Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
Is it possible for a fired injured postal worker who was injured on the job to revisit a claim for compensation? If so, what are the time limits?
Because you are no longer employed by the Federal government, you should submit the completed form to the Federal agency where you last worked when the injury or disease was sustained.
It is unclear whether you have already filed a claim or want to appeal a prior OWCP decision. If you have not filed a claim, you must file your FECA claim for compensation within 3 years of the date of injury. For a traumatic injury, the statutory time limitation begins to run from the date of injury. For a latent condition, the time begins to run when “an injured employee with a compensable disability becomes aware, or reasonably should have been aware, of a possible relationship between the medical condition and the employment.”
If you want to appeal a FECA decision, the Employees’ Compensation Appeals Board is an appellate body with jurisdiction to consider and decide appeals from the final decisions of OWCP. Once a final decision has been issued by the OWCP, an appeal may be filed with the Board. For an OWCP decision issued after November 19, 2008, an appeal must be filed within 180 days following the date of the OWCP’s final decision. However, any OWCP decision issued prior to November 19, 2008 permit an appeal up to one year from the OWCP decision. Please note how these time limitations may apply to your case.
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.