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The Employing Agency’s Role in a FECA Claim
For many federal and postal employees, the first weeks after a work injury involve conversations with a supervisor, the Human Resources office, an injury compensation specialist, or a workers' compensation coordinator. That can make it seem like the agency is deciding the claim, but it is not. The claim itself is decided by the Office of Workers' Compensation Programs (OWCP), not by a supervisor or agency office. Understanding that distinction helps employees know what to submit, what to document, and what to expect.
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Separate Roles
Agency vs. OWCP
The employing agency and OWCP have different jobs. The agency receives the notice of injury, completes its portion of the claim forms, forwards information, administers Continuation of Pay (COP) when applicable, may issue a Form CA-16, may offer limited duty, and may submit evidence or objections. OWCP is the adjudicator. OWCP decides whether a claim is accepted, whether medical evidence is sufficient, and whether FECA benefits are payable. The agency is a participant in the process, not a decision-maker.
What the Agency Must Do With Your Form
When forwarding to OWCP is required, the agency must complete its portion of Form CA-1 or CA-2 and transmit it within 10 working days after receiving the employee’s notice. If the agency disagrees with any part of the employee's account, it must state its disagreement in writing and provide evidence or argument supporting its position. Under 20 C.F.R. § 10.117, the agency may not use that disagreement to delay forwarding the claim or pressure an employee to change or withdraw it.
File the Right Form
File the right form (CA-1 or CA-2) and keep copies with any medical notes, work restrictions, and agency emails.Understand Roles
Your agency may challenge facts or COP, but OWCP decides claim acceptance and benefits.Communicate in Writing
Confirm injury details, restrictions, and claim issues by email or documented submission.Treat Issues Separately
Limited duty, leave status, and personnel actions may continue while OWCP reviews the claim.
At the Agency Level
COP and Medical Authorization
For eligible employees with traumatic injuries, the agency pays Continuation of Pay (COP) under FECA’s rules while OWCP reviews the claim. COP is an agency function that runs during the early stage of the case. It is not the same thing as OWCP accepting the claim. The agency may also issue Form CA-16, Authorization for Examination and/or Treatment. For traumatic injuries requiring treatment, FECA regulations direct agencies to authorize emergency examination or treatment through a CA-16 when appropriate.
Attending Physicians
Your agency may direct you to a workers’ compensation clinic in a way that makes it seem you have no other choice. Do not assume that clinic is your only option for treatment. FECA generally gives employees the right to choose their initial treating physician, and an agency referral does not eliminate that right. We encourage employees to choose a physician they trust who can provide appropriate treatment and thorough, medically supported reports addressing diagnosis, work-related causation, and restrictions.
Finding a physician willing to treat FECA patients can take persistence, and local options may be limited. Be willing to broaden your search and travel farther when doing so gives you access to a suitable physician who accepts federal workers’ compensation and will address the documentation your claim requires. Confirm that the practice will accept your FECA case before scheduling. If you already have an established treating physician, or anticipate substantial travel, check the applicable OWCP authorization requirements.
Challenges and Controversions
A challenge is not the same thing as a denial. An agency may controvert COP or dispute facts surrounding an injury. It may submit witness statements, records, investigative materials, or other evidence supporting its challenge. The regulations specifically allow the agency to submit a written disagreement with supporting evidence. In these instances, the OWCP still makes the decision based on evidence. That distinction is important because employees sometimes receive a supervisor's objection or a large agency submission and mistakenly believe the claim has already been denied.
Limited Duty and Personnel Actions
Workplace and FECA issues often proceed simultaneously. The agency may offer limited-duty work, request updated restrictions, or evaluate whether work is available within medical limitations. COP may be interrupted or disputed under certain circumstances. At the same time, employees may encounter attendance issues, leave questions, AWOL designations, or other personnel actions related to absences from work. These are agency actions. They do not automatically determine whether OWCP will accept or reject the FECA claim. Different processes may be occurring simultaneously, even though they involve many of the same facts.
Postal Practice
Postal employees frequently interact with supervisors, station management, and injury compensation offices during the early stages of a claim. USPS procedures are shaped by agency-specific practices and handbook requirements, and postal injury compensation offices often handle a high volume of COP disputes and injury submissions. For that reason, documentation is especially important. Even within the postal system, however, OWCP remains the agency that adjudicates FECA claims and determines entitlement to benefits.
When the Agency Is the Problem
Most claims move through the process without significant dispute. Sometimes the issue is not the injury itself but how the file is being handled. Examples include:
- The form was never forwarded
- COP was cut off
- The employee was directed only to a contract clinic
- A job offer was withdrawn
- An agency challenge contains factual inaccuracies or unsupported allegations
- Important medical documentation was omitted from the file
Seeking Legal Counsel
Employees should continue communicating professionally with their agency and keep important information in writing. If agency actions are affecting your FECA claim, contact Aumiller Lomax for a free telephone consultation. We can discuss whether the issue involves medical evidence, the agency’s records, or another claim-related problem, and whether representation would be helpful. Have relevant correspondence available and tell us about any response deadline.
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