The Federal Employees’ Compensation Act (FECA): Workers’ Compensation for Federal Employees

November 7, 2012 – March 16, 2023 R42107

The Federal Employees’ Compensation Act
(FECA): Workers’ Compensation for Federal
Employees
Updated March 16, 2023
Congressional Research Service
https://crsreports.congress.gov
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Summary
The Federal Employees’ Compensation Act (FECA) is the workers’ compensation program for
federal employees. Like all workers’ compensation programs, FECA pays disability, survivors,
and medical benefits, without regard to who was at fault, to employees who are injured or become
ill in the course of their federal employment and to the survivors of employees killed on the job.
The FECA program is administered by the Department of Labor (DOL) and the costs of benefits
are paid by each employee’s host agency.
Elements of the FECA program include
 basic disability benefits equal to two-thirds of an injured worker’s pre-disability
wage, which rises to 75% of the pre-disability wage if the worker has any
dependents;
 disability benefits that continue for the duration of disability or the life of the
beneficiary (except in certain cases involving COVID-19 as described in this
report); and in cases of traumatic injuries, beneficiaries can receive a
continuation of their full pay for the first 45 days;
 disability benefits for persons with specific permanent partial disabilities, such as
the loss of a limb, for a set number of weeks provided by schedules set by statute
and regulation;
 coverage of all medical costs associated with covered conditions without any
copayments, cost-sharing, or use of private insurance by the beneficiaries;
 cash benefits for the survivors of employees killed on the job based on the
worker’s wages and a benefit for funeral costs; and
 vocational rehabilitation services to assist beneficiaries in returning to work.
This report provides an overview of the FECA program and also focuses on several key policy
issues facing the program, including the payment of FECA benefits after retirement age, the
overall level of FECA disability benefits as compared with those offered by the states, the
administration of the FECA program, efforts to limit the use of opioids by FECA beneficiaries,
and the coverage of anomalous health incidents (AHIs) commonly referred to as “Havana
Syndrome.”
Section 4016 of the American Rescue Plan Act of 2021 (P.L. 117-2) created a presumption of
eligibility for FECA benefits for federal employees with COVID-19. FECA benefits determined
in accordance with this presumption are time-limited and are scheduled to be terminated on
September 30, 2030, regardless of the disability status of the employee or continued eligibility of
a deceased employee’s survivors.
Section 5305 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
(P.L. 117-263) created a presumption of eligibility for FECA benefits for federal firefighters with
certain types of cancer and other illnesses linked to toxic exposures commonly encountered by
firefighters.
The modern FECA program can trace its roots to 1916 and has not been significantly amended
since 1974. A legislative history of the FECA program is provided in Appendix B.

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The Federal Employees’ Compensation Act (FECA)

Introduction
The Federal Employees’ Compensation Act (FECA) is the workers’ compensation system for
federal employees. Every civilian employee of the federal government, including employees of
the executive, legislative, and judicial branches, is covered by FECA, as are several other groups,
including federal jurors and Peace Corps volunteers.
Overview of the FECA Program
Statutory and Regulatory Authorities
The FECA program is authorized in statute at 5 U.S.C. Sections 8101 et seq. Regulations
implementing FECA are provided at 20 C.F.R. Sections 10.00-10.826. The FECA program is
administered by the Department of Labor (DOL), Office of Workers’ Compensation Programs
(OWCP).
Program Financing
Benefits under FECA are paid out of the federal Employees’ Compensation Fund. This fund is
financed by appropriations from Congress that are used to pay current FECA benefits and that are
ultimately reimbursed by federal agencies through the chargeback process.
Each quarter, OWCP provides to all federal agencies with employees receiving FECA benefits an
estimate of the cost of these benefits to assist these agencies in preparing their budget requests.
By August 15 of each year, OWCP sends each agency a statement of their FECA costs for the
previous fiscal year. Each agency must include in its next budget request an appropriation to
cover its FECA costs for the previous fiscal year. Upon receiving this appropriation, or if a
nonappropriated entity of the government, by October 15, the agency must reimburse the
Employees’ Compensation Fund for the costs of the FECA benefits provided to its employees.
The administrative costs associated with the FECA program are provided to the DOL through the
appropriations process. In addition, the U.S. Postal Service (USPS) and certain other
nonappropriated entities of the federal government are required to pay for the “fair share” of the
costs of administering benefits for their employees.
FECA Benefit Costs
During the period between July 1, 2021, and June 30, 2022 (the chargeback year), the FECA
program paid out $2.92 billion in benefits, including approximately $2.05 billion in disability
benefits, $717 million in medical benefits, and $157 million in benefits to the survivors of federal
employees killed on the job.1
Employees Covered by FECA
The FECA program covers all civilians employed by the federal government, including
employees in the executive, legislative, and judicial branches of the government. Both full-time
and part-time workers are covered, as are most volunteers and all persons serving on federal
juries. Coverage is also extended to certain groups, including state and local law enforcement

1 Department of Labor (DOL), FY2024 Congressional Budget Justification, March 2022, p. OWCP-FPWC-17.
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officers acting in a federal capacity, Peace Corps volunteers, students participating in Reserve
Officer Training Corps (ROTC) programs, and members of the Coast Guard Auxiliary and Civil
Air Patrol.
Conditions Covered by FECA
Under FECA, workers’ compensation benefits are paid to any covered employee for any
disability or death caused by any injury or illness sustained during the employee’s work for the
federal government. There is no list of covered conditions nor is there a list of conditions that are
not covered. Nonetheless, as discussed later in this report, Section 4016 of the American Rescue
Plan Act of 2021 (P.L. 117-2) created a presumption of FECA eligibility for cases of COVID-19,
and Section 5305 of the James M. Inhofe National Defense Authorization Act for Fiscal Year
2023 (NDAA; P.L. 117-263) created a list of presumptive conditions for federal firefighters.
However, no injury, illness, or death may be compensated by FECA if the condition was:
 caused by the willful misconduct of the employee;
 caused by the employee’s intention to bring about the injury or death of himself
or another person; or
 proximately caused by the intoxication of the employee.
In addition, any person convicted of a felony related to the fraudulent application for or receipt of
FECA benefits forfeits his or her rights to all FECA benefits for any injury that occurred on or
before the date of conviction. The benefits of any person confined in jail, prison, or an institution
pursuant to a felony conviction are suspended for the duration of the incarceration and may not be
recovered.
Presumptive Conditions for Federal Firefighters
Section 5305 of the FY2023 NDAA established a list of conditions presumed to be employment-
related and thus compensable under FECA for federal firefighters with at least five years of
experience in fire protection activities. This list of presumptive conditions is provided in Table 1.
In addition, the Secretary of Labor, in consultation with the director of the National Institute for
Occupational Safety and Health, is required to periodically review the list of presumptive
conditions and may add conditions to this list through rulemaking.
FECA Claims Process
All FECA claims are processed and adjudicated by OWCP. Initial decisions on claims are made
by OWCP staff based on evidence submitted by the claimant and his or her treating physician.
The law also permits OWCP to order a claimant or beneficiary to submit to a medical
examination from a doctor contracted to the federal government. An employee dissatisfied with a
claims decision may request a hearing before OWCP or an OWCP review of the record of its
decision. A final appeal can be made to the Employees’ Compensation Appeals Board (ECAB).
The decision of the ECAB is final, cannot be appealed, and is not subject to judicial review.

Table 1. Conditions Presumed to be Employment-Related for Federal Firefighters
Cancers
Bladder cancer
Brain cancer
Colorectal cancer
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Cancers
Esophageal cancer
Kidney cancer
Leukemias
Lung cancer
Mesothelioma
Multiple myeloma
Non-Hodgkin lymphoma
Prostate cancer
Skin cancer (melanoma)
Testicular cancer
Thyroid cancer

Other Conditions
Chronic obstructive pulmonary disease
Sudden cardiac event or stroke within 24 hours of
engaging in firefighting activities
Source: 5 U.S.C. §8143b(b)(2) as provided in Section 5305 of P.L. 117-263.
Notes: The Secretary of Labor may add conditions to this list through rulemaking.
Time Limit for Filing FECA Claims
In general, a claim for disability or death benefits under FECA must be made within three years
of the date of the injury or death. In the case of a latent disability, such as a condition caused by
exposure to a toxic substance over time, the three-year time limit does not begin until the
employee is disabled and is aware, or reasonably should be aware, that the disability was caused
by his or her employment.
FECA Compensation Benefits
Continuation of Pay
In the case of a traumatic injury, an employee is eligible for continuation of pay for up to 45
days.2 Continuation of pay is paid by the employing agency and is equal to 100% of the
employee’s rate of pay at the time of the traumatic injury. Since continuation of pay is considered
salary and not compensation, it is taxed and subject to any deductions normally made against the
employee’s salary. Any lost work time beyond 45 days, or lost time due to a latent condition, is
considered either a partial or total disability under FECA.
Employees of the USPS must satisfy a three-day waiting period before becoming eligible for
continuation of pay.
Partial Disability
If an employee is unable to work full-time at his or her previous job, but is able to work either
part-time or at a job in a lower pay category, then he or she is considered partially disabled and
eligible for the following compensation benefits:
 if the employee is single, a monthly benefit equal to two-thirds of the difference
between the employee’s pre-disability and post-disability monthly wage or

