Federal Workers Compensation Under FECA
Federal employees do not file workers compensation claims with their state. They file with the Office of Workers Compensation Programs (OWCP) under a separate federal statute, the Federal Employees’ Compensation Act (FECA), codified at 5 U.S.C. Chapter 81. The system is administered by the U.S. Department of Labor, the medical providers are different, the benefit rates are different, and the deadlines are different.
This page is the plain-English overview of FECA for a federal employee who got hurt at work and is trying to figure out how the federal system actually works.
Who is covered
FECA covers about 2.6 million civilian federal employees, including:
- All executive-branch civilian employees.
- U.S. Postal Service workers (USPS is the largest single FECA claimant population).
- Federal judicial-branch employees, with some exceptions.
- Certain congressional employees.
- Peace Corps and VISTA volunteers.
- Federal jurors and federal law enforcement officers.
- Some categories of federal grantees performing covered work.
A few groups have their own separate federal systems and do not fall under FECA. Military service members fall under separate VA benefits. Railroad workers covered by the Federal Employers’ Liability Act use a different remedy. Maritime workers fall under the Longshore and Harbor Workers Compensation Act or the Jones Act. See the Longshore Act overview for the maritime side.
What FECA pays
FECA pays a different benefit menu than state workers comp:
Continuation of pay (COP). For traumatic injuries (not occupational disease), FECA pays the worker’s full regular salary for up to 45 calendar days after the injury, with no use of sick or annual leave. COP is one of the most valuable features of FECA and a key difference from state systems. State workers comp jumps directly to the two-thirds wage replacement formula.
Wage-loss compensation. After the COP period, FECA pays wage-loss compensation at:
- 66.67 percent of the worker’s pre-injury salary if the worker has no dependents.
- 75 percent of the worker’s pre-injury salary if the worker has at least one eligible dependent.
The 75 percent rate is significantly more generous than most state systems, which top out around two-thirds regardless of dependents.
Medical care. All necessary treatment related to the injury, with no copay or deductible. Federal workers can choose their treating physician, with the requirement that the physician be a qualified provider per OWCP rules.
Schedule award. FECA’s version of permanent partial disability. The schedule award pays a number of weeks of compensation based on a permanent impairment to a covered body part, using the AMA Guides for the rating. The schedule is published in 5 U.S.C. 8107 and assigns weeks to each body part (e.g., 312 weeks for total loss of an arm, 288 weeks for a leg, 205 weeks for an eye).
Vocational rehabilitation. Job placement, retraining, and assistive technology if the worker cannot return to the pre-injury position.
Death benefits. Weekly benefits to the surviving spouse and dependents at percentages of the deceased worker’s pay, plus burial expenses up to $800 and a transportation allowance.
Who administers FECA
OWCP, a unit of the U.S. Department of Labor, administers FECA through twelve district offices. The Division of Federal Employees’ Compensation (DFEC) handles claims. The claims examiner assigned to your case is a federal employee, not a state employee and not a private carrier adjuster.
There is no private insurance carrier in the FECA system. The federal government is the self-insured payer. The worker’s employing agency (e.g., USPS, VA, Customs and Border Protection) pays into the FECA fund through a chargeback to the agency’s budget. Agency loss-prevention staff and human resources personnel coordinate with OWCP but do not adjudicate claims.
How to file a FECA claim
The forms have specific numbers. Use the right one.
- Form CA-1, Federal Employee’s Notice of Traumatic Injury and Claim for Continuation of Pay/Compensation. Filed within 30 days of a traumatic injury (a single incident or event).
- Form CA-2, Notice of Occupational Disease and Claim for Compensation. Filed for an occupational disease (a condition that developed over time from work exposure).
- Form CA-7, Claim for Compensation. Filed to claim wage-loss benefits after the 45-day COP period or for occupational disease cases.
- Form CA-16, Authorization for Examination and/or Treatment. Issued by the employing agency to authorize initial medical treatment within four hours of injury notification when treatment is reasonably required.
- Form CA-17, Duty Status Report. Used to communicate work restrictions between the treating doctor and the employing agency.
The CA-1 or CA-2 starts the claim. The employer (federal agency) completes its sections and submits to OWCP. OWCP issues a case number and assigns a claims examiner.
Deadlines
FECA’s statutory deadline is three years from the date of injury to file the claim (5 U.S.C. 8122). Notice to the employing agency within 30 days is also required for the COP entitlement.
The three-year deadline is longer than most state statutes of limitations, which is one of the few areas where FECA is more generous on procedure. The deadline can be extended if the worker did not realize the injury was work-related until later (the discovery rule applies for occupational diseases).
How FECA differs from state workers comp
A few structural differences that matter:
Higher wage replacement. 75 percent with a dependent vs. roughly 66.67 percent in most state systems. On a $1,200 weekly salary, that is $900 vs. $800. Across two years of wage loss, the difference is roughly $10,400.
Continuation of pay. Up to 45 days of full salary after a traumatic injury, with no use of leave. State systems do not have an equivalent.
Federal medical providers. Some treatment limits or required provider networks apply, but in general FECA’s medical choice is broader than many state panels.
No state commission. Disputes are adjudicated administratively within OWCP, with appeals to the Employees’ Compensation Appeals Board (ECAB), not a state court. The procedures are federal.
No settlements in the state-system sense. FECA does not have a Compromise and Release mechanism. Schedule awards are paid in periodic installments or a lump sum, and the claim itself stays open for ongoing medical and recurrences. Federal workers cannot trade open medical for a closed lump sum the way many state systems allow.
No third-party tort offset by the agency. The federal government does have subrogation rights against third-party tortfeasors, but the procedure is different from state subrogation.
The OWCP medical bill payment system
A FECA-covered worker presents at a doctor with the OWCP case number and the doctor bills OWCP directly through the OWCP bill payment system. The worker does not pay and seek reimbursement. The provider has to be enrolled in the OWCP provider network. Most major medical providers are. A few specialty providers are not. If you have a preferred treating doctor, confirm OWCP enrollment before the appointment to avoid out-of-network friction.
Appeals
OWCP claims examiners issue formal decisions. A worker who disagrees has three appeal paths:
- Reconsideration. Filed with OWCP within one year. The case is reviewed by a senior claims examiner.
- Hearing or Review of the Written Record. Filed with the OWCP Branch of Hearings and Review. A hearings representative conducts a hearing and issues a decision.
- Employees’ Compensation Appeals Board (ECAB). Filed within 180 days of the most recent OWCP decision. ECAB is the appellate body for FECA decisions.
Appeals from ECAB go to the U.S. Court of Appeals only in narrow circumstances. ECAB is usually the end of the road.
When to call a lawyer
FECA cases are a specialty. Most state workers comp attorneys do not handle FECA. The attorneys who do are concentrated in DC, Northern Virginia, and a few cities with large federal workforces. Postal workers especially benefit from a FECA-specialist attorney because the USPS injury patterns and the OWCP examiner culture around USPS cases are well known to the specialists.
Attorney fees in FECA cases require OWCP approval. The fee structure is hourly or flat fee, not the percentage-of-recovery model used in state workers comp.
Related
- Longshore Act overview for maritime workers under a separate federal statute.
- How long does workers comp last for state-system duration comparisons.
- Workers comp vs personal injury for third-party claims by federal employees.
- How to file workers comp for the state-system filing process by contrast.