Federal Employees' Compensation Act (FECA)

The Federal Employees' Compensation Act provides workers' compensation benefits to federal civilian employees who are injured or become ill due to their job. Administered by the Department of Labor's Office of Workers' Compensation Programs (OWCP), FECA covers approximately 2.7 million federal employees — from postal workers and VA nurses to park rangers and IRS agents. Benefits include medical treatment, wage replacement (2/3 to 3/4 of salary), vocational rehabilitation, and death benefits for survivors.

Current Law (2026)

Legal Authority

• 5 U.S.C. § 8102 — Compensation for disability or death (the United States shall pay compensation for personal injury sustained while in the performance of duty)
• 5 U.S.C. § 8103 — Medical services and supplies (employees are entitled to all medical treatment the Secretary of Labor considers necessary, including surgery, hospital care, medications, and prosthetic devices)
• 5 U.S.C. § 8104 — Vocational rehabilitation (the Secretary may direct an employee to participate in vocational rehabilitation when the injury prevents return to the former position)
• 5 U.S.C. § 8105 — Total disability (compensation for total disability: 66 2/3% of monthly pay, or 75% if the employee has dependents)
• 5 U.S.C. § 8106 — Partial disability (compensation for wage loss due to partial disability, calculated as 66 2/3% or 75% of the difference between pre-injury and post-injury earning capacity)
• 5 U.S.C. § 8107 — Compensation schedule (scheduled awards for permanent impairment to specified body members — arm, leg, hand, foot, eye, ear, etc.)
• 5 U.S.C. § 8116 — Exclusive remedy (FECA benefits are the exclusive remedy against the United States for work-related injury or death — barring tort claims)
• 5 U.S.C. § 8118 — Continuation of pay (45 days of full salary continuation for traumatic injuries, beginning on the date of injury)
• 5 U.S.C. § 8133 — Death benefits (if an employee dies from a work-related injury, eligible survivors receive 75% of the employee's salary)

How It Works

FECA operates as the federal government's own workers' compensation system, replacing state workers' compensation laws that would otherwise apply to most employers. The system is no-fault: an employee who is injured "while in the performance of duty" receives benefits regardless of who caused the injury. In exchange, FECA is the exclusive remedy — federal employees cannot sue the government in tort for workplace injuries, even if the government was negligent.

When a federal employee suffers a traumatic injury (a specific incident at a specific time), they receive continuation of pay — 45 calendar days of full salary while the claim is processed. This immediate income protection is a significant advantage over many state workers' comp systems, which may impose a waiting period before benefits begin.

After continuation of pay ends (or from the start for occupational disease claims), the employee receives wage replacement: 66 2/3% of salary if they have no dependents, or 75% with dependents. These benefits are tax-free, making the effective replacement rate close to pre-injury take-home pay. There is no time limit on wage replacement benefits — they continue as long as the disability persists, and total disability benefits can last for life.

Medical benefits cover all treatment the Secretary of Labor deems necessary — surgery, hospitalization, physical therapy, medications, prosthetics, and attendant care. Unlike private insurance, there are no copays, deductibles, or annual/lifetime limits. The employee may initially choose their treating physician, and second opinions are available.

Scheduled awards provide lump-sum or periodic payments for permanent impairment to specific body parts. The schedule assigns a number of weeks of compensation to each body member (312 weeks for an arm, 288 for a leg, etc.). The employee receives 66 2/3% or 75% of salary for each scheduled week, in addition to any wage-loss benefits.

Vocational rehabilitation services are available when an employee cannot return to their pre-injury job. OWCP may require participation in retraining or job placement programs, and can reduce benefits if the employee unreasonably refuses suitable employment.

How It Affects You

If you're a federal employee injured on the job: FECA is your workplace safety net — and it's more comprehensive than most private-sector workers' compensation. Here's how to protect your claim from the start.

File OWCP Form CA-1 (traumatic injury — a specific incident) or CA-2 (occupational disease — a condition caused by the work environment over time) with your supervisor as soon as possible. For CA-1, file within 30 days of the injury to preserve your right to 45 calendar days of full Continuation of Pay (COP) — this is your full salary, not a reduced benefit, paid while OWCP processes your claim. You have 3 years from the date of injury (or from when you knew the injury was work-related) to file any FECA claim at all, but the 30-day window is critical for COP.

Choose your own physician initially — but notify OWCP of your physician's name and contact information. FECA covers all medical treatment your physician determines is necessary: surgery, hospitalization, physical therapy, medications, prosthetics, attendant care — no copays, deductibles, or time limits. Employers cannot direct which physician you see for the first 90 days.

Wage replacement benefits — 66.67% of salary (no dependents) or 75% (with dependents) — are tax-free. For most federal employees, this means the after-tax income replacement is close to pre-injury take-home pay. Benefits have no statutory time limit — total disability benefits can continue for life if your condition doesn't improve. Track your claim through OWCP's Employees' Compensation Operations and Management Portal (ECOMP) at ecomp.dol.gov.