2 A traumatic injury for the purposes of eligibility for continuation of pay is defined in the regulations at 20 C.F.R.
§10.5(ee) as “a condition of the body caused by a specific event or incident, or series of events or incidents, within a
single workday or shift.” Certain groups, including federal jurors, Peace Corps volunteers, and Civil Air Patrol
members, are not eligible for continuation of pay.
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 if the employee has at least one dependent or a spouse,3 a monthly benefit equal
to 75% of the difference between the employee’s pre-disability and post-
disability monthly wage.
The compensation benefits paid for partial disability are capped at 75% of the maximum basic
pay at rate GS-15 (GS-15, step 10 without any locality adjustment) at the time of eligibility, are
not subject to federal taxation, and are subject to an annual cost-of-living adjustment.4 Benefits
are paid for the duration of the disability or the life of the beneficiary.
If an employee’s actual wages do not accurately represent his or her true wage-earning capacity,
or if he or she has no wages, then his or her partial disability benefit is based on his or her wage-
earning capacity as determined by OWCP using a combination of vocational factors and “degree
of physical impairment.”
Scheduled Benefits
In cases in which an employee suffers a permanent partial disability, such as the loss of a limb, he
or she is entitled to a scheduled benefit. The scheduled benefit is in addition to any other partial
or total FECA disability benefits received. An employee may receive a scheduled award even if
he or she has returned to full-time work.5 The list of scheduled benefits is provided in the
Appendix A to this report and for each type of permanent partial disability, an employee receives
the standard FECA benefits for the number of weeks indicated.6 If an employee suffers a
disfigurement of the face, head, or neck that is of such severity that it may limit his or her ability
to secure or retain employment, the employee is entitled to up to $3,500 in additional
compensation.
Total Disability
If an employee is unable to work at all, then he or she is considered totally disabled and eligible
for the following compensation benefits:
 if the employee is single, a monthly benefit equal to two-thirds of the employee’s
pre-disability monthly wage or
 if the employee has at least one dependent (including a spouse),7 a monthly
benefit equal to 75% of the employee’s pre-disability monthly wage.

3 A dependent can be a spouse, an unmarried child under the age of 18, an unmarried child 18 or older who is incapable
of self-support, a student up to age 23 or until he or she completes four years of school beyond high school, or a
dependent parent.
4 Per Title 5, Section 8146a, of the U.S. Code, the cost-of-living adjustment is made each year on March 1 and is based
on changes in the Consumer Price Index for Urban Wage Earners and Clerical Workers (all items-United States city
average) as measured in December of each year.
5 The list of the Federal Employees’ Compensation Act (FECA) scheduled benefits are provided in statute at 5 U.S.C.
Section 8107(c) and in regulation at 20 C.F.R. Section 10.404(a).
6 In certain circumstances, if it is determined to be in the beneficiary’s best interest, the full amount of the scheduled
award may be paid in one lump sum. For additional information on the payment of a scheduled award in a lump sum,
see Section 2-1300 of the Division of Federal Employees’ Compensation Procedure Manual at https://www.dol.gov/
owcp/dfec/regs/compliance/dfecfolio/FECA-PT2/group2.htm#21300.
7 A dependent can be a spouse, unmarried child under the age of 18, unmarried child 18 or older who is incapable of
self-support, a student up to age 23 or until he or she completes four years of school beyond high school, or a
dependent parent.
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The compensation benefits paid for total disability are capped at 75% of the maximum basic pay
at rate GS-15 (GS-15, step 10), without any locality adjustment, at the time of eligibility, are not
subject to federal taxation, and are subject to an annual cost-of-living adjustment.8 Benefits are
payable until it is determined that the employee is no longer totally disabled and may continue
until the employee’s death.
Death
If an employee dies in the course of employment or from a latent condition caused by his or her
employment, the employee’s survivors are eligible for the following compensation benefits:9
 if the employee had a spouse and no children, then the spouse is eligible for a
monthly benefit equal to 50% of the employee’s monthly wage at the time of
death, or
 if the employee had a spouse and one or more children, then the spouse is eligible
for a monthly benefit equal to 45% of the employee’s monthly wage at the time
of death, and each child is eligible for a monthly benefit equal to 15% of the
employee’s monthly wage at the time of death, up to a maximum family benefit
of 75% of the employee’s monthly wage at the time of death.
Special rules apply in cases in which an employee dies without a spouse or children or with only
children.
If a spouse remarries before the age of 55, then he or she is entitled to a lump-sum payment equal
to 24 months of benefits, after which all benefits cease. If a spouse remarries at the age of 55 or
older, benefits continue for life. A child’s benefits end at the age of 18, or age 23 if the child is
still in school. A child’s benefits continue for life if the child is disabled and incapable of self-
support.
The compensation benefits paid for death are capped at 75% of the maximum basic pay at rate
GS-15, without any locality adjustment, at the time of eligibility, are not subject to federal
taxation, and are subject to an annual cost-of-living adjustment.10
Additional Death Benefits
The personal representative of the deceased employee is entitled to reimbursement, up to $200, of
any costs associated with terminating the deceased employee’s formal relationship with the
federal government. The personal representative of the deceased employee is also entitled to a
reimbursement of funeral costs up to $800, and the federal government will pay any costs
associated with shipping a body from the place of death to the employee’s home. An employee
killed while working with the military in a contingency operation is also entitled to a special
gratuity payment of up to $100,000 payable to his or her designated survivors.

8 Per Title 5, Section 8146a, of the U.S. Code, the cost-of-living adjustment is made each year on March 1 and is based
on changes in the Consumer Price Index for Urban Wage Earners and Clerical Workers (all items-United States city
average) as measured in December of each year.
9 The death must be related to the person’s work. For example, a person who dies of an unrelated medical condition in
the workplace would not be eligible for FECA benefits.
10 Per Title 5, Section 8146a, of the U.S. Code, the cost-of-living adjustment is made each year on March 1 and is based
on changes in the Consumer Price Index for Urban Wage Earners and Clerical Workers (all items-United States city
average) as measured in December of each year.
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FECA Medical Benefits
Under FECA, all medical costs—including medical devices, therapies, and medications—
associated with the treatment of a covered injury or illness are paid for, in full, by the federal
government. A FECA beneficiary is not responsible for any coinsurance or any other costs
associated with his or her medical treatment and does not have to use any personal insurance for
any covered medical costs. A published fee schedule is used by OWCP to determine the rate or
reimbursement paid to medical providers.11
Generally, a beneficiary may select his or her own medical provider and is reimbursed for the
costs associated with transportation to receive medical services. Medical providers must be
authorized by OWCP and can have their authorization removed if it is determined that they are
violating program rules or are involved in fraud.
A FECA beneficiary who is blind, paralyzed, or otherwise disabled such that he or she needs
constant personal attendant care may receive an additional benefit of up to $1,500 per month.
Vocational Rehabilitation
The Secretary of Labor may direct any FECA beneficiary to participate in vocational
rehabilitation, the costs of which are paid by the federal government. While participating in
vocational rehabilitation, the beneficiary may receive an additional benefit of up to $200 per
month. However, any beneficiary who is directed to participate in vocational rehabilitation and
fails to do so may have his or her benefit reduced to a level consistent with the increased wage
earning capacity that likely would have resulted from participation in vocational rehabilitation.
Coordination with Other Benefits
Coordination with Retirement Benefits for Federal Employees
Most federal employees are covered by either the Civil Service Retirement System (CSRS) or the
Federal Employees’ Retirement System (FERS).12 The CSRS covers federal employees initially
hired before January 1, 1984. The FERS covers employees hired on or after that date and CSRS-
eligible employees who voluntarily switched to FERS coverage during “open seasons” held in
1987 and 1998. Employees contribute to the cost of the CSRS and FERS through payroll taxes.
Both the CSRS and FERS provide for defined benefit pensions for retired and disabled federal
employees. The FERS defined benefit pension is smaller than that provided by the CSRS,
however, the FERS also provides for participation in the Social Security system and the Thrift
Savings Plan (TSP), a federally managed defined contribution plan similar to a 401(k) plan
offered to private-sector workers.13

