Welcome Guest! To enable all features please Login or Register.

Notification

Icon
Error

Federal Workers' Compensation

The Office of Workers' Compensation Programs administers four major disability compensation programs which provide wage replacement benefits, medical treatment, vocational rehabilitation and other benefits to certain workers or their dependents who experience work-related injury or occupational disease.

Here is a forum for members to share and exchange experiences regarding to workers' compensation related issues.


To read today's top news stories on federal employee pay, benefits, retirement, job rights and other workplace issues visit FederalDaily.com.
2 Pages12>
Options
Go to last post Go to first unread
dawgie  
#1 Posted : Thursday, December 26, 2019 11:04:59 AM(UTC)

Rank: Advisor

Groups: Registered
Joined: 8/24/2012(UTC)
Posts: 136

Once I’m Removed by agency do I still keep my health benefits for me and my family. For how long are the benefits last , until. I formally apply for fers pension thank you all




tic32003  
#2 Posted : Friday, December 27, 2019 7:13:37 AM(UTC)
tic32003

Rank: Rookie

Groups: Registered
Joined: 9/10/2019(UTC)
Posts: 43
United States

Thanks: 3 times
Was thanked: 11 time(s) in 8 post(s)
Originally Posted by: dawgie Go to Quoted Post
Once I’m Removed by agency do I still keep my health benefits for me and my family. For how long are the benefits last , until. I formally apply for fers pension thank you all



You'll need to clarify what you mean by "removed." Do you mean fired?

Endless Summer  
#3 Posted : Friday, December 27, 2019 7:33:47 AM(UTC)
Endless Summer

Rank: Senior Member

Groups: Registered
Joined: 6/7/2016(UTC)
Posts: 1,208

Thanks: 56 times
Was thanked: 259 time(s) in 221 post(s)
Originally Posted by: dawgie Go to Quoted Post
Once I’m Removed by agency do I still keep my health benefits for me and my family. For how long are the benefits last , until. I formally apply for fers pension thank you all



Assuming you are talking about being fired from Federal Service you are eligible for up to 18 months of COBRA, unless you were fired for "gross misconduct". The catch is that you must pay 100% of the premium, not just your part, but also the part now paid by the gov't.

As for continuing your health insurance after retiring, the situation doesn't look good. In order to continue your health benefits while under FERS retirement there are two requirements from the OPM site:

To continue your health benefits enrollment into retirement, you must: (1) have retired on an immediate annuity (that is, an annuity which begins to accrue no later than one month after the date of your final separation); and (2) have been continuously enrolled (or covered as a family member) in any FEHB Program plan (not necessarily the same plan) for the five years of service immediately preceding retirement, or if less than five years, for all service since your first opportunity to enroll.
dawgie  
#4 Posted : Friday, December 27, 2019 9:41:09 PM(UTC)

Rank: Advisor

Groups: Registered
Joined: 8/24/2012(UTC)
Posts: 136

Yea getting fired
OBE17  
#5 Posted : Saturday, December 28, 2019 7:21:01 AM(UTC)
OBE17

Rank: Rookie

Groups: Registered
Joined: 7/4/2019(UTC)
Posts: 44
United States
Location: New Jersey

Was thanked: 2 time(s) in 2 post(s)
Some people (like me) refer to my being forced-out of gov't service as being "fired."
I am constantly being corrected in that IWs who are forced out are not "fired" but I still think it's the best word to describe the injustice done to a loyal employee who was permanently injured on the job. It just doesn't seem right that it should be allowed.
That said, if you are one who is being forced-out and sent to Voc Rehab in order for them to "help" you find a new career, you elect to keep your health and life insurances in force and the premiums are deducted from your OWCP benefit check.
If you are such an IW (injured worker) reply telling me so and I will give you information on whom to contact.
dawgie  
#6 Posted : Saturday, December 28, 2019 5:35:58 PM(UTC)

Rank: Advisor

Groups: Registered
Joined: 8/24/2012(UTC)
Posts: 136

I guess I’m too old to be in rehabilitation vocation. I’m 65 and now after 20 years and have permanent injuries from the work, they are now proposing my removal For not doing light duty and under performing. I guess I need to know what my options are to resign or to get removed I am working four hours a day right now and on Workmen’s Comp. for the other four but I know that’s soon to end They say that I’m holding up a spot and the other workers don’t like it but I making as much as they are. I still need to put my kids through school and I have three injuries from the workplace. They give me assignments that I can’t complete. Should I resign or wait for them to remove me
dawgie  
#7 Posted : Saturday, December 28, 2019 5:50:07 PM(UTC)

Rank: Advisor

Groups: Registered
Joined: 8/24/2012(UTC)
Posts: 136

Oh and the paper work for applying for my pension is a nightmare . From my injuries and all the meds I take make eveerything so difficult. Plus a year ago I got diagnosed with PD. When it rains it pours what can I say thank y’all for listening
jesse slade  
#8 Posted : Saturday, December 28, 2019 6:20:16 PM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 8/14/2008(UTC)
Posts: 2,017

Thanks: 1 times
Was thanked: 140 time(s) in 133 post(s)
The question is whether you are being separated (non-disciplinary) or if you're being terminated (disciplinary).

