Practice Areas

• New York State Workers’ Compensation
• Social Security Disability
• Supplemental Security Income
• Federal Workers’ Compensation
• New York City and State Retirement Disability
• The Doctors Corner - Compensation and Social Security Information for Doctors

Blog

Federal Workers’ Compensation

• American Recovery and Reinvestment Act
• The Right to Choose Your Healthcare Provider
• Possible National Comission on Workers Compensation
• Can I Please Have Some Privacy?

New York Disablity Attorney Blog

• Can You Get A Decision At The Hearing?
• Handling A Denial From Social Security
• Is Healthcare A Problem While You’re Waiting For Disability Benefits?

view more

Library

Federal Workers’ Compensation

• Appeals Process: Federal Workers' Compensation
• Longshore & Harbor Workers' Compensation Act
• Who is Covered Under FECA?
• Federal Employees' CompensationAct

view more

Federal Employees' CompensationAct

The Federal Employees’ Compensation Act (FECA) provides benefits to civilian employees of the United States who sustained personal injury while on the job. FECA also pays benefits to the individual’s dependents in the case that the injury or disease causes the employee’s death.

As you can see here, FECA is not a small piece of legislation. While it is a good idea to consult an attorney before proceeding, here is a short overview of the benefits that might be available to you if you have been injured on the job as a civilian federal employee.

Medical Benefits

Federal Civilian Employees who are injured on the job are entitled to medical, surgical, and hospital services required for the treatment of an injury. You are also entitled to compensation for any transportation required to receive the care.

Compensation for Temporary Total Disability

Employees who have sustained disabling traumatic injuries may request the continuation of regular pay for up to 45 calendars. After that period, the employee may either use sick or annual leave or claim compensation from the Office of Workers’ Compensation Programs (OWCP).

If you elect to claim compensation from the OWCP, it is generally paid at a rate of 2/3 of the employee’s salary. If the employee has one or more dependent, he is entitled to 3/4 of his salary.

Compensation for Permanent Effects of Injury

FECA provides a list of statutory benefits for permanent impairment of certain body parts, organs, and bodily functions, as well as for serious disfigurement of the head, face, or neck. The list can be accessed here. For instance, the loss of an arm is compensated by 312 weeks’ (6 years) compensation at a 2/3 pay scale.

Additionally, if the injury leaves the employee unable to resume regular work, he is entitled to compensation for the loss of earning capacity. This compensation is calculated based on the difference between the employee’s capacity to earn wages after the injury and the salary he was earning at the job held prior to the injury.

Compensation for Death

If the worst should happen, FECA provides for benefits to be paid to your dependents. If you are married without children, your spouse is entitled to 50% of your pay at the time of death. If you are married with children, your spouse will receive 45% of your pay and each child is entitled to 15%. Total compensation cannot exceed 75% of the employee’s salary.

Dependent parents, brothers, sisters, grandparents, and grandchildren may also be entitled to benefits in certain circumstances.

Please note that FECA does not cover individuals who were injured while employed by private companies, state governments, or local governments. Those injuries are typically covered by state workers’ compensation plans. The contact information for New York’s Workers’ Compensation Board can be found here, and their website can be accessed here.

Ask an Attorney