Employer Responsibilities

The FECA Practice Guide provides insight into the most frequent mistakes  federal agencies make when processing workers’ claims for wage loss compensation. The Guide will assist the federal workers  representing themselves, and their representatives in avoiding the most frequent mistakes that delay or frustrate the application for wage loss. Knowing your rights is essential to a successful claim.

A sample of topics covered in more detail in the FECA Practice Guide:

(All citations refer to Chapter 20 of the Code of Federal Regulations (CFR).)

  • When an employee sustains a work-related traumatic injury that requires medical examination, medical treatment, or both, The employer IS REQUIRED TO issue OWCP Form CA-16 within four hours of the claimed injury. If the employer gives verbal authorization for such care, he or she should issue a Form CA-16 within 48 hours. The employer is not required to issue a Form CA-16 more than one week after the occurrence of the claimed injury.  20 CFR 10.300
  • The employer should advise the employee of the right to his or her initial choice of physician. 
  • The physician designated on Form CA-16 may refer the employee for further examination, testing, or medical care. OWCP will pay this physician or facility’s bill on the authority of Form CA-16.   20 CFR 10.301.  
  • The employing agency must complete the agency portion of OWCP Form CA-1 (for traumatic injury) or OWCP Form CA-2 (for occupational disease) no more than 10 working days and forward the Form to the OWCP. 20 CFR § 10.110   
  • The employer if prohibited from delaying the forwarding the OWCP claim Form CA 1 or OWCP Form Ca 2 to OWCP within 10 working days even if the employer disagrees with an aspect of the injury claim. 20 CFR § 10.117 (b)
  • The employer is required to complete and forward OWCP Form CA 7 or 7a for wage loss compensation and accompanying medical reports to OWCP within five working days of receipt. 20 CFR §§ 10.111-112.
  • If Form CA 1 for traumatic injury is filed within 30 days of the injury, the employee’s pay must continue for each workday not worked for 45 calendar days. This is called continuation of pay, or COP.  20 CFR 20 §10.200  
  • The employer may not require the employee to use his or her own sick or annual leave, with a few exceptions. Postal employees are not paid COP for the first three days of COP. OWCP has the exclusive authority to determine questions of entitlement and all other issues relating to COP. 20 C.F.R.§ 10.200 et seq.
  •  It is a criminal offense for a supervisor to willfully fail to process forms for compensation or willfully fail, neglect, or refuse to make any of the reports, or knowingly file a false report, or induces, compels, or directs an injured employee to forego filing of any claim for compensation. 18 USC § 1922.
  • Employers will sometimes incorrectly attempt to require an employee to file a Form CA 2a for a recurrence claim for the new injury referring it to the earlier injury.