Federal Employees May File a Claim for Work-Related COVID-19

The American Rescue Plan Act of 2021, which President Biden signed on March 11, 2021, makes it much easier for federal workers diagnosed with COVID-19 to establish coverage under the Federal Employees’ Compensation Act. To establish a COVID-19 claim, you simply need to establish that you are a “covered employee,” meaning that:

US Senate to Hold Hearing on Federal Comp System Reform

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On Tuesday, U.S. Senator Daniel K. Akaka (D-HI) will hold a hearing titled Examining the Federal Workers' Compensation Program for Injured Employees to examine reform proposals for the Federal Employees Compensation Act (FECA).

The Federal Employees Compensation Act (FECA) provides workers' compensation coverage to federal civilian workers for any injury or illness incurred on the job. FECA has not been significantly updated in close to 40 years. A number of changes have been proposed, which are intended to modernize the program, improve return-to-work incentives, and reduce the overall cost to the Federal government. Discussion will focus largely on proposals to reduce FECA wage loss compensation benefits for disabled FECA recipients who reach retirement age.

EXAMINING THE FEDERAL WORKERS’ COMPENSATION PROGRAM FOR INJURED EMPLOYEES

Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia

Live video will not be available until approximately 15 minutes prior to the scheduled hearing start time.

Tuesday, July 26, 2011
02:00 PM - 05:00 PM
Dirksen Senate Office Building, room SD-342

The hearing will be webcast live at: hsgac.senate.gov 

Individuals with disabilities who require an auxiliary aid or service should contact Aaron Woolf, Subcommittee Chief Clerk, no later than 3 business days before the hearings. This will allow the office a reasonable amount of time before the event to make any necessary arrangements.

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Witnesses

Panel 1

• The Honorable Christine M. Griffin
  Deputy Director
  U.S. Office of Personnel Management
• Mr. Gary Steinberg
  Acting Director, Office of Workers’ Compensation Programs
  U.S. Department of Labor
• Mr. Andrew Sherrill
  Director, Education, Workforce, and Income Security
  U.S. Government Accountability Office

Panel 2

• Mr. Joseph Beaudoin
  President
  National Active and Retired Federal Employees Association
• Mr. Ronald Watson
  Consultant
  National Association of Letter Carriers, AFL-CIO
• Dr. Gregory Krohm
  Executive Director
  International Association of Industrial Accident Boards and Commissions

New Rules to Govern Federal Employees Compensation Act

The US Labor Department has announced new rules updating procedures for Federal Workers’ Compensation Act claims. These rules mark the first major regulation updates since 1999.

The U.S. Department of Labor's Office of Workers' Compensation Programs today published a final rule that revises and modernizes the procedures used in administering claims under the Federal Employees' Compensation Act. They were published in the June 28 Federal Register. The Rules modernize procedures to increase fairness and efficiency, updates the regulations to account for recent statutory changes and incorporates advances in technology that preserve administrative resources.

"This is the first substantial change to the FECA regulations since 1999," said OWCP acting Director Gary Steinberg. "The new regulations take advantage of technological and other changes that will improve the fairness and efficiency of the claims process."The rule also clarifies a number of current practices. Updates include acknowledging reorganization within the department and incorporating statutory changes, such as the new FECA death gratuity benefit. Changes also have been made to existing policies to improve the benefit program and lessen burdens on claimants. Additionally, the rule adds the skin as a covered organ retroactive to Sept. 11, 2001, under the act's schedule award provision, providing up to 205 weeks of compensation for burns, cancers and other medical conditions that impair the skin's function. The administrative and procedural changes include requiring employing agencies to file claims electronically by the end of 2012 and allowing for the use of video and teleconferences in hearings, as well as changes to the medical approval and procurement procedures.

The final rule can be viewed here.http://www.dol.gov/owcp/dfec/regs/compliance/FECAFinalRule-pub6-28-2011.pdf

The Office of Workers' Compensation Programs administers several disability benefit programs that cover federal workers, nuclear weapons workers, coal miners, longshore and harbor workers, and civilian contractors of the federal government who work overseas. These programs provide a variety of medical benefits, as well as wage replacement, vocational rehabilitation and other services. Benefits also may be paid to eligible dependents or survivors. For more information, visit http://www.dol.gov/owcp/.


For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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