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While federal employees are generally excluded from state workers’ compensation funds, the Federal Employees’ Compensation Program provides similar benefits for workers suffering on-the-job injuries or illnesses. When a worker suffers a traumatic injury that results in a disability, Continuation of Pay (COP) for injured federal workers is an important benefit intended to bridge the gap from the date of the injury until the worker has begun receiving disability benefits from the compensation program. COP is paid by the employing agency, not the Federal Employees’ Compensation Program. An experienced federal workers’ compensation lawyer could provide more information about this benefit.
Most federal employees are eligible to receive Continuation of Pay from their employer for the first 45 days of disability following a traumatic injury that occurs on the job. The Federal Employees’ Compensation Program defines a traumatic injury as a specific injury that occurred due to a single event or incidents occurring in a single workday.
Postal service employees cannot receive this benefit for the first three days of a disability that lasts at least 14 days. In order to receive COP, the injured employee must submit a Traumatic Injury (CA-1) form to the agency they work for within 30 days of the injury. In addition to the form, the claimant must also provide proof of the injury, such as notes from the doctor.
Employees who are injured but are still able to perform light duties at work can still receive Continuation of Pay for the hours they are unable to work. If an employee is on light duty and must miss work to attend an injury-related doctor’s appointment, COP can be used.
Volunteers of federal programs, such as Civil Air Patrol and Peace Corps, are not eligible for Continuation of Pay unless they are also paid federal employees. Grand jurors and individuals in work-study programs are also ineligible to seek compensation through COP.
Injured federal workers can receive COP benefits for 45 days. However, these days can be successive or intermittent. What this means is that if the injured worker can return to work before the 45 days have passed, the benefits will remain available should the injury become aggravated later within the 45-day period.
Because the CA-1 form is used by the Office of Workers’ Compensation Programs to approve both COP and compensation program wage replacement benefits, claimants do not need to submit different applications to receive these benefits. If a federal worker’s injury is permanent and they are unable to return to work, they may be eligible for Federal Disability Retirement.
Unlike workers’ compensation wage replacement benefits paid by the Federal Employees’ Compensation Program, Continuation of Pay benefits are taxed and subject to other withholding just as a worker’s ordinary salary would be.
If you’re an injured federal worker who wants to learn more about Continuation of Pay, contact the workers’ compensation team at McCready Law. We can provide a free case evaluation to learn more about your situation and help you determine the legal options for compensation that are available. We have been serving injured federal workers and assisting them in the claims process for many years – and we can help you anywhere in the country.