11 A copy of the current Office of Workers’ Compensation Programs (OWCP) medical fee schedule can be found on
the DOL website at http://www.dol.gov/owcp/regs/feeschedule/fee.htm.
12 Some federal employees, such as Foreign Service Officers or employees of nonappropriated fund instrumentalities
are covered by federal retirement systems other than the CSRS or FERS. For additional information on these federal
retirement plans, see CRS Report R47084, Federal Retirement Plans: Frequently Asked Questions; and CRS Report
98-810, Federal Employees’ Retirement System: Benefits and Financing.
13 For additional information on the Thrift Savings Plan (TSP), see CRS Report RL30387, Federal Employees’
Retirement System: The Role of the Thrift Savings Plan.
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While an injured federal employee is receiving FECA benefits and not working, he or she does
not make any CSRS or FERS contributions, but does continue to accrue time in service for the
purposes of retirement eligibility.14 Because FECA benefits are not considered earnings under
either the Social Security Act or Internal Revenue Code, FECA beneficiaries generally may not
contribute to the Social Security system via the payroll tax or to the TSP.
Once a FECA beneficiary becomes eligible for CSRS or FERS retirement benefits, he or she may
elect to receive these retirement benefits or remain in the FECA program for the duration of
disability. Once this election is made, it may be changed at any time.
The amount of the FERS basic annuity is increased from 1% of the employee’s high-three
average pay to 2% of the high-three average pay for any period during which the employee was
receiving FECA benefits rather than earnings. This provision, enacted in 2003, is designed to
partially replace retirement income lost because of the employee’s inability to contribute to the
Social Security system or the TSP while receiving FECA benefits.15
Coordination with Disability Retirement Benefits
Both the CSRS and FERS offer federal employees who are unable to continue working because
of disabilities the option to take a disability retirement annuity before reaching normal retirement
age.16 For the purposes of the CSRS and FERS disability retirement systems, an employee is
considered disabled and eligible for an annuity if he or she is unable to perform his or her current
federal job and cannot be accommodated with a job at the same rate of pay by his or her
employing agency because of a medical condition that is expected to last at least one year. An
employee must have five years of service to qualify for disability retirement benefits under CSRS
and 18 months of service under FERS. Generally, the amount of an employee’s disability annuity
is lower than what the employee would have received had he or she worked until normal
retirement age and collected a CSRS or FERS retirement annuity.
As in the case of a FERS or CSRS retirement annuity, a FECA beneficiary who is also eligible for
CSRS or FERS disability retirement benefits may elect to receive these disability retirement
benefits or remain in the FECA program for the duration of disability. Once this election is made,
it may be changed at any time.
Coordination with Social Security Disability Insurance Benefits
Because FECA is a workers’ compensation program, it is covered by the public disability offset
provisions of Section 224 of the Social Security Act.17 If a FECA beneficiary is also receiving
Social Security Disability Insurance (SSDI) benefits, then the total amount of the beneficiary’s
monthly SSDI benefit, all SSDI benefits paid to his or her spouse or dependents, and his or her
FECA benefit cannot exceed 80% of his or her average monthly wage used to calculate his or her
SSDI benefit (“average current earnings”). The FECA beneficiary’s SSDI benefits, or the benefits
for his or her spouse or dependents, are reduced until the 80% threshold is reached.

14 The only payroll deductions taken from FECA benefits are for Federal Employees Health Benefits (FEHB) and
basic, optional, and post-retirement basic life insurance if the employee is enrolled in these programs.
15 P.L. 108-92.
16 For additional information on disability retirement under CSRS and FERS, see CRS Report RS22838, Disability
Retirement for Federal Employees.
17 42 U.S.C. §424a.
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Coordination with Social Security Retirement Benefits
Federal employees covered by the FERS system are also covered by the Social Security system
for their periods of federal employment. If a federal employee covered by FERS is entitled to
both FECA and Social Security retirement benefits, the amount of his or her monthly FECA
benefit is reduced by the amount of his or her Social Security retirement benefit attributable to his
or her federal service.
Coordination with Public Safety Officers’ Benefits
The amount of FECA benefits payable to a state or local law enforcement officer who is also
eligible for benefits for death or permanent and total disability under the Public Safety Officers’
Benefits (PSOB) program is reduced by the amount of the PSOB benefit.18 There is no offset or
reduction of FECA benefits for federal law enforcement officers or other federal public safety
officers, such as federal firefighters, who also receive PSOB benefits.
Selected Current Issues Facing the FECA Program
Presumption of Eligibility for COVID-19 Cases
From the beginning of the COVID-19 pandemic in 2020 through the end of FY2022, there were
81,448 cases of federal employees in the executive branch (excluding the USPS) with COVID-19
submitted to OWCP; 76,731 of these cases resulted in lost work time, and 195 of these cases
resulted in fatalities.19
Section 4016 of the American Rescue Plan Act of 2021 (P.L. 117-2) provides for a presumption of
eligibility for FECA benefits for federal employees who contract COVID-19. This presumption
applies to any federal employee employed by the federal government at any time between
January 27, 2020, and January 27, 2023, who meets the following conditions:
 is diagnosed with COVID-19 during this eligibility period;
 did not exclusively telework during the eligibility period; and
 during a period to be determined by the Secretary of Labor, performed duties as a
federal employee that required contact with patients, members of the public, or
coworkers or that included a risk of exposure to COVID-19.
Federal employees who meet these conditions and their survivors are eligible for FECA without
having to demonstrate a causal link between their federal employment and exposure to the SARS-
CoV-2 virus or the contracting of COVID-19.
Proof of Diagnosis of COVID-19
Section 4016(b)(1)(A)(ii) of P.L. 117-2 requires that an employee be “diagnosed with COVID-
19” during the eligibility period. The statute does not specifically address what is required for a

18 34 U.S.C. §10281(f). For additional information on the PSOB program, see CRS Report R45327, Public Safety
Officers’ Benefits (PSOB) and Public Safety Officers’ Educational Assistance (PSOEA) Programs. State and local law
enforcement officers covered by FECA may also be covered by state workers’ compensation laws. In such cases, the
amount of FECA benefits is reduced by the amount of any state workers’ compensation benefits.
19 DOL, Occupational Safety and Health Administration, Federal Injury and Illness Statistics for Fiscal Year 2020, and
Federal Injury and Illness Statistics for Fiscal Year 2021, https://www.osha.gov/enforcement/fap/statistics.
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COVID-19 diagnosis. OWCP has issued guidance in the form of FECA program bulletins on
acceptable evidence to establish a diagnosis of COVID-19. Per this guidance, the following
should be submitted by a claimant to establish a COVID-19 diagnosis:
1. A positive polymerase chain reaction (PCR) or antigen COVID-19 test result (as
discussed below, self-administered tests are not sufficient to establish a
diagnosis);
2. A positive antibody test result with contemporaneous medical evidence that the
claimant had documented symptoms of COVID-19 or was treated for COVID-19
by a physician; or
3. If no positive laboratory test is available, a COVID-19 diagnosis from a
physician together with rationalized medical opinion supporting the diagnosis
and an explanation of why a positive test result is not available.20
In addition, the guidance provides that
In certain rare instances, a physician may provide a rationalized opinion with supporting
factual and medical background as to why the employee has a diagnosis of COVID-19
notwithstanding a negative or series of negative COVID-19 test results.21
Guidance on Self-Administered Testing
Further guidance issued by OWCP on February 16, 2022, provided that a self-administered test,
such as a home test or test available over the counter, may not be used as evidence of a COVID-
19 diagnosis unless the administration of the test is monitored by a medical professional who
verifies the results of the test.22
Termination of Benefits After September 30, 2030
For cases of FECA eligibility determined based on the COVID-19 presumption, no benefits are
authorized to be paid after September 30, 2030. A federal employee who becomes eligible for
FECA based on the COVID-19 presumption and remains disabled or in need of medical services
after September 30, 2030, or the survivors of a federal employee who was covered by the
COVID-19 presumption, will not be eligible for any disability, medical, or survivors benefits after
the scheduled termination date of September 30, 2030.
This limitation on the duration of benefits does not apply to federal employees or survivors with
FECA eligibility not determined in accordance with the COVID-19 presumption created by
Section 4016 of P.L. 117-2, including those determined to be eligible for FECA before enactment
of the COVID-19 presumption under the OWCP COVID-19 guidance issued on March 30,
2020.23

