphia Law is easy. We offer a free consultation for federal employees and get started working right away as soon as you are on board. We fight tirelessly to help injured federal workers’ secure their compensation.
Contact Sarphie Law Today for Your OWCP Claim
Sarphie Law fights for the rights of injured federal workers in the face of an unforgiving and unrelenting bureaucracy. If you have been injured or developed an illness because of your federal position, we want to hear from you. We have over 15 years of experience representing injured workers in workers’ compensation cases. We work closely with our clients to understand their challenges and needs.
Consider hiring a federal workers’ compensation lawyer before you file your claim to give yourself the best chance of success. You can schedule an appointment to speak with an attorney by sending us a message through our website or by calling us today at (504) 285-6013. Schedule a free initial consultation today and see how Sarphie Law can help.
