New Jersey Federal Employee Injury Attorney

Experienced Work Injury Attorneys Help Federal Workers Secure Their Workers’ Compensation Benefits Under the Federal Employees’ Compensation Act (FECA)

Federal employees are subject to a myriad of accidents and injuries in the line of duty. For example, it is expected of postal workers that “neither snow nor rain nor heat nor gloom of night may stay [them] from the swift completion of their appointed rounds.” These conditions may lead to injuries from slip and fall accidents, repetitive use injuries to the neck, back, shoulders, and hands from carrying excessive weight or sorting, and even motor vehicle accidents or the stereotypical “dog bites the mailman” injuries. These types of damages may result in more than just the payment of workers’ compensation and may give rise to additional separate lawsuits. An experienced New Jersey federal employee injury attorney at Team Law can assist in identifying multiple claims arising from these types of incidents.

If you or a loved one are a federal worker and have sustained serious injuries as a result of a workplace accident, contact Team Law today for a free consultation about your claim.

What Benefits am I Entitled To After a Federal Employment Workplace Accident?

The Federal Employees’ Compensation program covers all civilian employees of the United States, such as postal workers and even Federal petit or grand jurors, who sustain work-related injury or illness with benefits such as medical care, wage loss replacement, and help in returning to work. FECA coverage is extended to Federal employees regardless of the length of time on the job or the type of position held. Probationary, temporary, and term employees are covered on the same basis as permanent employees. Also, part-time, seasonal, and intermittent employees are covered. Federal employees who are neither citizens nor residents of the United States or Canada are covered subject to certain special provisions governing their pay rates and computation of compensation payments. 

What To Do After Suffering On-The-Job Injuries as a Federal Employee

If you are a federal employee and you believe that you sustained a work-related injury, you must report the injury to the supervisor right away. A notice of injury or death shall be given within 30 days after the injury or death. All injuries should be reported when they occur since a minor injury sometimes develops into a more serious condition. Benefits cannot be paid unless an injury is reported.

When you report your injury ask for and Complete Form CA-1(for a traumatic accident) or CA-2 (if an occupational exposure) immediately and give it to the supervisor. Your agency will complete their portion of the CA-1 or CA-2 and submit the entire packet to the Office of Workers’ Compensation Programs (OWCP) district office. 

If you require medical treatment, you may treat with the physician of your choice however,  you must obtain authorization (Form CA-16) from the supervisor.  Bring the CA-16 to your treating physician to ensure that the medical bills are properly paid by workers’ compensation. This authorization covers non-surgical treatment and continues for up to 60 calendar days from the date of injury. 

If your case is approved, you will remain entitled to medical treatment for your accepted condition. However, if your case is denied, the authorization provided by Form CA-16 will not be valid after the date of denial. 

Form CA-16 is not issued for occupational disease cases. Sometimes the OWCP will request that the employee attend an appointment for a second opinion or to obtain additional information necessary to investigate the claim.

Compensation for Traumatic Work Injuries as a Federal Employee

If a traumatic injury is involved, furnish the supervisor with medical evidence of any disability within 10 calendar days of claiming continuation of pay. Be sure to keep a copy of everything for your records. 

An employee other than a Postal Service employee is not entitled to compensation for the first 3 days of temporary disability, except when the disability exceeds 14 days or when the disability is followed by permanent disability

A Postal Service employee with limited exception is not entitled to compensation or continuation of pay for the first 3 days of temporary disability. A Postal employee may use annual leave, sick leave, or leave without pay during that 3-day period, except that if the disability exceeds 14 days or is followed by permanent disability, the employee may have their sick leave or annual leave reinstated or receive pay for the time spent on leave without pay under this section.

For most employees who sustain a traumatic injury, FECA provides that the employer must continue the employee’s regular pay during any periods of resulting disability, up to a maximum of 45 calendar days. This is called a continuation of pay, or COP. The employer, not OWCP, pays COP. Unlike wage loss benefits, COP is subject to taxes and all other payroll deductions that are made from regular income. If it appears that the disability will last beyond 45 days, the employee and the employer should complete Form CA-7, “Claim for Compensation”. The employer should send it on the 40th day of COP to the district office handling the claim.

How Long Do I Have To File a Claim for Compensation After a Federal Employment Injury?

The Federal Employees’ Compensation Act (FECA) provides that a claim for compensation must be filed within 3 years of the date of injury. For a traumatic injury, the statutory time limitation begins to run from the date of injury. For a latent condition, it begins to run when an injured employee with a compensable disability becomes aware, or reasonably should have been aware, of a possible relationship between the medical condition and the employment. Where the exposure to the identified factors of employment continues after this knowledge, the time for filing begins to run on the date of the employee’s last exposure to those factors. 

If a claim is filed later than the 3-year statute of limitations, workers’ compensation may still be paid if written notice of injury was given within 30 days or if the employer had actual knowledge of the injury within 30 days after it occurred. There is nothing to prohibit you from filing the claim. Timeliness is determined by the OWCP district office as part of the adjudication process. 5 U.S.C. § 8122; 20 C.F.R. §§ 10.100-10.101.

