Welcome to another episode of Federal Workers Compensation Coffee break Podcast. I am your host Dr. Taylor. I am an OWCP & Federal Health Care consultant who has been assisting and working with clients for over 30 years in the work comp arena. I offer this podcast for free to give back to government workers and other doctors or future doctors who want to participate in Federal Workers Compensation claims by doing a podcast to assist with all types of topics of government related healthcare filings.
The only thing I ask for from you her at the at the podcast is that if you find this information to be helpful ….PLEASE like, share or leave a review of the podcast for others to be able to find this subject matter material on the internet and maybe send me an email to let me know that you benefitted from this free information. Here at this podcast we discuss all sorts of topics related to federal workers compensation, Department of Labor, OWCP, FECA ACT, FERS, longshore-maritime, DOD contractors, VA benefits. I cover these relevant topics in a short coffee break style format (modeled after the lunch and learn style) to assist you, the government employee/contractor with filing your claim, understanding your rights, responsibilities & relevant rules and provisions
Today’s podcast is a special edition version that I wanted to get out to a special set of injured federal workers and contractors that work in support roles of the military in war theaters around the world. If you don’t know this about my practice I have been treating veterans, contractors, civil service contractors and ex-military that work as civil contractors in support roles that are in theaters of war. This is a special set of federal employees and contractors who have a special set of dual coverage for medical and disability benefits under federal law provisions. Not many people treat these type of injuries and understand how to work within this dual benefit framework.
So, today we are covering the announcement in late 2024 to the War Times Hazzard Compensation Act that has some key changes to the dual benefit process of coverage by both OWCP, Longshore and War Times Hazzard Compensation Act and how to utilize the dual eligibility benefits. This is the first announcement on this special subject manner in years so I thought I would cover this. This will be a two part series that involves a part one general explanation of this dual benefit system and a detailed part two that covers recent changes to this dual coverage for qualified federal employees and contractors that work in these environments … Let’s dive in and cover all of it….READY….OK…
Lets get our coffee started and start on this huge new announcement!
Outline of Federal Rules & Provisions for Dual Eligibility under FECA and WHCA
# 1. Federal Employees' Compensation Act (FECA) Overview
The Federal Employees' Compensation Act (FECA) provides workers' compensation coverage for federal employees who sustain work-related injuries or occupational diseases. Key benefits include:
- Medical Benefits: Coverage for necessary medical treatments, surgeries, and rehabilitation.
- Wage Loss Compensation: Temporary or permanent disability benefits based on the degree of impairment.
- Schedule Awards: Compensation for permanent impairment to specific body parts.
- Vocational Rehabilitation: Assistance for returning to work after recovery.
# 2. Office of Workers’ Compensation Programs (OWCP) & DFELHWC Provisions
The Division of Federal Employees', Longshore, and Harbor Workers' Compensation (DFELHWC) within the OWCP administers claims under both FECA and other related compensation acts like the Longshore and Harbor Workers' Compensation Act (LHWCA).
- Coverage: Federal employees and certain government contractors (especially those working in overseas or hazardous areas).
- Claims Process: Employees file injury reports through CA-1 (traumatic injury), CA-2 (occupational disease), or CA-2a (recurrence of injury).
3. War Hazards Compensation Act (WHCA) Overview
The War Hazards Compensation Act (WHCA) extends additional benefits to federal employees and contractors injured due to war-related hazards, including:
- Hostile Actions: Injuries resulting from acts of war, terrorism, or civil disturbances in foreign countries.
- Detention Benefits: Compensation for employees detained by hostile forces.
- Reimbursement to Contractors: WHCA reimburses contractors for compensation paid under the Defense Base Act (DBA), which extends LHWCA provisions to overseas federal contractors.
Eligibility Criteria under FECA & WHCA
1. Federal Employment or Contract Work: The worker must be a federal employee or contractor covered by FECA or the DBA (Defense Base Act).
2. Injury During Official Duties: Injury must occur while performing work-related tasks.
3. War or Hostile Hazards: For WHCA coverage, the injury must result from war hazards, such as:
- Military operations
- Terrorist attacks
- Civil unrest in foreign countries
Examples of Dual Eligibility Scenarios
Example 1: USAID Contractor Injured in Afghanistan
- Scenario: A logistics contractor working for the U.S. Agency for International Development (USAID) in Afghanistan is injured by an improvised explosive device (IED) while transporting supplies.
- Applicable Benefits:
- FECA/DFELHWC: Medical benefits for immediate treatment and rehabilitation, wage loss compensation for temporary disability.
- WHCA: Additional coverage due to the war-related hazard, with potential reimbursement to the contractor for any compensation paid under the Defense Base Act.
# Example 2: Federal Diplomatic Employee Injured in a Terrorist Attack
- Scenario: A Foreign Service Officer stationed at the U.S. Embassy in Iraq is injured during a coordinated terrorist attack on the embassy compound.
- Applicable Benefits:
- FECA: Coverage for medical care and schedule awards for any permanent impairments.
- WHCA: Since the injury was due to a hostile act in a war zone, the employee may receive additional compensation under WHCA, especially if detained or disabled long-term.
# Example 3: Military Contractor Injured During Civil Unrest
- Scenario: A private security contractor working under a Department of Defense contract in a politically unstable region (e.g., Sudan) is injured during a violent protest or civil unrest.
- Applicable Benefits:
- DFELHWC/Defense Base Act: Initial workers' compensation benefits for medical care, disability payments, and potential schedule awards.
