Navigating the bureaucratic behemoth that is federal workers’ compensation may look and seem like an insurmountable task, and many injured federal workers do not know how the process plays out and even assume that they will continue to receive benefits indefinitely. However, the reality is quite different, as OWCP and FECA legislation aims to ensure that the injured federal worker returns to work within a reasonable timeframe, and if they can do so according to their health status, doctor’s recommendation as well as the availability of a work position that suits them going forward. The return-to-work process for these individuals can sometimes be stressful and convoluted, and this is why it is advisable to seek out the services of an experienced federal workers’ compensation law firm in order to streamline the entire process.

Are you an injured federal worker with questions about federal workers’ compensation and the return-to-work process? Whether you’re looking to apply for compensation or are currently receiving benefits but are unhappy about the treatment, received a denial, or anything to do with the process in general, please reach out to us NOW at 312-444-0214 to learn more about how we can help. The experienced federal workers’ compensation office at McCready Law has over two decades of experience helping individuals just like you, and we’ve helped hundreds of injured federal workers countrywide receive compensation, stay on their benefits, reverse a denial and even help them transition to return to work program as laid out by OWCP and FECA.

We serve injured postal workers, TSA employees, correction officers, individuals in the ministry of defense, those that work in the agriculture forest service federal department, federal firefighters under the U.S Fire Administration department, IRS agents, and countless other federal departments. Please call us NOW at 312-444-0214 (we have a bilingual staff: hablamos Espanol) to speak with one of our friendly and experienced federal workers’ compensation attorneys. Regardless of where you are in the country, we can help, so call us NOW at 312-444-0214 – the consultation is 100% FREE.

FECA and Injured Federal Workers – What Does The Law Say?

The Federal Workers Compensation Act is a piece of legislation that legitimizes return to work for injured federal workers, and it lays out the framework which must be implemented and followed for successful reintegration into work. The Act states the following:

1. Federal employing agencies are bound by a duty to reemploy injured federal workers provided that they have reached a level of recovery that makes it possible for them to resume either their original position, or one that is similar when it comes to pay and responsibilities. 5 U.S.C. § 8151 states that the federal agency must make all reasonable efforts to return a federal employee to work if the requirements named above have been met.
2. Your employing agency is also legally mandated to provide light duty assignments and make other reasonable workplaces accommodations if you suffered an injury or contracted an illness that makes it impossible to return to work on a full capacity basis. Your rights regarding light duty assignment provision are protected under 20 CFR § 10.505.
3. Vocational rehabilitation refers to the provision of services such as retraining, job search help, job placement and so on which are available to injured federal workers who suffered a severe injury that returning to their original work position may be next to impossible; this is outlined in 20 CFR § 10.300.
4. Wage loss compensation is a central part of federal workers’ compensation, and it is provided to injured federal workers who are unable to earn wages they used to earn prior to their injuries, as stipulated by 5 U.S.C. § 8105 and § 8106.

Return to Work for Injured Federal Workers – What’s The Process Like?

Returning to work as an injured federal worker incorporates many moving parts – you don’t just show up to work when you feel like you’ve made a decent enough recovery: first, you must complete all your treatment and rehabilitation requirements as indicated by your physician or healthcare provider. Next, this healthcare provider evaluates your overall health and recovery process and then makes informed medical recommendations regarding what you can and cannot do work-wise. He or she will have to fill out forms CA-17, also known as Duty Status Report, and CA-20, or Attending Physician’s Report to indicate your health and recovery status. Of course, if you are sent to a second opinion examination, that may alter the process and require you to seek our assistance.

Return To Work – What Are Federal Agencies Required to Do?

Your agency is then supposed to take these recommendations and then identify any light duty assignments you can carry out without putting any undue strain on your health and body. They are also supposed to make workplace accommodations such as making sure your desk is in walkable distance, the installation of wheelchair ramps, ensuring that you have a designated driver if you cannot operate a vehicle due to your condition, cutting your hours back so you don’t strain too much, alleviating your work load by delegating it to other able-bodied federal workers and so on. According to 20 CFR § 10.505, the agency is legally required to make a good faith effort to make these adjustments so you can continue to be a productive employee of the federal government. Unfortunately, some Agencies do not follow these guidelines and are less sympathetic and helpful to the injured workers and their return to work.

Vocational Rehabilitation and Injured Federal Workers

When it comes to vocational rehabilitation. DOL and OWCP will work together to find you a rehabilitation counselor who will take stock of your skills, available job market opportunities and your own interests in order to come up with a game plan which will facilitate your moving to a suitable, new career. Rehabilitation services can include things like counseling, work retraining, help with looking for jobs, and if you are an entrepreneur at heart, support for your small business plans. However, this process can be tricky and result in your wages being terminated even before you are successfully reemployed.

Gradual Return to Work – The End Goal

It is important to note that the whole process is not meant to keep you in modified work duty mode forever: the idea is to ease you back into work if you keep making progress with regard to your health. You may see your work hours being increased gradually, and work duties being enhanced over time. You will be provided with time to mentally and physically adjust so you can make a seamless transition back to your position as a federal worker. Unfortunately, sometimes this process is unsuccessful and then you must fight to retain your wages from OWCP.

Need Help Making Sense of it All? We’re Here for You

If you’re a newly injured federal worker, or are one currently receiving benefits under the federal workers’ compensation program and are either wanting more information on return-to-work program, need your benefits increased, were denied after applying for benefits, or have any other pressing legal concern to help ensure you continue to receive compensation, we’re here for you. Please, call us NOW at 312-444-0214 to speak with an experienced and friendly workers’ compensation attorney for FREE, and together, we’ll chart a way forward. Thanks for choosing McCready Law, and we look forward to helping you.