Remember: FECA is the exclusive remedy. You cannot sue the federal government in tort for a work-related injury, even if your supervisor or a coworker was negligent. The tradeoff — no-fault coverage, full medical benefits, and tax-free wage replacement — is generally better than what a tort suit would likely produce.

If your claim is denied, you have 30 days to request reconsideration by OWCP, or 1 year to appeal to the Employees' Compensation Appeals Board (ECAB). Don't let deadlines lapse — if your CA-1 or CA-2 is denied, act immediately.

If you're receiving long-term FECA benefits: OWCP may periodically require updated medical reports from your treating physician and could evaluate your wage-earning capacity. If your condition partially improves, OWCP may determine you can perform limited work and reduce your wage loss benefits to reflect your estimated earning capacity — whether or not you're actually working. Maintain regular medical treatment and physician documentation of your functional limitations. Report any employment earnings to OWCP — failing to report income while receiving wage loss benefits is fraud. If OWCP directs you to vocational rehabilitation, cooperate; unreasonable refusal can result in benefit suspension.

If you're a federal agency manager or HR official: File the employer portion of Form CA-1 within 10 days of learning of an injury. Authorize continuation of pay promptly — delays in COP authorization create gaps in the employee's coverage and potential OWCP complications. Offer light-duty work within the employee's documented medical restrictions when available; OWCP expects agencies to place injured employees in suitable light duty. Failure to provide suitable light duty means OWCP benefits continue fully. Keep close track of open FECA cases: every dollar in FECA benefits paid is charged back to your agency's budget through the chargeback system. Long-term FECA cases that could have been resolved through active return-to-work programs can cost agencies millions — work closely with your OWCP district office and agency safety program to reduce the long-term caseload.

If you're a postal worker (USPS): USPS is FECA's largest single employer, with approximately $800 million in annual FECA costs driven by the physical demands of letter carrier and postal processing work. Common claims include back injuries, repetitive stress, dog bites, slip-and-fall, and vehicle accidents. USPS runs an aggressive return-to-work program — they are required to offer light-duty assignments within your physical restrictions. If USPS offers you a light-duty assignment, evaluate it carefully against your physician's restrictions before accepting. If the offered duty doesn't match your restrictions, exceeds safe work levels, or places you in an unsafe location, document your objections in writing and notify OWCP. Your union — the National Association of Letter Carriers (NALC) or American Postal Workers Union (APWU) — has resources and representatives experienced in FECA disputes. Do not rely solely on USPS's claims management — involve your union early.

If you're a COVID-19 long-hauler who's a federal employee: COVID-19 claims are FECA-compensable if you contracted the virus in the performance of duty. For high-risk federal workers — TSA officers, VA healthcare workers, postal employees, Border Patrol — COVID-19 may carry a rebuttable presumption of work-relatedness, meaning OWCP presumes the infection was job-related unless there's strong evidence to the contrary. For long COVID (chronic fatigue, cognitive impairment, respiratory issues persisting after acute illness), your treating physician must document the ongoing condition and establish its causal link to your acute COVID-19 exposure at work. You have 3 years from when you knew or should have known of the work-related cause of your condition — but file promptly, as medical documentation is stronger closer in time to onset.

State Variations

FECA completely preempts state workers' compensation laws for federal employees:

• Federal employees cannot file state workers' comp claims for federal workplace injuries
• FECA provides the exclusive remedy — no state tort claims against the federal government
• Federal employees working in any state receive the same FECA benefits regardless of location
• State workers' comp systems cover non-federal employees; benefits, rates, and procedures vary widely by state
• Analogous federal programs cover specific non-federal workers: the Longshore & Harbor Workers' Compensation Act covers maritime employees, and the Black Lung Benefits Act covers coal miners

