Frequently Asked Questions (FAQs)
Question: Under the Federal Employees' Compensation Act, what requirements must a claim for workers' compensation meet?
Answer: The employee must provide medical and factual evidence to establish five basic elements:
The claim was filed within the time limits set by the FECA;
The injured or deceased person was an employee within the meaning of the FECA:
The injury, accident or employment factor actually occurred, and a medical condition was diagnosed in connection with the injury or event;The employee was in the performance of duty when the event(s) leading to the claim occurred; and The medical evidence establishes that the diagnosed condition is causally related to the injury or event.
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Question: How do employees file for workers' compensation if they work for a private company or state or local government ?
Answer: Individuals injured on the job while employed by private companies or state or local government should contact their state workers' compensation board.
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Question: Can I be punished or discriminated against for exercising my rights under the Occupational Safety and Health Administration (OSHA)?
Answer: No. The OSH Act protects workers who complain to their employer, OSHA or other government agencies about unsafe or unhealthful working conditions in the workplace or environmental problems. You cannot be transferred, denied a raise, have your hours reduced, be fired, or punished in any other way because you used any right afforded to you under the OSHA Act. Help is available from OSHA for whistle blowers.
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Question: What must a federal employee do when injured at work?
Answer: Report the injury to the supervisor right away and obtain first aid as necessary;Complete a written report (Form CA-1 or CA-2) and give it to the supervisor; If a traumatic injury is involved, and further medical treatment is needed, obtain authorization (Form CA-16) from the supervisor for treatment by a physician of the employee's choice. If that physician is not available, the employee still has the right to choose a treating physician and should therefore select another;If a traumatic injury is involved, furnish the supervisor with medical evidence of any disability within 10 calendar days of claiming continuation of pay.
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Question: What is the time limit for filing notice of injury and claim for federal workers' compensation?
Answer: A notice must be filed within three years of the date of injury. However, if a claim is not filed within three years, compensation may still be paid if written notice of injury was given within 30 days, or the employer had actual knowledge of the injury within 30 days after it occurred.
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Question: How does the Office of Workers' Compensation Programs (OWCP) decide whether a federal employee's worker's compensation case can be accepted?
Answer: Some very simple cases with medical expenses below a set threshold are accepted automatically. In most cases, however, OWCP claims staff consider the factual and medical evidence sent by the employee and the
employer.
OWCP claims staff apply the law, the regulations, and the procedures to this factual and medical evidence. They also apply decisions of the Employees' Compensation Appeals Board and administrative decisions of OWCP as set forth in Federal Employees' Compensation Act (FECA) Program Memoranda.
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Question: What can I do if I think my workplace is unsafe?
Answer: If you believe working conditions are unsafe or unhealthful, we recommend that you bring the conditions to your employer's attention, if possible. Workers, or their representatives, may file a complaint and ask OSHA to inspect their workplace if they believe there is a serious hazard or their employer is not following OSHA standards. A worker can tell OSHA not to let their employer know who filed the complaint. It is against the Act for an employer to fire, demote, transfer or discriminate in any way against a worker for filing a complaint or using other OSHA rights.
You can file a complaint online; download the form and mail or fax it to the nearest OSHA office. Most complaints sent in on line may be resolved informally over the phone with your employer. Written complaints that are signed by a worker or their representative and submitted to the closest OSHA office are more likely to result in onsite OSHA inspections.
When the OSHA inspector arrives, workers and their representatives have the right to:
Go on the inspection.Talk privately with the OSHA inspector. Be part of meetings with the inspector and the employer before and after the inspection is conducted. Where there is no union or employee representative, the OSHA inspector must talk confidentially with a reasonable number of workers during the course of the investigation.
An inspector who finds violations of OSHA standards or serious hazards may issue citations and fines. A citation includes the methods an employer must use to fix a problem and the date by when the corrective actions must be completed. Workers only have the right to challenge the deadline for when a problem must be resolved. Employers, on the other hand, have the right to contest whether there is a violation or any other part of the citation. Workers or their representatives must notify OSHA that they want to be involved in the appeals process if the employer challenges a citation. If you send in a complaint requesting an OSHA inspection, you have the right to find out the results of the OSHA inspection and request a review if OSHA decides not to issue citations.
____________________________________________
Question: What are my rights under the Occupational Safety and Health Act?
Answer: Workers are entitled to working conditions that do not pose a risk of serious harm. To help assure a safe and healthful workplace, OSHA also provides workers with the right to: Receive information and training about hazards, methods to prevent harm, and the OSHA standards that apply to their workplace. The training must be in a language you can understand;
-Observe testing that is done to find hazards in the workplace and get test results
- Review records of work-related injuries and illnesses
-Get copies of their medical records;
-Request OSHA to inspect their workplace; and
-Use their rights under the law free from retaliation and discrimination. _____________________________________________
Question: What are employers' responsibilities under the Occupational Safety and Health Act (OSHA)?
Answer:Employers have the responsibility to provide a safe workplace. Employers MUST provide their employees with a workplace that does not have serious hazards and follow all OSHA safety and health standards. Employers must find and correct safety and health problems. OSHA further requires that employers have to try to eliminate or reduce hazards first by making changes in working conditions rather than just relying on masks, gloves, ear plugs or other types of personal protective equipment (PPE). Switching to safer chemicals, enclosing processes to trap harmful fumes, or using ventilation systems to clean the air are examples of effective ways to get rid of or minimize risks.