20 OWCP, Establishing FECA Claims for COVID-19 Under the American Rescue Plan Act of 2021 Through Antigen
Testing, FECA Bulletin No. 21-10, August 18, 2021, https://www.dol.gov/agencies/owcp/FECA/regs/compliance/
DFECfolio/FECABulletins/FY2020-2024#FECAB2110. This bulletin superseded an earlier bulletin, No. 21-09, which
had required that a positive antigen test be accompanied by medical evidence of COVID-19.
21 Ibid.
22 OWCP, Updates to COVID-19 Claims Processing Guidelines Relating to Reinfections and Home Tests, FECA
Bulletin No. 22-06, February 16, 2022, https://www.dol.gov/agencies/owcp/FECA/regs/compliance/DFECfolio/
FECABulletins/FY2020-2024#FECAB2206.
23 On March 30, 2020, OWCP issued guidance on how to process FECA claims related to COVID-19. Under this
guidance, if an employee engaged in high-risk employment files a COVID-19 claim, and the employer supports the
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Payment of Benefits and Administrative Costs
The costs of FECA benefits and administrative costs associated with cases determined in
accordance with the COVID-19 presumption created by Section 4016 of P.L. 117-2 are paid by
the Employees’ Compensation Fund. The costs of these benefits are not to be charged back to the
employees’ host agencies, and administrative costs for these cases are not to be subject to
reimbursement from the USPS and other government corporations under the “fair share” process.
FECA and Retirement Age
Both FECA compensation and medical benefits are payable for the duration of a person’s
disability. There is no maximum duration of benefits and no maximum age at which benefits must
be terminated. Beneficiaries who are eligible for CSRS or FERS retirement or disability annuities
may chose to remain in the FECA program. Given the level of benefits, which can be as high as
75% of a worker’s pre-disability wage; the annual cost-of-living adjustment to benefits; and the
fact that FECA benefits are not taxed, in some cases the monthly FECA benefit is higher than
what would be paid by a CSRS or FERS annuity. However, because FECA beneficiaries who are
not working do not pay into either the Social Security system or the TSP, they may be unable to
rely on these programs as a significant source of retirement income.
In a 2020 audit of the FECA program for USPS employees, the USPS Office of Inspector General
(OIG) reported that 14,941 postal employees were receiving FECA benefits for disabilities that
are expected to be permanent, with 2,619 of these employees aged 70 or older.24 In its response to
this audit, the USPS reported that there were 8,499 employees aged 60 or older receiving FECA
benefits with the oldest USPS FECA beneficiary at that time being 105 years old.25
The provision of FECA compensation benefits to workers after retirement age has changed during
the history of the FECA program. Although FECA benefits have always been paid for the
duration of disability, between 1949 and 1974, the administrator of the FECA program was
required to review the amount of benefits paid to each beneficiary at the age of 70 and was
authorized to reduce the amount of such benefits if it was determined that the beneficiary’s wage-
earning capacity had been reduced by his or her age, independent of his or her disability. This
provision was repealed in 1974 with the Senate Committee on Labor and Public Welfare calling
the reduction of benefits at the age of 70 “discriminatory.”26
Policy Considerations
The question of whether FECA benefits should continue past retirement age depends somewhat
on the intent of these benefits. If FECA disability benefits are intended solely to replace income
lost by a worker because of an injury or illness, then one can reasonably argue that these benefits
should stop at retirement age, when the worker would likely voluntarily stop working on his or

claim and concurs that the exposure occurred, OWCP will “accept that the exposure to COVID-19 was proximately
caused by the nature of the employment” and authorize continuation of pay for up to 45 days. Under this guidance an
employee would have to demonstrate a causal link between COVID-19 and his or her federal employment. For
additional information on this guidance see OWCP, Federal Employees Contracting COVID-19 in Performance of
Duty, March 31, 2020, https://www.dol.gov/owcp/dfec/regs/compliance/DFECfolio/FECABulletins/FY2020-
2024.htm#FECAB2005.
24 U.S. Postal Service, Office of Inspector General, Workers’ Compensation Program Cost Containment Activities,
Report Number 19-031-R20, August 6, 2020, p. 1, https://www.uspsoig.gov/sites/default/files/document-library-files/
2020/19-031-R20.pdf.
25 Ibid., p. 17.
26 S.Rept. 93-1081, p. 7.
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her own, and thus no longer have wages to be replaced. It could be argued that the provision of
FECA benefits for wage loss is analogous to the SSDI program, which stops paying benefits
when a disabled beneficiary reaches retirement age. However, SSDI benefits automatically
convert to Social Security retirement benefits at retirement age.
However, if FECA disability benefits are intended to provide some relief to the worker beyond
wage replacement, such as providing additional money that might have been paid by an at-fault
employer through the tort system or guaranteeing a certain minimum standard of living for a
disabled worker, then stopping benefits at any age while the disability continues would violate
this intent and deprive the beneficiary of deserved benefits.
Currently, 20 states place limitations on the duration or total amount of permanent total disability
benefits under their workers’ compensation systems. These limitations are in the form of a
maximum number of weeks for which benefits may be paid, a termination of benefits at
retirement or some other age, some combination of both, or a maximum amount of total benefits
that can be received.27 Federal workers’ compensation benefits paid through the Longshore and
Harbor Workers’ Compensation Act (LHWCA) are paid for the duration of disability or the life of
the beneficiary.28
FECA Benefit Levels
In general, FECA disability benefits are greater than those offered by state workers’ compensation
systems. For workers with traumatic injuries, FECA offers continuation of pay, at full salary, for
the first 45 days. No state system currently provides any type of continuation of pay, absent the
use of some form of sick or personal leave. Disability benefits under FECA are adjusted annually
to reflect changes in the cost of living, a provision found in less than half of state systems.
The maximum FECA benefit is based on 75% of the GS-15, step 10 pay rate, without any locality
adjustments whereas state maximums are generally based on state average wages or the worker’s
own pre-disability wage. For 2023, the annual salary at GS-15, step 10, with no locality
adjustments, is $152,771, whereas the average federal salary for the executive branch in
September 2022 was $95,338.29 Thus, the maximum FECA benefit under the current system is
higher than it would be if the FECA system based its maximum benefit level on average wages as
is the case in the majority of the states.
The FECA basic benefit rate for total disability is two-thirds of the worker’s pre-disability wage.
Currently, 36 states and the District of Columbia have total disability benefit rates that are set at
this level.30 Benefits under the federal LHWCA are also set at two-thirds of the pre-disability
wage.
Because of the augmented compensation provision of the FECA program, beneficiaries with
dependents, including spouses, may receive total disability benefits at a rate of 75% of their pre-
disability wages. One state, Washington, pays augmented compensation for dependents.

27 Griffin T. Murphy and Jennifer Wolf, Workers’ Compensation: Benefits, Coverage, and Costs (2020 Data), National
Academy of Social Insurance, November 2022, pp. 95-102.
28 For additional information on the LHWCA, see CRS Report R41506, The Longshore and Harbor Workers’
Compensation Act (LHWCA): Overview of Workers’ Compensation for Certain Private-Sector Maritime Workers.
29 Information on the GS-15 salary rate is taken from the website of the Office of Personnel Management at
https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/23Tables/html/GS.aspx.
Information on average federal salary is taken from the FedScope system online at http://www.fedscope.opm.gov/.
30 Murphy and Wolf, Workers’ Compensation, pp. 95-102.
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Insurance
The administration of state workers’ compensation systems and the provision of insurance and
benefits differ significantly from the FECA program. The FECA program does not involve any
form of private insurance or private third-party administration of claims or benefits. Essentially,
each federal entity acts like a self-insured employer with OWCP in the role of claims and benefit
manager.
State workers’ compensation benefits are generally provided by private insurance, state insurance
funds, or through self-insurance. All but four states—North Dakota, Ohio, Washington, and
Wyoming—allow for private insurance. In Ohio and Washington, employers may either purchase
insurance from the state fund or self-insure, whereas employers in North Dakota and Wyoming
may not self-insure and must purchase coverage from the state fund. In 18 states, employers may
purchase insurance from either a state fund or private carriers. All states except North Dakota and
Wyoming allow self-insurance. Under the federal LHWCA, employers must purchase private
insurance or self-insure.
Private insurance pays the majority of state workers’ compensation benefits. In 2020, private
insurers paid 58.6% of total state workers’ compensation benefits whereas state funds paid 15.3%
and self-insured firms paid 26.1%.31 Thus, nearly three-quarters of all state workers’
compensation benefits are paid through a system of third-party insurance rather than through the
self-insurance model used by the FECA program.
Opioids
Opioids are drugs that bind to opioid receptors on nerve cells in the human body and brain.
Through this action, opioids have an analgesic effect and are therefore most frequently prescribed
and used for pain relief. As a class of drug, opioids include both natural derivatives of the opium
poppy plant (referred to as opiates) and synthetic formulations that emulate the effect of opiates.
Examples of opioids include heroin, fentanyl, morphine, oxycodone, hydrocodone, and codeine.
In addition to temporarily relieving pain, opioids can have other short-term effects, including
euphoria, drowsiness, confusion, nausea, constipation, and slowed breathing. Repeated use of
opioids can result in an increased physical tolerance for the drug resulting in a user’s need for
higher doses to get the same effects. Users may also develop dependence on the drug such that its
absence in the body will result in withdrawal symptoms or an addiction to the drug in which the
person compulsively seeks the drug despite increasing negative physical, psychological, or social
consequences associated with its use. Another concern is the potential for overdose and death
from the use of both illicit and prescription opioids. The increase in opioid-overdose deaths in
recent years has been well-documented and the subject of significant attention from public health
authorities, the public, and Congress.
Since March 2016, the Food and Drug Administration has required that all immediate-release
opioids carry a boxed warning with information on the risks of misuse, abuse, addiction,
overdose, and death associated with opioids. In addition, during that time, the Centers for Disease
Control and Prevention (CDC) issued guidelines for prescribing opioids for chronic pain.32 States,

