Federal Employees’ Compensation Act:

The Federal Employees’ Compensation Act (FECA) differentiates between traumatic injuries and occupational diseases. Federal employees who acquire an occupational disease due to a workplace hazard must file their reports using Form CA-2, not CA-1 (the form used for filing notice of a traumatic injury).

As with any FECA claim, it is important to pay attention to deadlines in order to minimize the risk that your claim will be denied due to a failure to follow the correct procedures or meet relevant deadlines.

The rules and regulations governing FECA are found in the Code of Federal Regulations, which states that the deadline for filing a notice of occupational disease using Form CA-2 is three years from the onset of the condition. However, if you want to receive continuation of pay (COP), then you must file form CA-2 within 30 days of the date of injury.

In certain situations involving occupational disease, the three-year rule may be waived, just like it may be waived in certain circumstances involving traumatic workplace injury. Examples of such situations include:
The employee gave notice of the disease onset within 30 days using a method other than Form CA-2
The employer had actual knowledge of the disease onset or death caused by the disease within 30 days after it happened
The employee was enduring “truly exceptional circumstances” (the regulations provide the example of being held prisoner of war as a truly exceptional circumstance) that prohibited him or her from filing the notice on time

The Code of Federal Regulations also includes an exception to the three-year deadline in cases of “latent disability.” In circumstances in which a disability caused by an occupational disease does not become apparent for some time period after its actual onset, then the three-year time period to file a claim begins from the date the employee is actually aware, or reasonably should be aware, that the disability was caused by the occupational disease.

Read the original regulation regarding filing a notice of occupational disease online.

Contact Uliase & Uliase Regarding Occupational Disease and FECA

For an appointment with an experienced federal employee injury lawyer, contact our office online or call us at (856) 310-9002. We are open weekdays between 9 a.m. and 5 p.m. We offer a free consultation for injured workers.