Answer: The employee must provide medical and factual evidence to establish five basic elements:
The claim was filed within the time limits set by the FECA;
The injured or deceased person was an employee within the meaning of the FECA:
The injury, accident or employment factor actually occurred, and a medical condition was diagnosed in connection with the injury or event;The employee was in the performance of duty when the event(s) leading to the claim occurred; and The medical evidence establishes that the diagnosed condition is causally related to the injury or event.
________________________________________
Question: How do employees file for workers' compensation if they work for a private company or state or local government ?
Answer: Individuals injured on the job while employed by private companies or state or local government should contact their state workers' compensation board.
________________________________________
Question: Can I be punished or discriminated against for exercising my rights under the Occupational Safety and Health Administration (OSHA)?
Answer: No. The OSH Act protects workers who complain to their employer, OSHA or other government agencies about unsafe or unhealthful working conditions in the workplace or environmental problems. You cannot be transferred, denied a raise, have your hours reduced, be fired, or punished in any other way because you used any right afforded to you under the OSHA Act. Help is available from OSHA for whistle blowers.
_____________________________________________
Question: What must a federal employee do when injured at work?
Answer: Report the injury to the supervisor right away and obtain first aid as necessary;Complete a written report (Form CA-1 or CA-2) and give it to the supervisor; If a traumatic injury is involved, and further medical treatment is needed, obtain authorization (Form CA-16) from the supervisor for treatment by a physician of the employee's choice. If that physician is not available, the employee still has the right to choose a treating physician and should therefore select another;If a traumatic injury is involved, furnish the supervisor with medical evidence of any disability within 10 calendar days of claiming continuation of pay.
_____________________________________________
Question: What is the time limit for filing notice of injury and claim for federal workers' compensation?
Answer: A notice must be filed within three years of the date of injury. However, if a claim is not filed within three years, compensation may still be paid if written notice of injury was given within 30 days, or the employer had actual knowledge of the injury within 30 days after it occurred.
______________________________________________
Question: How does the Office of Workers' Compensation Programs (OWCP) decide whether a federal employee's worker's compensation case can be accepted?
Answer: Some very simple cases with medical expenses below a set threshold are accepted automatically. In most cases, however, OWCP claims staff consider the factual and medical evidence sent by the employee and the
employer.
OWCP claims staff apply the law, the regulations, and the procedures to this factual and medical evidence. They also apply decisions of the Employees' Compensation Appeals Board and administrative decisions of OWCP as set forth in Federal Employees' Compensation Act (FECA) Program Memoranda.
_______________________________________________
Question: What can I do if I think my workplace is unsafe?
Answer: If you believe working conditions are unsafe or unhealthful, we recommend that you bring the conditions to your employer's attention, if possible. Workers, or their representatives, may file a complaint and ask OSHA to inspect their workplace if they believe there is a serious hazard or their employer is not following OSHA standards. A worker can tell OSHA not to let their employer know who filed the complaint. It is against the Act for an employer to fire, demote, transfer or discriminate in any way against a worker for filing a complaint or using other OSHA rights.
You can file a complaint online; download the form and mail or fax it to the nearest OSHA office. Most complaints sent in on line may be resolved informally over the phone with your employer. Written complaints that are signed by a worker or their representative and submitted to the closest OSHA office are more likely to result in onsite OSHA inspections.
When the OSHA inspector arrives, workers and their representatives have the right to:
Go on the inspection.Talk privately with the OSHA inspector. Be part of meetings with the inspector and the employer before and after the inspection is conducted. Where there is no union or employee representative, the OSHA inspector must talk confidentially with a reasonable number of workers during the course of the investigation.
An inspector who finds violations of OSHA standards or serious hazards may issue citations and fines. A citation includes the methods an employer must use to fix a problem and the date by when the corrective actions must be completed. Workers only have the right to challenge the deadline for when a problem must be resolved. Employers, on the other hand, have the right to contest whether there is a violation or any other part of the citation. Workers or their representatives must notify OSHA that they want to be involved in the appeals process if the employer challenges a citation. If you send in a complaint requesting an OSHA inspection, you have the right to find out the results of the OSHA inspection and request a review if OSHA decides not to issue citations.
____________________________________________
Question: What are my rights under the Occupational Safety and Health Act?
Answer: Workers are entitled to working conditions that do not pose a risk of serious harm. To help assure a safe and healthful workplace, OSHA also provides workers with the right to: Receive information and training about hazards, methods to prevent harm, and the OSHA standards that apply to their workplace. The training must be in a language you can understand;
-Observe testing that is done to find hazards in the workplace and get test results
- Review records of work-related injuries and illnesses
-Get copies of their medical records;
-Request OSHA to inspect their workplace; and
-Use their rights under the law free from retaliation and discrimination. _____________________________________________
Question: What are employers' responsibilities under the Occupational Safety and Health Act (OSHA)?
Answer:Employers have the responsibility to provide a safe workplace. Employers MUST provide their employees with a workplace that does not have serious hazards and follow all OSHA safety and health standards. Employers must find and correct safety and health problems. OSHA further requires that employers have to try to eliminate or reduce hazards first by making changes in working conditions rather than just relying on masks, gloves, ear plugs or other types of personal protective equipment (PPE). Switching to safer chemicals, enclosing processes to trap harmful fumes, or using ventilation systems to clean the air are examples of effective ways to get rid of or minimize risks.
