The notice of traumatic injury is given on Form CA–1.
FECA requires that written notice of a traumatic injury be given by the employee, or person acting on behalf of the employee, within 3 years of the injury. However, failure to give notice on Form CA–1 within 30 calendar days from the date the injury occurred will result in a loss of entitlement to COP and may also result in a loss of compensation rights if the claim for compensation is not filed within 3 years. In order to protect their own interests and to ensure an uninterrupted income, employees should give notice or have someone give notice on their behalf, immediately after the traumatic injury occurs.
The notice of occupational disease or illness is given on Form CA–2.
FECA specifies that notice be given by the employee, or person acting on behalf of the employee, within 3 years of the onset of the condition. In cases of latent disability, the time for filing the claim does not begin to run until the employee has a compensable disability and is aware, or reasonably should be aware of the causal relationship between the disability and the employment. Failure to give notice within this time period may result in a loss of compensation rights. If the claim is not filed within 3 years, compensation may still be allowed if notice of injury was given within 30 days or the employer had actual knowledge of the injury or death within 30 days after occurrence. This knowledge may be evidenced by written records or verbal notification.
Note: Continuation of regular pay is not applicable in instances of occupational disease or illness.
The notice of recurrence is given on Form CA–2a.
A specific time limit for giving the notice of recurrence is not specified by FECA. The recurrence should be reported by the employee if it causes the employee to lose time from work and incur a wage loss or if the employee experiences a renewed need for treatment after previously being released from care.
A claim for compensation benefits by a survivor of an employee whose death was related to a job–related injury or illness is made on Form CA–5 or Form CA–5b by the survivors or person acting on behalf of the survivors. The form is given to the control office. The survivors may also submit the completed Form CA–5 or CA–5b directly to OWCP.
A claim for death benefits must be filed within 3 years of the death. The filing of a notice of injury or occupational disease will satisfy the time requirements for a death claim as a result of the same injury or disease. In the case of death due to latent disability, the time for filing does not begin until the survivors are aware, or reasonably should be aware, of the causal relationship between the death and factors of the employee’s postal employment.
Forms CA–1, CA–2, CA–2a, CA–5, and CA–5b describe the evidence required. The evidence submitted must be reliable, probative, and substantial. The employee is responsible for establishing that five requirements have been met for a claim to be accepted. The five requirements are:
- The claim was filed within the time limits specified by FECA.
- The injured person was, at the time of injury, an employee of the United States as defined in 5 U.S.C. 8101.
- The fact that an injury, disease, or death occurred.
- The injury, disease, or death occurred while the employee was in the performance of duty.
- The medical condition for which benefits are claimed is causally related to the claimed injury, disease, or death.
The employee is responsible for submitting a medical report from the attending physician. (See 545.5 and 545.51 for requirements of medical reports and rules governing submission to OWCP.)
The employee must submit medical evidence to substantiate any claimed disability.
In COP cases, the employee must ensure the following:
- That medical evidence supporting disability resulting from the claimed traumatic injury, including a statement as to when the employee can return to his or her date–of–injury job, is provided to the control office or control point within 10 calendar days after the claim for COP is filed.
- That the treating physician specifies work limitations and provides them to the control office or control point and representatives of OWCP.
Any employee, supervisor, or representative who knowingly makes a false statement with respect to a claim under FECA may be subject to a fine of not more than $10,000 or 5 years in prison, or both.
Any employee, supervisor, or representative who, with respect to a claim under FECA, enters into any agreement to obtain the payment or allowance of any false or fraudulent claim may be subject to a fine of not more than $10,000 or 10 years in prison, or both.
Any employee or supervisor responsible for making reports in connection with an injury who willfully fails, neglects, or refuses to do so; induces, compels, or directs an injured employee to forego filing a claim; or willfully retains any notice, report, or paper required in connection with an injury may be subject to a fine of not more than $500 or 1 year in prison, or both.
A beneficiary who pleads guilty or is found guilty of federal or state criminal charges of defrauding the federal government in connection with a claim for benefits is barred from entitlement to all future benefits for any injury occurring on or before the date of guilty plea or verdict. The effective date of termination of benefits is the date the guilty plea is accepted or the date a verdict of guilty is found after trial.
