January 2022 Bar Bulletin
By Christina Faliero
Federal workers who sustain work-related injuries or illnesses cannot sue1 the federal government in tort, and instead must file a claim for benefits defined by the Federal Employees’ Compensation Act (FECA). The U.S. Department of Labor, Office of Workers’ Compensation Programs (OWCP) adjudicates FECA claims and has the sole authority to determine whether a federal worker will be entitled to coverage of medical care, disability compensation benefits, or payment for a permanent impairment. Beyond the painstaking uncertainty and stress the OWCP process causes many federal workers, the FECA itself limits federal workers’ access to healthcare. Specifically, the statute...