31 Ibid., pp. 26-27.
32 Deborah Dowell, Tamara Haegerich, and Roger Chou, “CDC Guidelines for Prescribing Opioids for Chronic Pain-
United States, 2016,” Mortality and Morbidity Weekly Report, vol. 65, no. 1 (March 18, 2016), pp. 1-49. In February
2022, CDC proposed new guidelines for treating pain that remove dose limits, among other changes (CDC, “Proposed
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pharmacy benefit managers (PBMs), and private pharmacy companies have also issued their own
guidelines and policies designed to limit the dosage and duration of opioid prescriptions.33
In part due to the nature of work injuries, which frequently involve pain, opioids have
traditionally made up a large portion of the total utilization of prescription drugs in workers’
compensation programs despite concerns over misuse, overuse, and abuse and questions about
their effectiveness at improving workers’ health and returning them to work. A 2019 study
published in the journal Industrial Relations looked at the interaction of long-term opioid use and
the duration of workers’ compensation disability benefits and prospects for returning injured
workers to their jobs.34 In this study, which focused on individuals with employment-related low
back pain, the authors conclude that long-term use of opioids is linked to longer disability
durations, stating
We find that prolonged prescribing of opioids leads to longer duration of temporary
disability benefits among workers with work-related low back injuries. Our estimates
indicate that longer-term opioid prescriptions roughly triple the duration of temporary
disability benefits, compared to similar workers with similar injuries who do not get opioid
prescriptions. Thus, we do not find evidence, on average, of beneficial effects of opioids
prescribed in workers’ compensation cases—benefits that would need to be weighed
against the costs of opioid use.35
OWCP Opioid Prescribing Guidelines and Policies
2017 Guidelines
On June 6, 2017, OWCP issued guidelines for prescribing opioids in the FECA program.36 These
guidelines followed earlier OWCP guidelines for prescribing Schedule II drugs37 and the specific
opioid fentanyl.38
The 2017 guidelines received some criticism for being too permissive when compared with state
workers’ compensation policies and CDC guidelines. For example, in a May 2018 hearing on
opioids and the FECA program, Joe Padua, president of CompPharma, a consortium of PBMs,
testified that FECA was “five or six years behind the rest of the workers’ compensation industry”

2022 CDC Clinical Practice Guideline for Prescribing Opioids,” 87 Federal Register 7838-7840, February 10, 2022).
33 National Conference of State Legislatures, Prescribing Policies: States Confront Opioid Overdose Epidemic, June
30, 2019, https://www.ncsl.org/research/health/prescribing-policies-states-confront-opioid-overdose-epidemic.aspx.
34 Bogdan Savych, David Neumark, and Randall Lea, “Do Opioids Help Injured Workers Recover and Get Back to
Work? The Impact of Opioid Prescriptions on Duration of Temporary Disability,” Industrial Relations, vol. 58, no. 4
(October 2019), pp. 549-590.
35 Ibid., p. 586. The study did not find a causal effect of short-term opioid use on return to work, and the authors
caution that “our results do not imply that opioids cannot be beneficial in treating injured workers. Rather, it is the
longer term prescribing behavior that appears to be problematic.”
36 OWCP, Opioid Prescribing Guidelines, FECA Bulletin No. 17-07, June 6, 2017, https://www.dol.gov/owcp/dfec/
regs/compliance/DFECfolio/FECABulletins/FY2016-2020.htm#FECAB1707.
37 OWCP, Division of Federal Employees Compensation: Pharmacy Schedule II Policy, December 1, 2009,
https://www.dol.gov/owcp/dfec/pharmacy-schedule-II-policy.htm. The Controlled Substances Act (CSA) establishes
five schedules for various types of drugs, plants, and chemicals, with Schedule II drugs, such as Vicodin, morphine,
cocaine, methadone, and fentanyl, having the highest potential for abuse and dependence of any drugs available by
prescription. For additional information on the CSA and drug schedules see CRS Report R45164, Legal Authorities
Under the Controlled Substances Act to Combat the Opioid Crisis.
38 OWCP, Usage Guidelines for Fentanyl Products, FECA Bulletin No. 11-05, May 3, 2011, https://www.dol.gov/
owcp/dfec/regs/compliance/DFECfolio/FECABulletins/FY2011-2015.htm#FECAB1105.
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and that the 2017 guidelines were “far too permissive and wildly inconsistent with all credible
opioid guidelines.”39
2019 Guidelines
OWCP updated its opioid prescription guidelines for the FECA program on September 9, 2019.40
The 2019 guidelines apply only to noncancer cases in which no opioid had been prescribed in the
prior 180 days. The guidelines also limit initial fills of opioids and require letters of medical
necessity for fills after 28 days of opioid treatment.
2021 OWCP PBM Policies
In March 2021, OWCP announced that all prescriptions paid for by the FECA program will be
provided through the services of a PBM.41 A PBM is a third-party company that manages access
to prescriptions through a number of techniques such as establishing formularies, giving
preference for generic drugs, and requiring preauthorization and ongoing utilization reviews for
certain medications. On November 23, 2021, OWCP announced the implementation of new
policies regarding the provision of opioids to FECA beneficiaries through a PBM.42 These
policies are designed to enhance, rather than fully replace, the 2019 guidelines.
Under these new policies, all authorizations for opioids and other drugs will be made by a PBM
rather than OWCP, with the claimant having the right to request a formal decision from OWCP
and to appeal OWCP’s formal decision. The PBM will pay only for drugs on the OWCP
formulary, which will be created and updated by OWCP.
The PBM policies went into effect on December 9, 2021, and apply to the following classes of
beneficiaries with opioid prescriptions:
 Beneficiaries who have not had any FECA claims for opioids in the past 180 days
are immediately subject to these policies.
 Beneficiaries who had prior authorization for opioids before December 9, 2021,
are subject to these policies once their authorization periods end.
 Beneficiaries who do not require authorization for opioids because their
treatments pre-date the 2017 or 2019 guidelines are subject only to the retroactive
drug utilization review policy.
The PBM policies related to opioids are as follows:

39 U.S. Congress, House Committee on Education and the Workforce, Subcommittee on Workforce Protections, The
Opioid Epidemic: Implications for the Federal Employees’ Compensation Act, 115th Cong., 2nd sess., May 8, 2018,
testimony of Joe Padua.
40 OWCP, New Opioid Prescribing Guidelines in the FECA Program Limiting Initial Fills to Seven Days and Imposing
LMN at 28 Days, FECA Bulletin No. 19-04, September 9, 2019, https://www.dol.gov/owcp/dfec/regs/compliance/
DFECfolio/FECABulletins/FY2016-2020.htm#FECAB1904.
41 OWCP, New FECA Pharmacy Benefits Management System, FECA Bulletin No. 21-07, March 9, 2021,
https://www.dol.gov/agencies/owcp/FECA/regs/compliance/DFECfolio/FECABulletins/FY2020-2024#FECAB2107.
42 OWCP, New FECA Prescription Management Policies, FECA Bulleting No. 22-02, November 21, 2021,
https://www.dol.gov/agencies/owcp/FECA/regs/compliance/DFECfolio/FECABulletins/FY2020-2024#FECAB2202.
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 For the initial fill, only one seven-day supply of a fast-acting opioid, at a dose of
no more than 90 morphine milligram equivalents (MME), that is on the
formulary will be permitted for noncancer pain without prior authorization;43
 All fills beyond the initial fill require prior authorization and with each such
authorization lasting 60 days, with limits of no more than a 30-day supply per
fill;
 No more than two opioids may be provided at the same time;
 Extended release/long acting (ER/LA) opioids will not be authorized within 90
days of the injury and will be authorized only if they are on the formulary and the
beneficiary has developed a sufficient opioid tolerance to safely use ER/LA drugs
or meets other ER/LA requirements mandated by the Food and Drug
Administration;
 If more than six months have passed since the beneficiary’s last opioid
prescription, the next opioid fill will be treated as an initial fill and subject to the
seven-day and 90-MME-per-day limits;
 All beneficiaries with opioid prescriptions are subject to concurrent and
retroactive drug utilization reviews, which may include outreach to beneficiaries
and medical providers to ensure that the beneficiaries are receiving appropriate
therapies and letters from the PBM identifying concerns and risks associated with
the beneficiary’s current use of opioids and other drugs; and
 Claimants with doses of 90 MME or more are subject to “dose locks” at
pharmacies that will prevent them from receiving any additional opioid doses
without approval of the PBM.
FECA Benefits for Anomalous Health Incidents
(Havana Syndrome)
Beginning in 2016, a number of federal employees assigned to work outside of the United States
reported unexplained sensory disturbances followed by a range of medical symptoms such as
headaches, pain, nausea, and disequilibrium. While formally referred to by OWCP as anomalous
health incidents (AHIs), this phenomenon has come to be commonly known as “Havana
Syndrome,” because the first group of people who reported these events and symptoms were
stationed at the U.S. embassy in Havana, Cuba.44 Injuries and illnesses incurred by federal
employees in the line of duty, even if that duty is outside of the United States, are compensable
under FECA. However, the difficulty in demonstrating a link between the symptoms of AHIs and
the circumstances of a person’s federal employment has presented a challenge to those seeking
FECA benefits for AHIs.
There is no presumption of FECA eligibility for federal employees who experienced AHIs. Thus,
as with other injuries or illnesses, claimants must demonstrate a connection with their federal