Compensation Benefits Available for Federal Employee Injuries

The Division of Federal Employees’ Compensation provides federal workers who have suffered work-related injuries or occupational illnesses with various financial benefits that are designed to help them make as full of a recovery as possible so that they can hopefully get back to work. Some of the benefits that are provided include:

• Total Disability – If a federal employee is totally disabled as a result of work-related injuries, the United States shall pay the employee during the disability monthly monetary compensation equal to 66 2/3 percent of his monthly pay. The loss of use of both hands, both arms, both feet, or both legs, or the loss of sight of both eyes, is prima facie permanent total disability.
• Partial Disability – If an employee is unable to work full-time at his or her previous job, but is able to work either part-time or at a job in a lower pay category, then he or she is considered partially disabled and eligible for the following compensation benefits: if the employee is single, a monthly benefit equal to two-thirds of the difference between the employee’s pre-disability and post-disability monthly wage or if the employee has at least one dependent or a spouse, a monthly benefit equal to 75% of the difference between the employee’s pre-disability and post-disability monthly wage

Compensation Schedule for Federal Employees Permanently Disabled Due to Disfigurement or Loss of Body Part 

Scheduled Award: If there is permanent disability involving the loss, or loss of use, of a member or function of the body or involving disfigurement, the employee is entitled to basic compensation for the disability, The compensation schedule is as follows:

• (1) Arm lost = 312 weeks’ compensation.
• (2) Leg lost = 288 weeks’ compensation.
• (3) Hand lost = 244 weeks’ compensation.
• (4) Foot lost = 205 weeks’ compensation.
• (5) Eye lost = 160 weeks’ compensation.
• (6) Thumb lost = 75 weeks’ compensation.
• (7) First finger lost = 46 weeks’ compensation.
• (8) Great toe lost, = 38 weeks’ compensation.
• (9) Second finger lost = 30 weeks’ compensation.
• (10) Third finger lost = 25 weeks’ compensation.
• (11) Toe other than great toe lost = 16 weeks’ compensation.
• (12) Fourth finger lost = 15 weeks’ compensation.
• (13) Loss of hearing:
  • (A) complete loss of hearing of one ear = 52 weeks’ compensation; or
  • (B) complete loss of hearing of both ears = 200 weeks’ compensation.
• (14) Compensation for loss of binocular vision or for loss of 80 percent or more of the vision of an eye is the same as for loss of the eye.
• (15) Compensation for loss of more than one phalanx of a digit is the same as for loss of the entire digit. Compensation for loss of the first phalanx is one-half of the compensation for loss of the entire digit.
• (16) If in the case of an arm or a leg, the member is amputated above the wrist or ankle, compensation is the same as for loss of the arm or leg, respectively.
• (17) Compensation for loss of use of two or more digits, or one or more phalanges of each of two or more digits, of a hand or foot, is proportioned to the loss of use of the hand or foot occasioned thereby.
• (18) Compensation for the permanent total loss of use of a member is the same as for loss of the member.
• (19) Compensation for permanent partial loss of use of a member may be for proportionate loss of use of the member. The degree of loss of vision or hearing under this schedule is determined without regard to correction.
• (20) In case of loss of use of more than one member or parts of more than one member as enumerated by this schedule, the compensation is for loss of use of each member or part thereof, and the awards run consecutively. However, when the injury affects only two or more digits of the same hand or foot, paragraph (17) of this subsection applies, and when partial bilateral loss of hearing is involved, compensation is computed on the loss as affecting both ears.
• (21) For serious disfigurement of the face, head, or neck of a character likely to handicap an individual in securing or maintaining employment, proper and equitable compensation not to exceed $3,500 shall be awarded in addition to any other compensation payable under this schedule.
• (22) For permanent loss or loss of use of any other important external or internal organ of the body as determined by the Secretary, proper and equitable compensation not to exceed 312 weeks’ compensation for each organ so determined shall be paid in addition to any other compensation payable under this schedule.

What Should I Do If My FECA Claim Has Been Denied?

If the OWCP issues a denial in your claim, they will include information about the four (4) various ways an appeal can be filed. Oral Hearing, Review of the Written Record, Reconsideration, and Appeal to Employees Compensation Appeals Board. Each option has a different filing deadline and specific guidelines as to what type of evidence may be submitted. It would be wise to consult an attorney with regards to the appellate avenue best for you. 

How Much Does It Cost To Hire A New Jersey Federal Employee Injury Attorney to Help Me With My Claim?

ATTORNEY FEES The Office of Workers Compensation Programs (OWCP) will approve an attorney fee based on an itemized statement submitted by the representative showing the work done and a statement from the employee indicating his or her agreement, or lack of agreement, with the requested fee. Attorneys can only charge reasonable hourly rates. Contingency fees are expressly prohibited. Team Law offers a free initial consultation. 

Contact Team Law for a Free Consultation with an Experienced New Jersey Federal Employee Injury Attorney About Your FECA Claim Today

Don’t put off starting the process of pursuing a claim filed under the Federal Employees’ Compensation Act (FECA). If you do, you may lose out on critical financial resources you might be entitled to for a work-related injury or illness. Contact Team Law for a free, no-obligation consultation to go over your legal options with a New Jersey federal employee injury attorney at our firm today.