Workers' Comp for Federal Employees (FECA)
Quick answer: Federal employees aren't covered by state workers' comp. The Federal Employees' Compensation Act (FECA) pays two-thirds of your pay for total disability, or three-fourths if you have at least one dependent. It doesn't matter which state you work in.
After a traumatic injury, your agency can keep paying your regular salary for up to 45 days (continuation of pay) if you file Form CA-1 within 30 days.
| Monthly pay | $0 |
| Rate | 66⅔% |
| Monthly compensation | $0 |
How FECA compensation works
- Report a traumatic injury on Form CA-1 within 30 days. Give it to your agency. Filing on time is what makes you eligible for continuation of pay.
- Continuation of pay, up to 45 days. For a traumatic injury, your agency keeps paying your regular salary for up to 45 days while you can't work (5 U.S.C. §8118).
- The 3-day wait. Compensation isn't paid for the first 3 days of temporary disability, unless the disability lasts more than 14 days or turns permanent (5 U.S.C. §8117).
- Wage-loss compensation. If you're still out after continuation of pay ends, you claim compensation from the Department of Labor's Office of Workers' Compensation Programs (OWCP). The rate is 66⅔% of your monthly pay, or 75% with a dependent.
Two worked examples
Monthly pay is about $5,166.67. Two-thirds is $3,444.44 a month.
The augmented 75% rate applies: $3,875 a month.
Is there a maximum?
Yes. Under 5 U.S.C. §8112, monthly compensation for disability can't be more than 75% of the monthly pay at the top of the GS-15 pay scale. For total disability it can't be less than 75% of the monthly pay at the bottom of the GS-2 scale, or your actual monthly pay if that's lower. Because the limits follow the federal pay tables, they change when those tables do.
Who counts as a dependent?
A spouse counts if they live with you, if you regularly contribute to their support, or if a court has ordered you to support them. Children can also qualify. The Employees' Compensation Appeals Board has held that a child under your legal guardianship doesn't count as a dependent unless you've adopted the child. If your dependent status changes, tell OWCP. Being paid 75% after a dependent no longer qualifies creates an overpayment you'll have to repay.
Common questions
Does my state's workers' comp law apply to me?
No. If you're a civilian federal employee, FECA covers you wherever you work. State maximums and waiting periods don't apply.
Is FECA compensation taxable?
Workers' compensation paid under a workers' compensation act or statute for a job injury is exempt from federal income tax, according to IRS Publication 525.
What if I'm a Postal Service employee?
Postal employees also have a 3-day waiting period, and it applies to continuation of pay as well. You can use annual leave, sick leave, or leave without pay to cover those days. If the disability lasts more than 14 days or becomes permanent, the leave can be restored.
What people run into
These questions come up again and again in online forums. Here's what the law says.
Your agency can stop continuation of pay if medical evidence supporting the disability isn't received within 10 calendar days after the claim is submitted. If it arrives later, COP is reinstated back to the stop date.
20 CFR 10.222(a)
Continuation of pay is subject to taxes and the same payroll deductions as regular pay. OWCP wage-loss compensation after COP is different and isn't taxed as income.
20 CFR 10.200; IRS Publication 525
COP lasts up to 45 calendar days. If you're still out, you claim wage-loss compensation from OWCP, and you'll need medical evidence that the disability continues.
5 U.S.C. §8118; 20 CFR 10.222
Sources
This calculator gives an estimate based on the Federal Employees' Compensation Act. It is not legal advice and is not affiliated with the U.S. Department of Labor or OWCP. OWCP calculates your official compensation.