Implementing Regulations

• 20 CFR Part 10 — Claims for Compensation under the Federal Employees' Compensation Act (225 sections across 14 subparts — the complete procedural and substantive framework for FECA claims from first notice of injury through final appeal):
  • Subpart B — Filing Notices and Claims (§§ 10.100–10.120): CA-1 (traumatic injury — must be filed within 3 years of injury but within 30 days for Continuation of Pay eligibility); CA-2 (occupational disease — within 3 years from date employee first knew the condition was caused by employment); CA-5 (death claim by survivors — within 3 years of death); agency completes the employer portion within 10 days; OWCP issues claim number; Form CA-7 for wage loss compensation after COP exhaustion
  • Subpart C — Medical Provisions (§§ 10.300–10.340): OWCP authorizes medical treatment; employee may select any licensed physician for initial treatment; OWCP may designate second opinion examiner; reimbursement for medical expenses, supplies, and appliances; OWCP physician fee schedule determines payment rates for treating physicians — often significantly below market rates, creating access challenges; prior authorization required for surgery and durable medical equipment above cost thresholds
  • Subpart D — Compensation and Related Benefits (§§ 10.400–10.430): disability compensation at 2/3 of pay (no dependents) or 3/4 of pay (with dependents); Continuation of Pay for up to 45 calendar days during OWCP adjudication for traumatic injury; no waiting period for COP (unlike most state workers' comp); schedule awards for permanent impairment of specific body parts (limbs, vision, hearing) — maximum 312 weeks' pay; compensation is tax-free; wage-earning capacity (WEC) determinations reduce benefits when employee has documented ability to earn, even without actual earnings
  • Subpart E — Return to Work (§§ 10.500–10.510): OWCP requires employees to seek employment within their medical restrictions; employer must offer suitable work if available; unreasonable refusal to accept suitable work or vocational rehabilitation can result in benefit suspension; light-duty offers must be within physician-documented restrictions and not constitute a sham offer
  • Subpart F — Compensation for Surviving Beneficiaries (§§ 10.600–10.640): death caused by work injury or occupational disease entitles widow(er) and dependent children to compensation; death compensation = 45% of employee's pay for spouse alone, increasing with dependent children up to 75% maximum; compensation continues until spouse remarries (lump sum upon remarriage = 2 years of compensation); surviving children compensated until age 18 (or 23 if full-time student)
  • Subpart G — Special Provisions (§§ 10.700–10.730): FECA is exclusive remedy — employee's recovery is limited to FECA benefits and cannot sue government or federal employer in tort; FECA does not preclude suit against a third party (non-government tortfeasor) — OWCP has subrogation rights against third-party recoveries; Federal Employees Liability Reform and Tort Compensation Act (Westfall Act) extends FECA exclusivity principles; overseas federal employees covered under separate provisions
  • Subpart H — Reconsideration and Appeal (§§ 10.800–10.843): claim denial appealable within 30 days to OWCP for reconsideration; if still denied, within 1 year to the Employees' Compensation Appeals Board (ECAB) — a 3-member board with final administrative authority; ECAB decisions are not subject to federal court review under FECA § 8128(b) — this preclusion of judicial review is a distinctive feature of FECA distinguishing it from most federal administrative schemes; a ECAB decision is final
  • Subpart I — Overpayments (§§ 10.900–10.920): OWCP may seek recovery of overpaid compensation; employee may waive repayment if recovery would be against equity and good conscience and not against public interest; employee may request compromise or waiver of overpayment claim
• 20 CFR Part 1 — OWCP organization (§§ 1.2, 1.4 — OWCP functions, cross-references to other rules governing FECA)
• 20 CFR Part 25 — FECA compensation for non-U.S. employees (special schedules and payment provisions)

Pending Legislation

• S 3296 — Let nurse practitioners and physician assistants provide FECA-covered care to injured federal employees. Status: Introduced.
• HR 3170 (Rep. James, R-MI) — Add NPs and PAs as eligible FECA providers, require Labor to finalize rules within 6 months. Status: In committee.

Recent Developments

FECA has been relatively stable legislatively, though oversight of program costs and fraud prevention has increased. COVID-19 generated a significant volume of claims from federal employees who contracted the virus at work, with special presumption provisions for certain high-risk federal workers. OWCP has been modernizing its claims processing systems and expanding electronic filing. The chargeback system — where FECA costs are charged to employing agencies — continues to incentivize agency-level safety programs and return-to-work initiatives.

• DOGE-separated federal employees and FECA claims: Federal employees injured on the job before their DOGE-related separation retain FECA rights regardless of their employment status change. OWCP received a surge of FECA claims from employees who argued they suffered work-related stress injuries, aggravation of existing conditions, or psychological harm from the manner of their termination. FECA covers "traumatic injuries" (physical accidents) and "occupational disease" (conditions caused by work environment) but generally does not cover employment actions (termination, demotion) as compensable injuries absent an underlying physical or psychological condition meeting clinical criteria.
• COVID-19 FECA claims wind-down: The special FECA provisions for COVID-19 — presuming work-relatedness for federal employees in high-risk occupations who contracted COVID — generated approximately 160,000 claims. OWCP is now in the claims adjudication and cost recovery phase. Agencies are being charged back for COVID FECA costs; some agencies with large high-risk workforces (USPS, VA, TSA) face significant chargeback increases. Long COVID claims under FECA have generated policy questions about compensability when the employee recovered from acute COVID but retains chronic fatigue, cognitive, or respiratory conditions.
• Postal worker FECA reform: USPS faces disproportionately high FECA costs due to the physical demands of letter carrier and processing work. The Postal Service Reform Act of 2022 addressed USPS financial sustainability but did not directly modify FECA for postal workers. USPS and OWCP have implemented return-to-work initiatives and light-duty placement programs to reduce long-term FECA dependency. USPS FECA costs were approximately $800M annually in recent years — a significant burden on the service's finances.
• FECA and remote work injuries: The expansion of federal telework raised questions about FECA coverage for injuries at home. OWCP guidance established that injuries occurring while a federal employee is performing official duties from a home office are FECA-compensable — including trips to the kitchen during work hours if the purpose is work-related. Injuries during personal activities at home during work hours are not covered. The "in performance of duty" analysis is identical whether the employee is in a federal building or working from home.