For injured federal workers, the race is on to try and rebuild their lives in order to maintain a steady stream of income so they can weather the storms that roll in due to an unexpected injury or occupational illness. Federal workers are an invaluable part of the federal government, and just one person calling in sick and needing to be off work for weeks or even months can throw a monkey wrench in the system, making efficient work something akin to a fictional tale. To this end, the federal government by way of FECA started a program meant to financially and medically take care of injured and unwell federal workers until they achieve a state known as maximum medical improvement.

However, this program is mired by red tape, lengthy waiting periods, and sometimes, denials. A denial can feel like the end of the world, and you may feel like your chances of maintaining the status quo with regard to your finances and health are slipping through your fingers. Not only do we understand this feeling, but we’ve also handled numerous such cases on behalf of hundreds of such clients, and we can help with this stressful and often traumatic OWCP judgment.

Are you looking for the best federal workers’ compensation denial attorney? Please call us NOW at 312-444-0214 to learn more about how we can overturn this OWCP decision. Appeals are possible, and in some cases, innovative legal strategies that can be used to turn this denial into an approval, no matter how many times you may have received a NO from OWCP. We serve federal workers countrywide, whether you got injured on the job or contracted an occupational illness in the line of duty. We run a bilingual office (hablamos Espanol), and our team of highly efficient and friendly federal workers’ compensation attorneys keep you abreast and up to date with your case’s particulars every step of the way.

We have access to investigators, physicians and other healthcare workers who are willing to look at your case with a fresh pair of eyes and make objective medical recommendations so you can have your federal workers’ compensation approved in as little time as possible. Need your FREE legal consultation into how we can help turn a denial into an approval? Simply call us NOW at 312-444-0214 to speak with one of our attorneys so we can advise you on how to move forward with your claim.

Statutes and Regulations

Before considering an appeal, it is important to have a clear understanding the regulations and statutes that oversee the entire process.

1. FECA, or the Federal Employees’ Compensation Act, or FECA is a piece of legislation which oversees the federal workers’ compensation process; it details who is eligible, the entire claims process as well as the avenues one can use in order to appeal a denial.
2. The Code of Federal Regulations, or CFR is a collection of regulations which informs DOL workers on how to administer FECA statutes and laws.
3. Department of Labor or DOL regulations are laws which detail procedures on how to manage all claims coming into OWCP or the Office of the Workers’ Compensation Programs.

It is important to note that claims examiners working for OWCP are not automatons, nor are they above making mistakes. To this end, procedural errors may be one of the major reasons for federal workers’ compensation denials, as we’ve often seen in the past handling injured federal workers cases.

Some of these procedural errors include:

1. The incorrect interpretations of regulations and statutes by newly hired claims examiners when it comes to assessing compensable injuries and illnesses
2. Failure to provide adequate notice as well as meet timeline goals by claims examiners as well as your employing agencies. These deadlines exist for a reason, and failure to adhere to them may make it possible for you to launch an appeal citing the same.
3. Agency failing to exhaustively consider your medical evidence: this is a common issue since OWCP may use their own doctor to dispel or discredit your injury or illness without taking all the medical evidence in concert to determine if there is a medical consensus.
4. Conflict of interest or biases inherent in the claim examiner’s outlook may cloud their decision-making process, thereby influencing their ability to approve your claim.

One of the best and novel ways of fighting a federal workers’ compensation denial is by the use of legal precedents. This requires the assistance of an experienced federal workers’ compensation attorney from our firm to comb through past cases in order to find a number that are similar to your current legal quandary in order to have your denial overturned or reversed.

1. One can demonstrate that OWCP deviated from established legal precedents, thereby legitimizing your claim
2. One can also come up with legal arguments which demonstrate the existence of your principles as well as fact patterns that support your claim
3. One can also show that their action of denying your legal claim does not align with case law

Legal precedents are a powerful tool, which, if used well, can be difficult to dispute, thereby reversing your denial into an approval in no time.

How Expert Medical Evidence Can Reverse a Denial

A denial may also be overturned by way of seeking out additional expert Medical Evidence in favor of your case’s particulars. This is because OWCP places a lot of weight on the words and recommendations of medical and other experts, particularly if the opinions of said experts align with those of their peers. These experts may overturn OWCP’s decision to deny you benefits as an injured federal worker if they are able to demonstrate a causal relationship between your injuries or your occupational illness and the work activity or exposure that caused it. In addition, these experts can objectively oppose OWCPs finding and provide reasons for their opposition, as well as mention industry standards when it comes to the treatment of your injuries or illness, thereby showing that your initial medical report and the recommendations contained therein were not only accurate, but were in line with said standards.

Was Your Federal Workers’ Compensation Claim Denied? We Can Help!

The attorneys at McCready Law are ready to launch a successful legal game plan in order to reverse your denial. We’ve helped injured and unwell federal workers just like you for over two decades get, keep and even increase their benefits. We’ll take over the fight and only reach out to you for paperwork or medical assessments, so you can sit back and focus on healing and getting better with each passing day. If you’d like your 100% FREE legal consultation into your denied federal workers’ compensation claim no matter where you are in the country, simply call us NOW at 312-444-0214 to speak with one of us. Thanks, and we look forward to hearing from you.