Department of Labor Issues Guidance on FECA Claims

The Department of Labor (DOL) has issued guidance for federal employees for filing claims under the Federal Employees’ Compensation Act due to the 2019 novel coronavirus (COVID-19). All federal employees who develop COVID-19 while in performance of their federal duties are entitled to workers’ compensation coverage. However, the DOL has acknowledged that it can be difficult to determine exactly how the virus was transmitted and therefore issued guidance to clarify employee coverage options.

According to the DOL release, federal workers who are required to have in-person and close proximity interactions with the public on a frequent basis- such as law enforcement, first responders, and front line medical and public health personnel-  will be considered to be in “high risk employment.” Cases for individuals with high risk employment will be handled with “an implicit recognition” that a higher likelihood exists of infections due to their job.

The release also outlines new procedures to specifically address COVID-19 claims.

“Employees filing a claim for workers' compensation coverage as a result of COVID-19 should file Form CA-1, Notice of Traumatic Injury through your employer using the Employees' Compensation Operations & Management Portal. The new procedures will also call the adjudicator's attention to the type of employment held by the employee, rather than burdening the employee with identifying the exact day or time they contracted the novel coronavirus,” the guidance explains.

For high risk employment positions, the Office of Workers Compensation Programs (OWCP) Division of Federal Employees’ Compensation (DFEC) will accept that the exposure to COVID-19 was proximately caused by the nature of the employment. If the employer supports the claim and that the exposure occurred, and the CA-1 is filed within 30 days, the employee is eligible to receive Continuation of Pay for up to 45 days.

If an employee is not in a high risk role, OWCP DFEC will require the claimant to provide a factual statement and any available evidence concerning exposure. The employing agency will also be expected to provide OWCP DFEC with any information they have regarding the alleged exposure, and to indicate whether they are supporting or controverting the claim. If the employer supports the claim and that the exposure occurred, and the CA-1 is filed within 30 days, the employee is eligible to receive Continuation of Pay for up to 45 days.

The guidance provides information on key evidence to provide on COVID-19 FECA claims as required by law.

Also in the release, OWCP DFEC announced the creation of a COVID-19 Task Force to support claims examiners and assist with all COVID-19 FECA claims.

“This task force will provide assistance to claims staff, employing agencies, and the general public in advising on evidence needed and will answer any questions from claimants about the process and legal requirements. The team will work to ensure cases are handled with compassion, and adjudicated fairly and consistently,” the guidance explains.