- WHCA: Since the injury was directly related to civil unrest in a hazardous location, WHCA reimburses the contractor for payments made and provides additional support for the worker if applicable.
When an injured federal employee or contractor qualifies for dual coverage under both the Office of Workers' Compensation Programs (OWCP) and the War Hazards Compensation Act (WHCA), the process for handling medical bills, wage compensation, and settlements involves coordination between these programs to ensure appropriate dissemination of benefits. Here's how it typically works:
# 1. For Federal Employees (Covered under FECA & WHCA)
Primary Responsibility: OWCP under FECA
- Initial Claims and Payments: The OWCP, through the Federal Employees' Compensation Act (FECA), processes and pays the initial claims for:
- Medical expenses (doctor visits, surgeries, rehabilitation)
- Wage loss compensation (temporary or permanent disability)
- Schedule awards for permanent impairment to specific body parts
WHCA Supplementation
- If the injury is directly tied to a war hazard (e.g., terrorism, military conflict, or civil unrest), the WHCA may provide supplemental coverage:
- Additional Compensation: If the benefits under FECA do not fully cover the costs associated with the war-related hazard, WHCA may bridge the gap.
- Detention or Hostage Situations: WHCA offers specific compensation for federal employees detained by hostile forces abroad, which FECA doesn’t cover comprehensively.
Dissemination of Medical Bills & Settlements
- Medical Bills: Paid initially by OWCP/FECA. If related to a war hazard, WHCA may step in for additional coverage or reimbursements.
- Settlements/Schedule Awards: Managed by OWCP. WHCA may add supplementary compensation for extraordinary circumstances, such as permanent disability resulting from war-related hazards.
# 2. For Contractors (Covered under DBA & WHCA)
Primary Responsibility: Defense Base Act (DBA) via DFELHWC
- Initial Claims and Payments: Contractors injured while working overseas (especially in hazardous areas) file claims under the Defense Base Act (DBA), which is administered by the Division of Federal Employees', Longshore, and Harbor Workers' Compensation (DFELHWC).
- Employers or Insurers initially pay for medical bills, wage loss, and any settlements.
WHCA Reimbursement
- Reimbursement to Employers/Insurers: If the injury is due to a war hazard, the WHCA reimburses the employer or insurer for compensation already paid under the DBA.
- This includes:
- Medical expenses
- Disability compensation
- Death benefits (if applicable)
- Direct WHCA Payments: In some cases (e.g., detention by hostile forces), WHCA may pay benefits directly to the contractor or their family, bypassing the employer or insurer.
Dissemination of Medical Bills & Settlements
- Medical Bills: Initially covered by the contractor's employer or insurance under the DBA, then reimbursed by WHCA if the injury was caused by a war hazard.
- Settlements/Compensation: Disability settlements and scheduled awards are processed through the DBA framework, with WHCA reimbursing the insurer/employer for war hazard-related claims.
Key Considerations
1. Documentation: Proper documentation linking the injury to a war hazard is critical for WHCA reimbursement or supplemental benefits.
2. Coordination:
- For federal employees, OWCP coordinates with WHCA for any supplemental war hazard benefits.
- For contractors, the employer/insurer handles the claim under the DBA, with subsequent reimbursement from WHCA if applicable.
3. Detention Benefits: WHCA offers unique benefits for employees or contractors detained or kidnapped due to hostile actions—these are not fully covered under FECA or DBA.
Conclusion
- Federal Employees: OWCP handles initial claims under FECA, with WHCA providing additional benefits for war-related injuries.
- Contractors: Employers or insurers handle initial claims under the Detention Benefits DBA, with WHCA reimbursing war hazard-related expenses.
In both cases, WHCA acts as a secondary layer of protection to ensure comprehensive compensation for injuries linked to war hazards.
Key Takeaways
- Overlap of Benefits: Federal employees and contractors can be eligible for both FECA/DFELHWC benefits and WHCA benefits when injuries occur in hazardous conditions linked to war or terrorism.
- WHCA Reimbursement: For contractors, WHCA often reimburses the employer or insurer for compensation already paid under the Defense Base Act.
- Special Situations: WHCA also covers detention and death benefits related to war hazards, ensuring comprehensive support for affected workers and their families.
Well that does it for this episode of Federal Workers Comp Coffee break Podcast
If you think that you or someone you know may be eligible for dual benefits under the war time compensation act feel free to email me for more assistance. I also know law firms that assist with these highly specialized cases that I can refer you to.
So, I want to thank you for listening and want to remind you to share this podcast with other federal workers you think would benefit from this information. Also be kind enough to leave a review on the platform you found this podcast, like or subscribe to any of the major podcast platforms or our youtube channel so others will also find this information. Also if you need an approved medical provider for your DOL -OWCP Or Longshore case in Florida you can still find me in Tampa and Pensacola. To make a consultation with me to discuss your case or if you know someone if Florida who is recently injured you can call the clinic at 813-215-4356 or 813-877-6900 or go to our website at https://fedcompconsultants.com/ & https://mrtherapycenter.com/ Also if you are in another state and you want me to assist you with claim questions or assistance for your doctor you can email me at fedcompconsultants@protonmail.com
Ok… I think that is enough for today…I need to warm up this coffee and get going. As usual I want to thank all of you who put on that uniform, that badge, deliver that mail, take care of our veterans and make this government run… a big thank you. I do this for free just for you…We could not do this without all of the work all of you out there do…so this is my big thank you. And remember if you have an injured federal claim and you need assistance….I am here to help!.
See you next time.
Off to get my coffee!
