FECA Claims: Federal Employee Workers' Compensation Rights and Process in 2025

The Federal Workers' Compensation System Most People Don't Know Exists

Federal government employees who are injured on the job are not covered by any state's workers' compensation system. They are covered by the Federal Employees' Compensation Act (FECA), a separate federal statute administered by the Office of Workers' Compensation Programs (OWCP) within the Department of Labor.

FECA covers approximately 2.8 million federal civilian employees across hundreds of agencies. Understanding the FECA system — its benefits, its claims process, and how it differs from state workers' comp — is essential for any federal employee facing a work-related injury.

Who Is Covered by FECA?

FECA covers civilian employees of the United States government, including:

• Federal employees of executive branch agencies (IRS, USPS, VA, DoD civilians, TSA, FBI, DEA, border patrol)
• Legislative branch employees (Congress, Library of Congress, Government Accountability Office)
• Judicial branch employees
• Peace Corps and AmeriCorps volunteers in some circumstances
• Job Corps enrollees

FECA does not cover military personnel (covered by separate military compensation systems) or contractors working for federal agencies (potentially covered by state workers' comp or the LHWCA).

FECA Benefits: What Federal Employees Receive

FECA provides broader benefits in some respects than state workers' comp programs:

Medical Benefits

FECA provides unlimited medical benefits for all treatment causally related to the work injury, including surgery, prescription drugs, medical devices, and home health care. There are no monetary caps and no treatment time limits. Workers choose their own physicians, unlike some state systems that require treatment through employer-selected providers.

Wage Loss Benefits

FECA provides two rates of wage replacement:

• **75 percent** of the worker's salary if the worker has at least one dependent (spouse, child, or other qualifying dependent)
• **66⅔ percent** for workers without dependents

These rates are higher than most state workers' comp programs, which typically pay two-thirds or less. Benefits continue as long as the disability persists and the worker cooperates with vocational rehabilitation when offered.

Schedule Awards for Permanent Impairment

For permanent partial impairment of specific body parts, FECA provides schedule awards based on a specific number of weeks of compensation. The award is calculated from the schedule multiplied by the FECA weekly compensation rate.

Death Benefits

Survivors of federal employees killed in the line of duty receive:

• 45 percent of the employee's pay to a surviving spouse without children
• 25 percent to a surviving spouse with children, plus 15 percent per child
• Reasonable funeral and burial expenses

The FECA death benefit for law enforcement officers killed in the line of duty is subject to enhanced provisions under the Public Safety Officers' Benefits Act, which provides an additional separate federal death benefit.

The FECA Claims Process

Traumatic Injury Claims (CA-1)

A CA-1 form is filed for injuries that occur at a specific time and place — a slip and fall, a vehicle accident, a lifting injury. The form must be filed with the employing agency within 3 years of the injury.

OWCP has 45 days to act on a CA-1. In the interim, the employing agency must pay up to 45 days of continuation of pay (COP) while the claim is pending, as long as the worker provides medical documentation within 10 days and the injury is documented as work-related.

Occupational Disease Claims (CA-2)

A CA-2 form is filed when the injury or condition was caused or aggravated by factors in the work environment over time — repetitive motion disorders, hearing loss, respiratory conditions, chemical exposure, and psychological conditions caused by workplace stress. The CA-2 must include medical documentation establishing the relationship between the work conditions and the condition.

OWCP Decision Process

OWCP may accept the claim, place it in "accepted" status, or deny it. Denied claims can be challenged through reconsideration or by filing with the Employees' Compensation Appeals Board (ECAB), which is separate from the OWCP adjudication process and provides a second level of review.

Key Differences Between FECA and State Workers' Comp

The most significant difference is that FECA does not permit lump-sum settlements of ongoing disability. Benefits continue indefinitely as long as disability persists. For workers with severe permanent disabilities, this can result in lifetime federal benefits that exceed what a lump-sum settlement in state workers' comp would have provided.

FECA and Third-Party Claims

Like other workers' compensation systems, FECA preserves the right to sue third parties who caused the injury. When a federal employee is injured by a third party — a defective product, a negligent driver, an unsafe condition created by a non-federal property owner — the worker can pursue a tort claim while receiving FECA benefits.

The United States retains a lien for benefits paid under FECA against any third-party recovery. Your attorney must factor this lien into settlement negotiations.

Working With a FECA Attorney

FECA claims, particularly for denied claims and occupational diseases, benefit substantially from legal representation. Attorneys who practice FECA law are familiar with the OWCP decision-making process, the standards for establishing occupational disease causation, and the ECAB appeals process. Many represent clients on a contingency basis or for fees capped under OWCP fee regulations.