A FECA claim is a workers’ compensation claim by a civilian federal employee under the Federal Employees’ Compensation Act, 5 U.S.C. § 8101 et seq. It is filed with the Department of Labor’s Office of Workers’ Compensation Programs (OWCP), not with any state agency, and it covers injuries and illnesses caused by federal employment.
Northern Virginia is home to a large federal workforce: the Pentagon in Arlington, Fort Belvoir, agency headquarters and field offices from Alexandria to Reston, and postal facilities throughout the region. Blank Kim Injury Law helps federal employees with FECA claims and with separate claims against anyone outside the government who caused their injury. Attorney Robert Kim speaks Korean, and our paralegal team speaks Spanish.
Who files under FECA instead of Virginia comp
FECA covers civilian employees of the federal government. In Northern Virginia that includes:
- Civilian staff at the Pentagon, Fort Belvoir and other defense installations
- Employees of federal agencies with offices in Arlington, Alexandria, Springfield, Chantilly and Reston
- Postal carriers and processing workers
- TSA officers and other federal employees at Dulles and Reagan National airports
- Federal law enforcement officers and other agency field staff
Two groups often assume they are covered and are not. Federal contractors, even those working inside a federal building every day, are employees of private companies and generally file under Virginia workers’ compensation. Active-duty service members are covered by military systems, not FECA.
FECA notice and claim deadlines
| Step | FECA (federal employees) | Virginia comp (private employees) |
|---|---|---|
| Written notice of injury | Within 30 days, 5 U.S.C. § 8122 | Within 30 days, Va. Code § 65.2-600 |
| Claim for compensation | Within three years, 5 U.S.C. § 8122 | Within two years, Va. Code § 65.2-601 |
| Who decides | U.S. Department of Labor, OWCP | Virginia Workers’ Compensation Commission |
Although the claim period is longer, the 30-day written notice matters a great deal in practice. Late notice can cost benefits that depend on prompt reporting, and an early written record of how the injury happened is the best protection against later disputes.
How a FECA claim moves forward
- Report the injury to your supervisor right away and get medical care. Tell every provider it happened at work.
- File the notice form through your agency. OWCP uses one form for a traumatic injury from a single event or shift, and a different one for an occupational disease that developed over time. Your agency typically submits them through the Labor Department’s online system.
- Keep copies of everything you submit and the claim number you are assigned.
- Make sure your doctor’s reports explain how the work event caused the diagnosis. OWCP decides claims largely on the medical paperwork.
- Respond to every OWCP request for information by the date given.
Traumatic injury claims may allow a period of continued pay from the agency before wage-loss compensation begins. Occupational disease claims usually do not. The details depend on the kind of claim and when it was filed, so we check them in each case.
Why FECA claims are denied
OWCP denials often turn on paperwork rather than on whether you were really hurt. Common reasons include:
- The medical reports do not include a clear, reasoned explanation of how the work event caused the condition
- The facts of the injury were not established, for example because no one else saw it and the notice was late
- The agency disputes that you were in the performance of duty, such as during a commute or a break
- Required forms or medical evidence arrived after OWCP’s deadline
A denial comes with appeal options that have their own deadlines. Choosing the right one, and adding the evidence OWCP said was missing, matters more than simply asking again. See the Department of Labor’s FECA program page for the agency’s own guidance.
FECA is exclusive against the government, not against everyone
FECA is the exclusive remedy against the federal employer. You cannot sue your agency or the United States for a work injury covered by FECA. But if someone outside the government caused the injury, you may have a separate claim against them under Virginia law.
- A driver who crashed into your government vehicle on I-395, the Beltway or Route 1. See our car accident page.
- A contractor whose crew left a hazard in your building
- The maker of defective equipment you used on the job
- A property owner where you were working away from your duty station
Those claims follow Virginia’s ordinary rules, including the two-year deadline in Va. Code § 8.01-243(A) and the contributory negligence rule. The Labor Department generally has a right to be repaid from that recovery, and it must be told about the claim. Members of the public hurt by a federal employee’s negligence follow a different route, the Federal Tort Claims Act.
How we help federal employees
- Free case review. We look at your forms, your medical reports and any OWCP letters. There is no obligation to hire us.
- Medical evidence. We help your physicians address causation in the way OWCP expects.
- Denials and appeals. We explain the options after a denial and the deadlines for each.
- Third-party claims. When an outside party caused the injury, we pursue that claim in the right Virginia court.
Our Fairfax office on Chain Bridge Road is open 24 hours and is convenient to federal workers across Fairfax, Arlington and Loudoun counties. You can also start a free case review online.