43 MMEs, also referred to morphine equivalent dose, is a standardized measure of the potency of an opioid. It is
calculated by converting the dose of a given medication to the equivalent dose of the drug morphine.
44 For additional information on AHIs and “Havana Syndrome,” see CRS Insight IN11850, FY2022 NDAA: Care for
Anomalous Health Incident Victims.
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employment. On January 12, 2022, OWCP issued guidance on the processing of FECA claims for
AHIs.45
Establishing the Facts of the AHI
The guidance provides that if a claimant’s employing agency concurs with the claimant that the
AHI occurred in the course of federal employment, OWCP will accept that the incident is covered
by FECA. If the employing agency does not concur or does not provide an opinion on whether or
not the AHI occurred in the course of federal employment, OWCP will request a formal statement
from the employing agency as part of its development of the facts of the claim. If the employing
agency fails to provide a formal statement on the AHI, OWCP may accept the claimant’s
statements as factual and accept the FECA claim. If the agency’s formal statement is ambiguous,
OWCP may convene a conference with the claimant and his or her employing agency to assist in
determine the facts of the case.
Establishing a Causal Relationship Between an AHI and a
Claimant’s Symptoms
The guidance provides that if a claimant with a compensable AHI is diagnosed with a traumatic
brain injury (TBI), no medical opinion on causation is required for the TBI to be compensable.
For a condition other than a TBI, a “well-rationalized opinion” from a physician establishing a
causal relationship between the AHI and medical condition is required for this condition to be
compensable.
Relationship Between FECA and Benefits Under the HAVANA Act of 2021
The Helping American Victims Afflicted by Neurological Attacks Act of 2021 (HAVANA Act,
P.L. 117-46), authorizes the Department of State, the Central Intelligence Agency (CIA), and any
other federal agency to provide payments related to AHIs. Payments may be made by the
agencies to Department of State and CIA employees and their dependents—and other federal
employees detailed to or affiliated with the Department of State or CIA—who incur brain injuries
from hostile acts or other incidents designated by the Secretary of State or CIA director while
assigned to duty in the United States or anywhere in the world. The OWCP AHI guidance
provides that there is no offset of FECA benefits if a beneficiary also receives benefits under the
HAVANA Act.

45 OWCP, Processing Claims for Anomalous Health Incidents (AHI) under the Federal Employees Compensation Act
(FECA), FECA Bulletin No. 22-03, January 12, 2022, https://www.dol.gov/agencies/owcp/FECA/regs/compliance/
DFECfolio/FECABulletins/FY2020-2024#FECAB2203.
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Appendix A. FECA Scheduled Benefits
Table A-1. FECA Scheduled Benefits for Partial Disability Compensation
Loss of Use of Body System
Number of Weeks of Compensation
Scheduled benefits provided by statute [5 U.S.C. Section 8107(c)]
Arm
312
Leg
288
Hand
244
Foot
205
Eye
106
Thumb
75
First finger
46
Great toe
38
Second finger
30
Third finger
25
Toe other than great toe
16
Fourth finger
15
Loss of hearing in one ear
52
Loss of hearing in both ears
200
Scheduled benefits provided by regulation [20 C.F.R. Section 10.404(a)]
Breast
52
Kidney
156
Larynx
160
Lung
156
Penis
205
Testicle
52
Tongue
160
Ovary
52
Uterus or cervix
52
Vulva or vagina
52
Source: Congressional Research Service, with information from 5 U.S.C. §8107(c) and 20 C.F.R. §10.404(a).
Note: Compensation is equal to two-thirds of the pre-disability wage of a single employee or 75% of the pre-
disability wage of an employee with dependents for the number of weeks indicated.
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Appendix B. Legislative History of FECA
The FECA program has its origins in a law from the late 1800s that covered only the employees
of a federal agency that has long since ceased to exist on its own. The modern FECA system has
its roots in legislation enacted in 1916; many of the basic provisions of this original law, such as
the basic rate of compensation, are still in effect today. Congress passed major amendments to the
1916 legislation in 1949, 1960, 1966, and most recently in 1974. Although these amendments
made significant changes to the FECA program, the basic framework of the program endures as
does the overall intent of Congress through the years to maintain a workers’ compensation system
for federal employees that is in line with the basic principles that have governed workers’
compensation in this country for a century.
Limited Workers’ Compensation for the United States Life Saving
Service and Other Hazardous Federal Occupations
The first workers’ compensation law for federal employees was enacted in 1882 and provided up
to two years of salary to any member of the federal United States Life Saving Service disabled in
the line of duty and two years of salary to his or her survivors in case of a line of duty death.46 In
1908, Congress passed a more comprehensive workers’ compensation law for federal employees
engaged in certain hazardous occupations, such as laborers at federal manufacturing facilities and
arsenals or workers at the construction of the Panama Canal. This law provided workers with up
to one year of salary, after a 15-day waiting period, if disabled due to an employment-related
injury, and provided their survivors with up to a year of salary in case of death.
The 1882 and 1908 federal workers’ compensation laws did not provide universal coverage for all
federal employees. It is estimated that one-fourth of the federal workforce was covered by the
1908 law, and the law was clearly designed only to provide coverage for what were seen to be the
most hazardous jobs in the civil service.47 President Theodore Roosevelt recognized this
shortcoming of the law he would eventually sign. Before the 1908 law’s passage, he called on
Congress to pass a workers’ compensation bill that would cover “all employees injured in the
government service” and stated that the lack of such a comprehensive workers’ compensation law
was “a matter of humiliation to the nation.”48
In addition to only covering a small portion of the federal workforce, the 1882 and 1908 laws did
not provide for medical benefits for disabled workers, and the 1908 law only applied in cases of
disability or death arising from injuries and not illnesses.
The Federal Employees’ Compensation Act of 1916
President Woodrow Wilson signed the Federal Employees’ Compensation Act (P.L. 64-267) into
law on September 7, 1916, and in so doing extended the protections of the modern workers’

46 Act of May 4, 1882, ch. 117, 22 Stat. 55 (1882). In 1915 the United States Life Saving Service was merged with the
Revenue Cutter Service to form the United States Coast Guard.
47 Willis J. Nordlund, “The Federal Employees’ Compensation Act,” Monthly Labor Review, September 1991, p. 5.
48 U.S. Congress, House Committee on Education and Labor, Subcommittee on Safety and Compensation, Amendments
to Federal Employees’ Compensation Act, hearings on H.R. 1196 and other bills to amend the Federal Employees’
Compensation Act, 86th Cong., 2nd sess., February 10, 23, 24 and March 8, 23, 24, 1960 (Washington: GPO, 1960), p.
124.
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compensation system to nearly all federal employees. This original FECA law remains the basis
for the workers’ compensation system for the federal civil service.
The FECA law provided coverage for nearly all civilian employees of the federal government
injured or killed in line of duty. Coverage was not provided for occupational illnesses. The law
provided full medical coverage for covered injuries to be provided by government physicians and
hospitals or private medical services selected by the government. Disability compensation was
provided, after a three-day waiting period, at a rate of two-thirds of the worker’s wage for total
disability, with adjustments for partial disabilities. Disability benefits were subject to minimum
and maximum levels specified in the law and neither benefits nor these levels were subject to any
cost-of-living or other annual adjustments. The survivors of an employee killed on the job were
entitled to cash benefits based on the worker’s wage and were also entitled to a benefit to help
offset funeral costs.
The 1916 legislation created the Federal Employees’ Compensation Commission, with three
members appointed by the President with the advice and consent of the Senate, to administer the
FECA program. Benefit and administrative costs associated with the program were paid out of the
Employees’ Compensation Fund created by the law and financed with permanently authorized
appropriations.
Congressional Intent
Bringing the Federal System in Line with the States
Congress had several clear intentions when drafting the FECA program in 1916. One such
intention was to bring the protections offered to federal employees in line with those being
offered by a majority of the states at the time, with the House Judiciary Committee reporting that
such state laws were “working with most excellent results.”49 In addition, the committee reported
that the schedule of compensation for disability in FECA was “in line with the best precedents
found in State compensation acts,” especially those in Massachusetts, New York, and Ohio.50
Providing Coverage to all Federal Employees
An additional intention of Congress was to provide workers’ compensation coverage to all federal
employees regardless of occupation, thus correcting what was seen as a shortcoming of the 1908
act. The House Judiciary Committee’s report on the 1916 FECA legislation criticizes the limited
coverage of the 1908 law and states
The present law, in denying compensation to an injured employee if his occupation was
not “hazardous” goes counter to the theory on which all compensation acts are based, viz,
that the industry shall bear the burden of injuries caused by it.51
This criticism of the limited coverage provided by the 1908 act, and the intention of the FECA
legislation to correct this shortcoming, was echoed by the FECA legislation’s sponsor in the

