Sunday, November 11, 2007

Federal Workers Compensation

Last week I was in Chicago for the 2nd Annual Workers Compensation in the Federal Workplace conference. Attending conferences like this one is just one way in which I keep up with new developments in the areas that I practice. Because many people may not understand the distinction between state and federal workers compensation programs, the following is a very brief overview.

Under the Maryland Workers’ Compensation Act, when an employee is injured at the workplace, the employee can file a claim for compensation with the
Maryland Workers’ Compensation Commission. As with most other aspects of employment, Federal employees have an entirely different workers compensation process that is governed by a different statute, the Federal Employees’ Compensation Act (FECA). FECA claims are administered by the Department of Labor’s Office of Workers’ Compensation Programs (OWCP). Under FECA, federal employees are able to receive compensation not only for physical injuries and occupational diseases, but also for mental health conditions that were incurred at work.

One of the most important things to remember is that there is a deadline for filing workers compensation claims. Federal employees generally have three years from the date of a traumatic injury to file a claim for workers compensation. For occupational illness or disease, the employee has three days from the date that the employee first became aware of the illness, or from when the employee became exposed to the occupational hazard. In cases involving the death of the employee, the employee’s beneficiary has three years from the date of death, or three years from the date that the beneficiary first became aware of the connection between the employee’s death and the workplace. It should be noted that these deadlines are different for injured workers in the private sector.

If you are a Federal employee who has suffered a workplace injury, the first thing that you should do is make your employer aware of your injury. Each Agency’s human resource office maintains information regarding FECA claims. In addition, the Office of Workers’ Compensation Programs maintains a website that has useful information for claimants, including a
frequently asked questions document for employees. OWCP’s website also contains Employee Compensation Appeals Board (ECAB) decisions from 1998 to the present.

If you would like to discuss your workers compensation issue, please contact Ms. Whitfield for a consultation at 301.869.8774, or via the
online consultation form.


This blog is not intended to provide legal advice or representation, but rather to provide very general information regarding a variety of subject areas. The viewing of the information contained on this blog does not create or establish an attorney-client relationship. Further, this information should not be relied upon without first consulting with an attorney regarding your specific situation.