Vocational Rehabilitation in FECA Claims
Vocational rehabilitation may play an important role in a Federal Employees Compensation Act (FECA) claim. It can help a person return to work, minimizing wage loss. If required, a person must participate in this rehabilitation to receive their FECA replacement income benefits.
Attorney Daren Sarphie explains vocational rehabilitation in FECA claims.
Vocational Rehabilitation Under FECA
The Federal Employees Compensation Act (FECA) is a benefits program for injured employees of the United States Government. It’s similar to state workers’ compensation programs in some ways, but it’s run by the U.S. Government for their own employees.
An important part of FECA is helping workers who are injured on the job or who suffer an occupational illness to return to work. FECA recognizes that beneficiaries may need support to minimize wage loss and facilitate reemployment; this support is called vocational rehabilitation.
Law for vocational rehabilitation under FECA
5 U.S.C. § 8104 authorizes vocational rehabilitation under FECA. The purpose of vocational rehabilitation is to assist the injured worker in becoming employed as soon as feasible, minimizing their wage loss from wages prior to the injury. The goal is for the injured worker’s reemployment to be consistent with their physical and vocational abilities.
Note: In government documents, you may see the abbreviation IW, which stands for Injured Worker.
Eligibility for Vocational Rehabilitation Benefits Under FECA
A person may be eligible for vocational rehabilitation services if they:
- Suffered a workplace injury or illness
- Have a permanent disability as a result
- Are eligible for FECA benefits
- Cannot perform their usual and customary job duties because of injury
Types of Vocational Rehabilitation Programs Available
Vocational rehabilitation programs may include the following:
- Functional Capacity Evaluations (FCE)—to evaluate the ability to work and rehabilitative needs
- Work hardening—real or simulated tasks to improve tolerance in the performance of certain job duties
- Speech therapy
- Orthotics, prosthetics
- Assistive devices and technology
- Substance abuse treatment
- Pain management
- Housing, vehicle modifications
- Coordination of care
- Counseling and guidance, vocational testing, labor market evaluation
- Selective placement
- Training
- Assisted Reemployment (AR) Incentive Program
Part of vocational rehabilitation may be tangible, meaning a person may be provided things, such as vehicle modification or a mobility assistive device, to make their work possible. Other aspects of the program are services like evaluations and care coordination.
There are time limits for various aspects of the program. For example, training is usually provided for up to six months. It may be extended for up to 18 months if the person is likely to return to work with no or minimal wage loss.
Assisted Reemployment
Assisted Reemployment (AR) helps injured workers return to employment by providing a temporary wage subsidy to an employer. The purpose of the program is to create opportunities for injured workers by defraying the cost of hiring and training a FECA recipient. Rehabilitation counselors can make referrals for consideration. Reimbursement may total up to 75% of gross wages. Generally, the payment period is six months to one year, but a subsidy may be approved for up to three years, with reduced amounts in the second and third years.
The Role of OWCP in Vocational Rehabilitation
A national office rehabilitation consultant heads the vocational rehabilitation program, with specialists in 12 district offices. Certified counselors work directly with injured workers.
A new injury, or recurrence of a prior injury, is referred first to a field nurse. The nurse attempts to resolve any issues to facilitate a successful return to work. If it can’t be arranged, the case is referred to vocational rehabilitation.
Case managers will work through a list of priorities. The best result is to return the worker to the same employer, job, and salary. If that’s not possible, the case will work through various scenarios in order of priority, by what is considered to be the most successful:
- Same employer + same job
- Same employer + modified job
- Same employer + different job
- Different employer + similar job
- Different employer + different job
- Formal training or education, followed by work with the same or different employer
When does a FECA vocational rehabilitation case close?
A vocational rehabilitation FECA case closes when:
- The person returns to work and services are no longer needed
- Services have been given, even if unsuccessful
- Rehabilitation is not feasible
- Non-cooperation with services
FECA Vocational Rehabilitation FAQs
What kinds of injuries are appropriate for FECA vocational rehabilitation?
Whether a FECA claim is appropriate for vocational rehabilitation depends on the individual circumstances. However, there are some injuries that are typical, including the following:
- Back injuries
- Arms, legs, hands, and feet
- Skin disorders
- Heart disease
- Lung disease
- Vision impairment, hearing loss
- Mental health, psychiatric conditions
- Spinal cord injuries, brain damage
Is participation in FECA vocational rehabilitation mandatory?
Yes. If you want to continue benefits under FECA, you must participate in vocational rehabilitation as directed. The attending physician and claims examiner will determine if the person can work. If they can, they must seek and accept suitable work and participate in rehabilitation. If they refuse, their wage benefits will be reduced to zero.
Who pays for vocational rehabilitation under FECA?
The Employees’ Compensation Fund pays for authorized vocational rehabilitation services under FECA. Expenses may be reimbursed by the corresponding agency by arrangement. If the worker incurs incidental expenses related to participation, such as lunch, transportation, room and board, or childcare, they may be reimbursed up to a weekly maximum.
Will my pay change because I receive vocational rehabilitation under FECA?
While an injured worker receives FECA vocational rehabilitation services, they typically receive total temporary disability compensation minus earned income from employment. A person may be eligible for LWEC (Loss of Wage-Earning Capacity) pay if they work at a lower rate than before. Compensation may be reduced when vocational rehabilitation ends, based on a wage-earning capacity determination.
Contact an Experienced FECA Claims Lawyer
Vocational rehabilitation may be an important part of a FECA claim. At Sarphie Law, we are experienced in FECA claims and understand how vocational rehabilitation may impact a claim.
Attorney Sarphie can look at all the issues in a claim, including making sure that vocational rehabilitation services are offered correctly and appropriately. We can represent you in your case, answer your questions, and advocate for the benefits that you have earned.
Call or message us now.