If you're being separated for inability to perform your job and you receive OWCP compensation, then your health/life insurance premiums would be taken out of your compensation check.

This is regardless of whether you've been placed in vocational rehab or not.

If you intend on filing for OWCP compensation due to separation, then the agency should notify OWCP of your insurance premiums and then they would be removed from your compensation checks.

Edited by user Saturday, December 28, 2019 6:20:52 PM(UTC)  | Reason: Not specified

Sofedup  
#9 Posted : Saturday, December 28, 2019 8:15:26 PM(UTC)
Sofedup

Rank: Advisor

Groups: Registered
Joined: 11/4/2017(UTC)
Posts: 147
United States

Was thanked: 16 time(s) in 14 post(s)
Whatever you do, DO NOT RESIGN. It is better to have it shown on paper that they are removing you for medical inability, than to resign yourself. DO NOT let mgt. make you think that a resignation in this case is better than a separation for medical inability to perform your job. Resigning has no bearing on wether or not you are able to receive your retirement or not. Because you are over age 62 you are eligible for your retirement regardless of whether you resign or not. I think the only possibility of one losing their federal retirement is in the possibility of a gross misconduct type situation. If they are withdrawing your limited duty, you should be able to file a recurrence of total disability with OWCP possibly on a Ca-2a. Jesse would be the authority to give more info, or advice about that. Withdrawal of limited duty by the USPS falls under the provision of a Ca-2a in some cases. The OWCP classroom website is the most informative, and accurate information anywhere. I strongly suggest referring to that site for information. Good luck.
dawgie  
#10 Posted : Saturday, December 28, 2019 8:31:51 PM(UTC)

Rank: Advisor

Groups: Registered
Joined: 8/24/2012(UTC)
Posts: 136

The agency is has proposed that I’ll be removed for not doing the light duty work assigned to me. They give multiple tasks for me to do during the 4 hrs I’m there and they say that I don’t accomplish what they say there for not managing the time well.They got me under a rock and hard place They been telling me departments supervisors that I need to go and retire
jesse slade  
#11 Posted : Saturday, December 28, 2019 8:55:11 PM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 8/14/2008(UTC)
Posts: 2,017

Thanks: 1 times
Was thanked: 140 time(s) in 133 post(s)
If they've 'proposed' it, you would have received a letter. You should look at the letter carefully.

The letter should state whether they are removing you due to a medical inability to perform the job duties, in which case you're being separated or if they are removing you for cause, which is a termination.

If you're being separated, the letter should indicate it's a non-disciplinary action and may say that you can request a reasonable accommodation.

dawgie  
#12 Posted : Sunday, December 29, 2019 8:59:52 AM(UTC)

Rank: Advisor

Groups: Registered
Joined: 8/24/2012(UTC)
Posts: 136

I’m being terminated for failing to do the job and failing to follow orders.which is a. Lie but they will terminate me under 714 the accountability act.im so tired question when should I file for retirement I already filed for social security.im so confused question why should I not resign cuz coming up into meet with agency director thank you for being there for us
frankgonzalez  
#13 Posted : Monday, December 30, 2019 7:08:52 AM(UTC)
frankgonzalez

Rank: Senior Member

Groups: Registered
Joined: 8/8/2008(UTC)
Posts: 5,568

Thanks: 102 times
Was thanked: 1095 time(s) in 868 post(s)
Originally Posted by: dawgie Go to Quoted Post
I guess I’m too old to be in rehabilitation vocation. I’m 65 and now after 20 years and have permanent injuries from the work, they are now proposing my removal For not doing light duty and under performing. I guess I need to know what my options are to resign or to get removed I am working four hours a day right now and on Workmen’s Comp. for the other four but I know that’s soon to end They say that I’m holding up a spot and the other workers don’t like it but I making as much as they are. I still need to put my kids through school and I have three injuries from the workplace. They give me assignments that I can’t complete. Should I resign or wait for them to remove me
Sounds like you are eligible (based on the part in bold above) for immediate annuity if you retire...which will allow you to keep your FEHB into retirement (as long as you have had in for the past 5 years). You can then go find another job if you wish to keep working without it impacting your FERS annuity. You can also apply for Social Security (but that does drive how much you can earn in a job). If you retire under disability (and if you are eligible for a regular retirement, you won't get disability retirement as that converts automatically upon you reaching regular retirement eligibility).

If you are being removed, apply for retirement NOW to keep the FEHB. If you are removed, you lose it..and then you have to fight to prove the removal was wrong under the law. Based on your description, I believe the agency would win that fight. While you can apply for your annuity after getting removed (and will get it), you will have lost the FEHB in the meantime and would not get it back.

