Compensation for a Work-Related Disability – Federal Employees

In the United States, workers’ compensation is governed and administered on a state-by-state basis, with the laws of each state covering employees of private companies or employees of that specific state. Federal workers are generally not covered under state workers’ compensation statutes, but must seek benefits under the appropriate federal laws. This blog post identifies the different avenues of relief under federal law, as well as the steps you need to take to pursue compensation for any work-related injuries as a federal employee.

Federal Laws Providing Worker’s Compensation Remedies

There are four principal statutes the govern workers’ compensation benefits for federal workers:

  • The Federal Employees’ Compensation Act (FECA) — This statute covers civilian employees of the United States, providing benefits for disability or occupational sustained in the course of federal employment. The act also offers death benefits.
  • The Longshore and Harbor Workers’ Compensation Act — This law provides a means for certain maritime workers (those not covered by the Jones Act), including dock employees, to seek compensation for on-the-job injuries.
  • The Non-Appropriated Funds Instrumentalities Act(NAFI) — NAFI provides a workers’ compensation scheme to employees of businesses that support the armed forces of the United States, and applies exclusively to private employees supporting military personnel.
  • The Defense Base Act — DBA provides coverage to civilian employees at American military or defense bases overseas.

Filing a Claim for Federal Workers’ Compensation Benefits

If you have been injured on the job or have contracted an illness as a federal worker, the first step you need to take is to complete and submit notice of your injury/illness, as well as your request for compensation. For a work-related injury, you must file form CA-1; a work-related illness is covered by form CA-2. You may also be required to provide evidence to support your claim. Form CA-35 has a checklist of the documentation you need to submit with your claim. The application for benefits must be filed with your employer/agency, and will ultimately go to the Office of Workers’ Compensation Programs (OWCP) for review and approval. FECA requires that you file your claim within three years of your injury, or of when you should reasonably have known, or had actual knowledge of, your condition.

Contact Uliase & Uliase

For an appointment with an experienced New Jersey federal workers’ compensation lawyer, contact us online or call our office at (856) 310-9002. We meet with clients weekdays between 9 a.m. and 5 p.m. We offer a free consultation for injured workers.