Injured "FEDERAL WORKERS" Information "HOME PAGE" "PAGE THREE"
My intentions are to put some sort of a "checklist" of things to be CERTAIN to do. Also perhaps a "checklist" of things to AVOID
What To Do...
In Case of Injury, obtain first aid or medical treatment even if the
injury is minor. While many minor injuries heal without treatment, a few
result in serious prolonged disability that could have been prevented
had the employee received treatment when the injury occurred.
For traumatic injuries, ask your employer to authorize medical
treatment on Form CA-16 BEFORE you go to the doctor. Take Form CA-16 when you
go to the doctor, along with Form OWCP-1500, which the doctor must use
to submit bills to OWCP. Your employer may authorize medical treatment
for occupational disease ONLY if OWCP gives prior approval.
Submit bills promptly, as bills for medical treatment may not be paid
if submitted to OWCP more than one year after the calendar year in which
you received the treatment or in which the condition was accepted as
compensable.
Report Every Injury to your supervisor. Submit written notice of your
injury on Form CA-1 if you sustained a traumatic injury, or Form CA-2
if the injury was an occupational disease or illness. (Forms CA-1 and
CA-2 may be obtained from your employing agency or OWCP.)
Form CA-1 must be filed within 30 days of the date of injury to receive
continuation of pay (COP) for a disabling traumatic injury. COP may be
terminated if medical evidence of the injury- related disability is not
submitted to your employer within 10 workdays. YOU ARE RESPONSIBLE FOR
ENSURING THAT SUCH MEDICAL EVIDENCE IS SUBMITTED TO YOUR EMPLOYING
AGENCY. Form CA-2 should also be filed within 30 days. Any claim which is
not submitted within 3 years will be barred by statutory time
limitations unless the immediate superior had actual knowledge of the injury or
death within 30 days of occurrence.
Establish the Essential Elements of Your Claim. You must provide the
evidence needed to show that you filed for benefits in a timely manner;
that you are a civil employee; that the injury occurred as reported and
in the performance of duty; and that your condition or disability is
related to the injury or factors of your Federal employment. OWCP will
assist you in meeting this responsibility, which is called burden of
proof, by requesting evidence needed to fulfill the requirements of your
claim.
File a Claim for Compensation. File Form CA-7, Claim for Compensation
on Account of Traumatic Injury or Occupational Disease, if you cannot
return to work because of your injury and you are losing (or expect to
lose) pay for more than three days. Give the form to your supervisor
seven to ten days before the end of the COP period, if you received COP.
If you are not entitled to COP, submit Form CA-7 when you enter or
expect to enter a leave without pay status. All wage loss claims must be
supported by medical evidence of injury-related disability for the period
of the claim.
If you continue to lose pay after the dates claimed on Form CA-7,
submit Forms CA-8 Claim for Continuing Compensation on Account of
Disability, through your employer to claim additional compensation until you
return to work or until OWCP advises they are no longer needed. You are not
required to use your sick or annual leave before you claim
compensation.
If you choose to use your leave, you may, with your agency's
concurrence, request leave buy-back by submitting Form CA-7 to OWCP through your
employing agency. Any compensation payment is to be used to partially
reimburse your agency for the leave pay. You must also arrange to pay
your agency the difference between the leave pay based on your full
salary and the compensation payment that was paid at 2/3 or 3/4 of your
salary. Your agency will then recredit the leave to your leave record.
Return To Work As Soon As your Doctor Allows You To Do So. If your
employing agency gives you a written description of a light duty job, you
must provide a copy to your doctor and ask if and when you can perform
the duties described. If your agency is willing to provide light work,
you must ask your doctor to specify your work restrictions. In either
case, you must advise your agency immediately of your doctor's
instructions concerning return to work, and arrange for your agency to receive
written verification of this information. COP or compensation may be
terminated if you refuse work which is within your medical restrictions
without good cause, or if you do not respond within specified time limits
to a job offer from your agency.
In appropriate cases, OWCP provides assistance in arranging for
reassignment to lighter duties in cooperation with the employing agency. In
addition, injured employees have certain other specified rights under the
jurisdiction of the Office of Personnel Management, such as
reemployment rights if the disability has been overcome within one year.
Tell Your Family about the benefits they are entitled to in the event
of your death. For assistance in filing a claim they may contact your
employing agency's personnel office or OWCP.
Right to see own physician
Any employee who gets injured on the job has the right to see their own
physician. (ELM Section 545.4)
545.4 Implementing Medical Care
545.41 Emergency Treatment
An employee needing emergency treatment must be sent to the nearest
available physician or hospital or to a physician or hospital chosen by
the employee or the employee’s representative. The physician who provides
emergency treatment is not considered the employee’s initial choice of
physician.
545.44 Outside Treatment in a Nonemergency Situation
In a nonemergency situation, if an employee does not accept treatment
at a Postal Service occupational health services office or contract
facility, the employee may select a physician or hospital within
approximately 25 miles of his or her home or worksite. The physician’s office
should be contacted by telephone by the control office or control point to
determine if the physician is available and will accept the employee
for treatment under FECA. If not, the employee must select another
qualified physician or hospital. A postal supervisor is not authorized to
accompany the employee to a medical facility or physician’s office in
nonemergency situations
Editor's note: Over the years I have witnessed many employees injured
at work and fail to request to see their own physician. The people at
medical units and US Postal Service contract physicians (in my opinion)
are not acting in the best interest of the employee but in the interest
of the USPS and that is >>>to get injured employees back to work as
soon as possible regardless of the well-being of the an employee.
TIMELINESS
Federal agencies are required by regulation to submit an employee's
Notice of Injury (Form CA-1 or CA-2) within 10 working days (or 14
calendar days) of receiving it from an employee, if lost time from work or
medical expenses are claimed or anticipated [20 CFR 10.110(a)].
Regulations require that the CA-7 should be submitted no later than 5 working
days (or 7 calendar days) after its receipt from the employee [20 CFR
10.112(b)]. This prompt submission is critical if OWCP is to be able to
serve injured workers' needs, and especially to ensure that medical bills
can be processed timely.