49 U.S. Congress, House Committee on the Judiciary, Compensation of Government Employees Suffering Injuries While
on Duty, report to accompany H.R. 15316, 64th Cong., 2nd sess., May 11, 1916, H. Rept. 64-678 (Washington: GPO,
1916), p. 7.
50 Ibid., p. 9.
51 Ibid., p. 8.
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Senate, Senator George Sutherland. Senator Sutherland, in a Senate Judiciary Committee hearing
on the legislation, stated
The theory upon which compensation laws are drawn is that you are to compensate for the
injury, not for the risk that the man ran in bringing about the injury; and under modern
thought there is no logical reason for making distinction between what is hazardous and
non-hazardous employment.52
Senator Sutherland reinforced his point with a rather graphic example stating “the clerk who has
his leg cut off in his work about a store is just as effectively deprived of his leg as if it was cut off
by a machine.”53
Major FECA Amendments
Congress has passed major amendments to the FECA program in 1949, 1960, 1966, and most
recently in 1974. In addition, coverage for occupational illnesses was added to the FECA program
in 1924 by P.L. 68-196.
1949 Amendments
The Federal Employees’ Compensation Act Amendments of 1949 (P.L. 81-357) brought about the
first set of significant changes to the FECA program since its inception in 1916. The 1949
amendments, in the words of the House Committee on Education and Labor, sought to
“modernize and liberalize” the FECA program, which, according to the Senate Committee on
Labor and Public Welfare, provided “only illusory security for most workers or their families.”54
Increased FECA Coverage
The 1949 amendments expanded the scope of workers covered by the FECA program to include
those classified as “officers” of the United States. The amendments also doubled the maximum
disability benefit level, thus providing for a replacement of a larger portion of federal employee
pay.
In addition to better meeting the goal of universal coverage of all employees, the inclusion of
federal government officers was intended to provide FECA protections to previously excluded
employees, such as Foreign Service Officers, who may serve in dangerous overseas areas. The
increase in the maximum benefit level was necessary since, at the time, it was estimated by the
Department of Labor (DOL) that 90% of FECA cases involved workers with wages that were
essentially not covered by the program because of the low maximum benefit level which resulted
in these workers not receiving full benefits.55

52 U.S. Congress, Senate Committee on the Judiciary, Accident Compensation to Government Employees, hearing on S.
2846, 64th Cong., 1st sess., February 26, 1916 (Washington: GPO, 1916), p. 27.
53 Ibid.
54 U.S. Congress, House Committee on Education and Labor, Amendments to Federal Employees’ Compensation Act,
report to accompany H.R. 3141, 81st Cong., 1st sess., June 6, 1949, H. Rept. 81-729 (Washington: GPO, 1949), p. 23;
and U.S. Congress, Senate Labor and Public Welfare, Amendments to Federal Employees’ Compensation Act, report to
accompany H.R. 3141, 81st Cong., 1st sess., August 4, 1949, S.Rept. 81-836 (Washington: GPO, 1949), p. 29.
55 Nordlund, “The Federal Employees’ Compensation Act,” p. 10.
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Increased FECA Benefits
Several provisions of the 1949 amendments effectively increased FECA benefits for workers and
their survivors. The three-day waiting period for FECA disability compensation was eliminated in
cases of disability lasting more than 21 days. A schedule of benefits for permanent partial
disabilities was created for the first time, which permitted partial disability benefits to be paid
without regard to actual impairment or wage loss. The elimination of the waiting period and
creation of a benefits schedule were intended to bring the FECA program in line with state
workers’ compensation programs and the federal Longshore and Harbor Workers’ Compensation
Act program.56
The 1949 amendments provided for augmented compensation, in the amount of 8.33% of a
workers’ pre-disability wage, in cases in which an injured worker had at least one dependent. This
augmented compensation, along with the standard compensation rate of two-thirds of the
workers’ wage, brought the level of FECA benefits for workers with dependents up to the current
level of 75% of the worker’s pre-disability wage. The benefit level for survivors was similarly
increased. The intent of the augmented-compensation provision was to better ensure that disabled
workers and the survivors of workers killed on the job could provide economically for their
dependents. The two-thirds benefit level for dependents was criticized by the House and Senate
committees that reported the bill as “not sufficient as to ensure reasonable economic security to a
family of a deceased worker where there is a large family.”57 Similar concerns over the adequacy
of the two-thirds benefit level were expressed at a House Committee on Education and Labor
hearing on the 1949 amendments.58
Reduced Benefits at Age 70
Although the 1949 amendments generally increased the level of FECA benefits, the amendments
also required the FECA administrator to review the amount of compensation paid to any person
aged 70 or older. The administrator was provided the authority to reduce the amount of such
benefits if it was determined that the worker’s wage-earning capacity had been reduced because
of age, independent of his or her disability. This provision was opposed by several representatives
from federal employee organizations who testified before the House Education and Labor
Committee. They testified that such a provision was inconsistent with the mandatory federal
employee retirement age of 70, in place at the time, and could cause undue hardships to workers
who, because of their disabilities, had not been able to reach their full-earning potential or who
had reduced pensions because of many years of limited or no earnings.59
Provisions for Vocational Rehabilitation
The 1949 amendments permitted the FECA program administrator to send beneficiaries to receive
vocational rehabilitation services at the government’s expense. The amendments also created a

56 The Longshore and Harbor Workers’ Compensation Act Program was created in 1927. For additional information on
the Longshore and Harbor Workers’ Compensation Act, see CRS Report R41506, The Longshore and Harbor
Workers’ Compensation Act (LHWCA): Overview of Workers’ Compensation for Certain Private-Sector Maritime
Workers.
57 H.Rept. 81-279, p. 11; and S.Rept. 81-836, p. 20.
58 U.S. Congress, House Committee on Education and Labor, Special Subcommittee, Federal Employees’
Compensation Act Amendments of 1949, hearing on H.R. 3191 and companion bills, 81st Cong., 1st sess., April 11-13
and May 2, 1949.
59 Ibid.
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special supplemental benefit for workers participating in vocational rehabilitation programs.
These provisions were intended to improve the return-to-work prospects of FECA claimants,
which, it was thought, would ultimately benefit both the employee through a return to earning
wages and the government through a reduction in FECA-benefit costs.60
The Exclusive Remedy Rule
The 1949 amendments established that the FECA program would be the exclusive remedy against
the federal government for federal workers with employment-related injuries, illnesses, and
deaths. This provision prohibited employees from seeking to recover economic or noneconomic
damages from the government for injuries, illnesses, and deaths covered by FECA and brought
the FECA program in line with one of the general principles of workers’ compensation that was
already written into the workers’ compensation laws in the states.
When the FECA program was created, an exclusive remedy rule was seen as unnecessary because
of the general prohibition against suits against the federal government. However, by 1949, three
factors had combined to result in significant numbers of federal employees choosing to bring
lawsuits against the federal government rather than file for FECA benefits. First, after 1916, laws
such as the Federal Tort Claims Act, which permitted some suits against the government, were
enacted. Second, some injuries to federal employees occurred while they worked for government
corporations subject to lawsuits. Finally, because FECA benefits are limited by statute to partial
wage replacement and medical benefits, employees felt that they could secure greater financial
benefits from the courts than from the FECA program.61
1960 Amendments
The Chargeback Process
The Federal Employees’ Compensation Act Amendments of 1960 (P.L. 86-767) created the
chargeback process in which the Secretary of Labor is required to bill each federal agency for the
costs of FECA benefits provided to their employees in the previous fiscal year so that these
agencies may reimburse the Employees’ Compensation Fund. In addition, these amendments
required that government corporations also pay their “fair share” of FECA administrative costs to
the government. The chargeback process was intended by Congress to “further the promotion of
safety” among federal agencies by making the agencies ultimately responsible for the costs of
injuries, illnesses, and deaths of their employees.62
1966 Amendments
The Federal Employees’ Compensation Act Amendments of 1966 (P.L. 89-488) made two
significant changes to the FECA program. These changes continue to be in effect today.

