Via DOL/Office of Workers’ Compensation Programs:
DOL has created new procedures to specifically address COVID-19 claims. Employees filing a claim for workers’ compensation coverage as a result of COVID-19 should file Form CA-1, Notice of Traumatic Injury through your employer using the Employees’ Compensation Operations & Management Portal. The new procedures will also call the adjudicator’s attention to the type of employment held by the employee, rather than burdening the employee with identifying the exact day or time they contracted the novel coronavirus.
- If a COVID-19 claim is filed by a person in high-risk employment, the Office of Workers’ Compensation Programs (OWCP) DFEC will accept that the exposure to COVID-19 was proximately caused by the nature of the employment. If the employer supports the claim and that the exposure occurred, and the CA-1 is filed within 30 days, the employee is eligible to receive Continuation of Pay for up to 45 days.
- If a COVID-19 claim is filed by a person whose position is not considered high-risk, OWCP DFEC will require the claimant to provide a factual statement and any available evidence concerning exposure. The employing agency will also be expected to provide OWCP DFEC with any information they have regarding the alleged exposure, and to indicate whether they are supporting or controverting the claim. If the employer supports the claim and that the exposure occurred, and the CA-1 is filed within 30 days, the employee is eligible to receive Continuation of Pay for up to 45 days.
The key evidence needed for a COVID-19 FECA CLAIM as required by the law are the following:
Exposure – Federal employees who are required to interact with the public or front-line medical and public health personnel are considered to be in high-risk employment, thus triggering the application of Chapter 2-0805-6 of the FECA Procedure Manual. In such cases, there is an implicit recognition of a higher likelihood of infection; OWCP will confirm the nature of your employment based on your position title and after confirming with your employer that your position is indeed considered high risk. If your position has not been identified as a high-risk position, you will be asked to provide any evidence of the duration and length of your occupational exposure. This evidence may include information such as a description of job duties, which federal agency you worked for, and the location of the work. OWCP will ask your employing agency to provide information about occupational exposure including relevant agency records.
Medical – You will need to provide medical evidence establishing a diagnosis of COVID-19. You will also need to provide medical evidence establishing that the diagnosed COVID-19 was aggravated, accelerated, precipitated, or directly caused by your work-related activities. Please submit the results of any COVID-19 testing, if available. If you have encountered difficulty in obtaining such testing, OWCP will authorize such testing if you are working in high-risk employment or otherwise have a confirmed COVID-19 employment exposure.
Establishing causal relationship generally requires a qualified physician’s opinion, based on a reasonable degree of medical certainty, that the diagnosed condition is causally related to your employment conditions. This opinion must be based on a complete factual and medical background.
For your health and safety as well as the health of those around you, consider an appointment with your physician by videoconference or teleconference. A medical report generated as the result of such an appointment is compensable as long as it is signed by a physician.
OWCP will also assist by asking your employing agency for any pertinent medical information in their records.