Edited by user Monday, December 30, 2019 7:12:02 AM(UTC)  | Reason: Not specified

You should have voted Cthulu...the greatest of all Evils
dawgie  
#14 Posted : Monday, December 30, 2019 9:19:21 AM(UTC)

Rank: Advisor

Groups: Registered
Joined: 8/24/2012(UTC)
Posts: 136

Why in other posts they say DO. NOT RESIGN Thank everyone as this is so stressful for me and my family. I am 99% sure that the agency will win on this proposal what choices do I have left
dawgie  
#15 Posted : Monday, December 30, 2019 9:23:05 AM(UTC)

Rank: Advisor

Groups: Registered
Joined: 8/24/2012(UTC)
Posts: 136

At the moment I work four hours at the agency and I collect four hours for Workmen’s Comp. after I retire can I still collect Workmen’s Comp. for the four hours that I’m on permanent disability
frankgonzalez  
#16 Posted : Monday, December 30, 2019 9:59:46 AM(UTC)
frankgonzalez

Rank: Senior Member

Groups: Registered
Joined: 8/8/2008(UTC)
Posts: 5,568

Thanks: 102 times
Was thanked: 1095 time(s) in 868 post(s)
Originally Posted by: dawgie Go to Quoted Post
Why in other posts they say DO. NOT RESIGN Thank everyone as this is so stressful for me and my family. I am 99% sure that the agency will win on this proposal what choices do I have left
Retirement and resignation are different.

Retire: You receive an annuity backdated to the date of your retirement. You can probably negotiate the date with the deciding official (as long as it isn't too far out). You can keep your FEHB for life.

Resign: Lose FEHB. While you can apply for retirement based on your time and age, it will not restore your FEHB.


No idea of how Worker's Comp come into play. I suspect it will end and you get an award if you are at max improvement. Need to check with your HR or lawyer on this.

Edited by user Monday, December 30, 2019 10:01:27 AM(UTC)  | Reason: Not specified

You should have voted Cthulu...the greatest of all Evils
jesse slade  
#17 Posted : Monday, December 30, 2019 12:23:00 PM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 8/14/2008(UTC)
Posts: 2,017

Thanks: 1 times
Was thanked: 140 time(s) in 133 post(s)
You're being paid OWCP compensation for four hours a day because OWCP has determined you can only work four hours a day. You would continue to receive the four hours regardless of whether or not you work.

Because OWCP pays compensation when you cannot work due to your accepted injuries, you cannot claim the other four hours if you're terminated for cause.
dawgie  
#18 Posted : Monday, December 30, 2019 6:33:56 PM(UTC)

Rank: Advisor

Groups: Registered
Joined: 8/24/2012(UTC)
Posts: 136

Jesse right now we ( my dept supervisor and myself enter lwop on my time card for 4hrs..I then go onto ecomp and make ca7,ca7a for compensation.for those 4 hrs. It is sent to the agency WC specialist for approval,then it’s sent down the line to DFEC. FECA ect.My question is once I’ve separated from the agency where how do I file ca7ca7a.Now that there no agency how should I file plus there no WC specialist to send it to? I’m assuming that I can still claim workers compensation for the 4 hrs of permanent disability my dr has put me on. Thank you much everyone
jesse slade  
#19 Posted : Monday, December 30, 2019 7:15:11 PM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 8/14/2008(UTC)
Posts: 2,017

Thanks: 1 times
Was thanked: 140 time(s) in 133 post(s)
If you're still filing CA-7's, you'll continue to do so in the same way. They'll still go through the agency even if you don't work there anymore.
edalder  
#20 Posted : Thursday, January 16, 2020 2:16:51 PM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 10/9/2001(UTC)
Posts: 2,366

Thanks: 2 times
Was thanked: 192 time(s) in 167 post(s)
Given your age, I suspect that you are eligible for a regular retirement under FERS and probably early SS retirement, if you are in FERS. You might want to give some consideration to separation from the agency.

OWCP may take the position that your decision was voluntary and just pay the four hours per day regardless.However, it does not look as if OWCP has made a formal loss of wage earning capacity (LWEC) decision if you are submitting CA-7's and 7a"s. If you can get your agency to state that it is unable to provide further suitable work for you, you probably could make agood case for full OWCP compensation.

Regardless, you cannot actually collect OWCP wage loss benefits (even partial ones) and an OPM retirement concurrently, unless the OWCP benefit is a scheduled award, which does not appear to be the case here.

Also, once you reach your full retirement age under SSA, which is probably 66 and some months for you, there will be an offset to any OWCP benefits for that portion of your SSA retirement benefit that is based upon SS credits earned as a Federal employee. (SSA retirement benefits are based upon credits earn with all employers. This offset is complicated. Just be aware of it, especially if you have a lot of years of service under FERS.
Kivi
Rss Feed  Atom Feed
Users browsing this topic
Guest
2 Pages12>
Forum Jump  
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.


This page was generated in 0.761 seconds.