60 H.Rept. 81-279, p. 16; and S.Rept. 81-836, p. 24.
61 H.Rept. 81-279, p. 14; and S.Rept. 81-836, p. 23.
62 U.S. Congress, House Committee on Education and Labor, Federal Employees’ Compensation Act Amendments of
1960, report to accompany H.R. 12383, 86th Cong., 2nd sess., June 2, 1960, H.Rept. 86-1743 (Washington: GPO, 1960),
p. 3; and U.S. Congress, Senate Committee on Labor and Public Welfare, Federal Employees’ Compensation Act
Amendments of 1960, report to accompany H.R. 12383, 86th Cong., 2nd sess., August 27, 1960, S.Rept. 86-1924
(Washington: GPO, 1960), p. 3.
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Use of the GS Scale to Set Minimum and Maximum Benefit Levels
Prior to the enactment of the 1966 amendments, the maximum and minimum levels of FECA
benefits were set by statute and not subject to any automatic adjustments. In 1966, FECA benefits
were still subject to levels enacted as part of the 1949 amendments. According to the Senate
Committee on Labor and Public Welfare, the statutory maximum provided for full benefits for
more than 99% of claimants in 1949, but only 85% of claimants by 1966.63 To address the
difficulty inherent in using statutory changes to keep pace with the growth in federal employees’
wages, the 1966 amendments provide for use of the general schedule (GS) scale as the basis for
the maximum and minimum FECA benefit levels with the maximum level set at 75% of the
highest rate of basic pay at the GS-15 level and the minimum level set at 75% of the lowest rate
of basic pay at the GS-2 level for all beneficiaries, including those without dependents.
Cost-of-Living Adjustment for Benefits
The 1966 amendments provided for an annual cost-of-living adjustment for FECA benefits.64
1974 Amendments
The Federal Employees’ Compensation Act Amendments of 1974 (P.L. 93-416) made three major
changes to the FECA program. These three changes remain key elements of the program today.
Continuation of Pay
The 1974 amendments provided for up to 45 days of continuation of pay from a worker’s
employing agency in cases of traumatic injuries covered by FECA. During this period, an injured
employee may receive his or her full pay rather than FECA compensation. Because continuation
of pay is considered income rather than a benefit, it is subject to the federal income tax and is
reduced by all standard payroll deductions.
Congress felt that 45 days of continuation of pay were needed because of the time it often took
for FECA claims to be processed and compensation benefits to begin. In its report on the 1974
amendments, the Senate Committee on Labor and Public Welfare cited a General Accounting
Office report that stated that the average processing time for FECA claims was between 49 and 70
days, a delay that the committee found “creates economic hardship on the injured employee and
his or her family and causes difficult administrative problems for the Secretary of Labor and the
employing agencies.”65
Employee Choice of Physician
The 1974 amendments authorized employees to select their own treating physicians rather than
use doctors employed or selected by the federal government. The right of employees to have free
choice over who provides their medical care was one of the recommendations of the National

63 U.S. Congress, Senate Committee on Labor and Public Welfare, Federal Employees’ Compensation Act Amendments
of 1966, report to accompany H.R. 10721, 89th Cong., 2nd sess., June 16, 1966, S.Rept. 89-1285, p. 3.
64 The current cost-of-living adjustment is made each year on March 1 and is based on changes in the Consumer Price
Index for Urban Wage Earners and Clerical Workers (all items-United States city average) as measured in December of
each year.
65 U.S. Congress, Senate Committee on Labor and Public Welfare, Federal Employees’ Compensation Act of 1970,
report to accompany H.R. 13871, 93rd Cong., 2nd sess., August 8, 1974, S.Rept. 93-1081 (Washington: GPO, 1974), pp.
3-4; and U.S. General Accounting Office, Need for a Faster Way to Pay Compensation Claims to Disabled Federal
Employees, B-157593, November 21, 1973, p. 1.
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Commission on State Workmen’s Compensation Laws in 1972; this provision brought the FECA
program in line with that recommendation as well as with some other workers’ compensation
systems.
Elimination of Reduced Benefits After Age 70
The 1974 amendments removed the provision, enacted as part of the 1949 amendments, requiring
that FECA benefits be reviewed and permitting FECA benefits to be reduced after a claimant
reached the age of 70 to account for the reduced earning capacity that may come with age
independent of any disability. In its report on the 1974 amendments, the Senate Committee on
Labor and Public Welfare provided the following justification for eliminating the reduced benefit
provision:
The Committee finds that such a review places an unnecessary burden on both the
employees receiving compensation and the Secretary. Further, the fact that an employee
reaches 70 has no bearing on his or her entitlement to benefits and is considered
discriminatory in the Committee’s opinion.66
Change to the FECA Waiting Period for Postal Employees
Section 901 of the Postal Accountability and Enhancement Act (P.L. 109-435) changed the way
the FECA three-day waiting period for compensation is applied to employees of the USPS. This
provision requires that postal employees satisfy the three-day waiting period before the
continuation of pay period can begin. All other federal employees continue to serve the three-day
waiting period after the conclusion of the continuation of pay period and before FECA
compensation benefits begin.
This provision was based on a recommendation of the President’s Commission on the USPS. The
commission’s recommendation was part of a larger package of FECA reforms for postal
employees intended to reduce the USPS’s workers’ compensation costs. Because of what the
commission termed the “unique businesslike charter” of the Postal Service, the commission
recommended that the service’s workers’ compensation system become more in line with the
state workers’ compensation systems that provide coverage for most private-sector businesses.67
Death Gratuity for Federal Employees Killed While Serving Alongside the
Armed Forces
American military operations in Iraq and Afghanistan have been supported by an unprecedented
number of civilian employees, some of whom are serving in hostile areas alongside the Armed
Forces. These deployed civilian employees are covered by FECA, but concerns have been raised
about the adequacy of FECA benefits for those injured or killed while serving in areas of combat,

66 S.Rept. 93-1081, p. 7.
67 President’s Commission on the United States Postal Service, Embracing the Future: Making the Tough Choices to
Preserve Universal Mail Service, Report of the President’s Commission on the United States Postal Service, July 31,
2003, p. 134.
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especially when compared with the benefits available to members of the Armed Forces from the
Departments of Defense and Veterans Affairs.68
Section 1105 of the National Defense Authorization Act for Fiscal Year 2008 (P.L. 110-181)
provides for a death gratuity of up to $100,000 to be paid by the FECA program to the survivors
of any federal employee, or employee of a nonappropriated fund instrumentality, who “dies of
injuries incurred in connection with the employee’s service with an Armed Force in a contingency
operation.” This death gratuity is paid in addition to the regular FECA compensation for
survivors, but is offset by any other death gratuities paid by the federal government.
Presumption of Eligibility for COVID-19 Cases
Section 4016 of the American Rescue Plan Act of 2021 (P.L. 117-2) created a presumption of
eligibility for FECA benefits for federal employees with COVID-19. FECA benefits determined
in accordance with this presumption are time-limited and are scheduled to be terminated on
September 30, 2030, regardless of the disability status of the employee or continued eligibility of
a deceased employee’s survivors.69
Presumption of Eligibility for Federal Firefighters
Section 5305 of the FY2023 NDAA established a list of cancers and other medical conditions
presumed to be employment-related for federal firefighters and authorized the Secretary of Labor
to add conditions to this list through rulemaking.
Section 5305 of the FY2023 NDAA also made the costs associated with the continuation of pay
of an injured worker subject to the subrogation provisions of FECA.70 In addition, Section 5305
required the Secretary of Labor to change the FECA regulations at Title 20, Section 10.121, of the
Code of Federal Regulations to increase the amount of time FECA claimants have to respond to a
request from OWCP for additional evidence from 30 days to 60 days.
Author Information

Scott D. Szymendera

Analyst in Disability Policy

68 See, for example, U.S. Congress, House Committee on Oversight and Government Reform, Subcommittee on
Federal Workforce, Post Office, and the District of Columbia, A Call to Arms: A Review of Benefits for Deployed
Federal Employees, hearing, 111th Cong., 1st sess., September 16, 2009; and U.S. Congress, Senate Committee on
Homeland Security and Governmental Affairs, Subcommittee on Oversight of Government Management, the Federal
Workforce, and the District of Columbia, Deployed Federal Civilians: Advancing Security and Opportunity in
Afghanistan, hearing, 111th Cong., 2nd sess., April 14, 2010.
69 Pursuant to Section 313 of the Congressional Budget Act of 1974, as amended (P.L. 93-344, 2 U.S.C. §644,
commonly referred to as the Byrd rule), a provision that would increase the deficit in any fiscal year beyond the budget
window provided in the budget resolution is considered extraneous and subject to a point of order in the Senate. Thus,
this provision in H.R. 1319, a budget reconciliation bill, limited federal spending to 10 years to comply with this rule.
For additional information on budget reconciliation and the Byrd rule, see CRS Report RL30862, The Budget
Reconciliation Process: The Senate’s “Byrd Rule”.
70 The FECA subrogation provisions at Title 5, Sections 8131-8132, of the U.S. Code require FECA claimants to
attempt to recover damages from any third parties that may have contributed to their injuries and refund to OWCP a
portion of any money or property recovered from a third party.
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This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
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under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
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R42107 · VERSION 36 · UPDATED
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