Animal and Plant Health Inspection Service USDA – APHIS Workers’ Compensation Incident Orientation Training

Animal and Plant Health Inspection Service Objectives Provide overview of the law Provide instruction for what employees should do if they are injured Provide overview of claim conditions Provide overview of claim types and benefits Materials covered here do not reference all deadlines or requirements that must be meet for any particular claim. Additional resources and information is provided at the end of the presentation.

Animal and Plant Health Inspection Service First Things First! What Should I Do if I am Injured? 1.Report all possible or actual injuries to your Incident Supervisor 2.Seek emergency medical attention if necessary or appropriate 3.Complete appropriate forms as soon as possible 4.Provide necessary documentation 5.Remain in contact with Incident Supervisor

Animal and Plant Health Inspection Service Federal Employees’ Compensation Act (FECA) Passed in 1916 Exclusive Remedy Non-adversarial Administered by Department of Labor (DOL), Office of Workers Compensation Programs (OWCP) Provides benefits to employees or their dependents who experience work-related injury or occupational disease Not a retirement system

Animal and Plant Health Inspection Service Conditions of Coverage Acceptance of claim requires satisfaction of five basics: Timely Filing of ClaimFederal Civilian EmployeeFact of Injury Performance of Duty (POD) Causal Relationship Employees has three years to file from date of (1) injury, (2) first awareness, or (3) last exposure. Covers permanent or temporary employees excluding those from non- appropriated funds. Contract employees, volunteers, and loan employees covered in some circumstances. Verification of factual and medical evidence that the injury occurred. Injury or exposure occurred at work or because of employment versus a personal condition, non-work related, intoxication, misconduct, and/or intent to harm others or self. Medical evidence shows a causal relationship between the work-related exposure and the condition. Causal relationships include direct cause, aggravation, acceleration, or precipitation.

Animal and Plant Health Inspection Service Additional Performance of Duty Information Injury covered when: Occurred at work-site Occurred during work hours and normal breaks Performing work duties off-site In travel status Injury not covered when: Off-site lunch Normal commute to or from work Caused by intoxication, misconduct, and/or intent to harm others or self TDY Guidance: 24/7 coverage for activities incidental to the mission Coverage excluded when employee diverts from duty for a personal errand 6

Animal and Plant Health Inspection Service Types of FECA Claims Traumatic Injury Occupational Disease Reoccurrence Death

Animal and Plant Health Inspection Service Claim Types – Traumatic Injury Description – Injury caused by specific event or series of events occurring during one workday or shift. Process – Employee completes CA-1 and submits to Incident Supervisor. If medical attention is needed, CA-16 must be completed and the employee brings to treating physician of their choice. Authorizes medical treatment for up to 60 days.

Animal and Plant Health Inspection Service Claim Types – Occupational Disease Description – Condition produced over a period longer than one work day or shift. Process – Employee completes CA-2 and submits to Incident Supervisor. The CA-16 is not used but the CA-35 can assist with gathering evidence.

Animal and Plant Health Inspection Service Claim Types – Recurrence Description – Recurrence of disability caused by: Spontaneous return of the symptoms Return or increase of disability due to a consequential injury Withdrawal of a specific light duty assignment Process – Employee completes CA-2a and submits to Incident Supervisor if additional medical treatment is needed.

Animal and Plant Health Inspection Service Claim Types – Death Claims Description – Employees who die from job-related illness or injury where medical certification establishes a causal relationship between the employee’s death and his/her employment. Process – Deceased employee’s widow/widower and/or children complete CA-5. Parent, Brother, Sister, Grandparents, or Grandchildren complete the CA-5b. Additional information may be required such as a death certificate, marriage certificate, birth certificates for each child, itemized burial bills, etc.

Animal and Plant Health Inspection Service Benefits Provided under FECA Medical Benefits Continuation of Pay (COP) Wage Loss Compensation Schedule Awards Vocational Rehabilitation Death/Burial Expenses

Animal and Plant Health Inspection Service Benefits Medical – Authorizes the payment or reimbursement of medical expenses. Continuation of Pay (COP) – Provides pay compensation for medical disability and/or to seek medical treatment during the first 45 days of an employee’s disability when caused by a traumatic injury. Wage Loss Compensation – Provides compensation for lost wages (following any Continuation of Pay, if applicable) after 45 days while the employee is in a Leave Without Pay (LWOP) status.

Animal and Plant Health Inspection Service Benefits (cont’d) Schedule Awards – Monetary payments for a prescribed number of weeks to federal employees who suffer the permanent total or partial loss of use of anatomical members, functions, or organs. Vocational Rehabilitation – Assists injured or disabled employees become self-supporting and productive thus allowing employees return to suitable work, preferably with little or no loss of earnings. Death/Burial Expenses – Authorizes compensation to dependents of employee who die from job-related illness or injury. Also includes funeral and burial costs as well as expenses for transportation of the body.

Animal and Plant Health Inspection Service When an Injury Occurs Employees are expected to: 1.See immediate medical attention if necessary 2.Report all job-related injuries or illness to Incident Supervisor as soon as possible  3 years for a claim, however  30 days for certain benefits; and  Some benefits can start the next day 3.For a traumatic injury, obtain CA-16 from the Incident Supervisor if medical treatment is required

Animal and Plant Health Inspection Service When an Injury Occurs (cont’d) Employees are expected to: 4.Complete forms in a timely manner  Traumatic injury: CA-1  Occupational disease: CA-2  Reoccurrence: CA-2a 5.Provide all information requested by the Agency and OWCP promptly – this includes medical reports (see CA-35 checklist) 6.Maintain continuous contact with Incident Supervisor

Animal and Plant Health Inspection Service When an Injury Occurs (cont’d) Incident Supervisors are expected to: Complete required forms promptly Ensure injured employee receives immediate and appropriate medical attention Incident Supervisors may need to challenge or deny the validity of claims if appropriate.

Animal and Plant Health Inspection Service Privacy Act (DOL/GOVT-1) Covers appropriate and permissible routine uses of FECA records DOL maintains the official record Disclosures of any FECA documents requires signed consent from employee

Animal and Plant Health Inspection Service Workers’ Compensation Resources Content for this presentation taken from: OWCP Forms USDA APHIS OWCP Phone:

Animal and Plant Health Inspection Service Questions?