3 FAM 3630
WORKERS COMPENSATION PROGRAM
(CT:PER-906; 03-26-2018)
(Office of Origin: HR/EX)
3 FAM 3631 GENERAL INFORMATION
3 FAM 3631.1 Authority
(CT:PER-633; 01-13-2011)
(State Only)
(Applies to Foreign Service and Civil Service Employees, and Eligible Locally
Employed Staff)
Authority is found in 5 U.S.C. 8101 - 8150.
3 FAM 3631.2 Policy
(CT:PER-633; 01-13-2011)
(State Only)
(Applies to Foreign Service and Civil Service Employees, and Eligible Locally
Employed Staff)
a. U.S. Government employees employed by the Department
of State are covered by workers compensation. Under the Federal Employees'
Compensation Act (FECA), workers compensation benefits compensate employees
for loss in wage earnings; medical expenses; loss of life; and physical
impairments or dismemberment from an injury arising out of or in the course of
work. An employee must report any accident or injury immediately to his or her
supervisor and to the posts or bureaus human resources office so that the
necessary paperwork may be completed.
b. The information provided in this subchapter is to
ensure that Department of State employees who sustain a work-related injury or
contract an occupational illness receive guidance on how to properly file a
claim form with the Department of Labor, Office of Workers Compensation
Programs (OWCP).
c. General procedures for processing workers
compensation claims can be found at 3 FAH-1 H-3630.
3 FAM 3631.3 Scope
(CT:PER-633; 01-13-2011)
(State Only)
(Applies to Foreign Service and Civil Service Employees, and Eligible Locally
Employed Staff)
a. A workers compensation claim, if acceptable, may
afford claimant eligibility for reimbursement of medical treatment costs, payment
for lost wages, and schedule awards, if applicable, regardless of other medical
coverage available.
b. Workers compensation benefits are available to
Federal employees in accordance with 5 U.S.C. 8101 - 8150, and are administered
by the Department of Labor, Office of Workers Compensation Programs (OWCP).
c. Compensation is authorized for medical and
rehabilitation expenses, including disease (hereinafter referred to as an
injury), disability, or death resulting from personal injuries sustained in the
performance of duty. The exception to this is where injury or death is caused
by the willful misconduct of an employee or by an employees intention to bring
about the injury or death of self or of another, or when intoxication is the
proximate cause of the injury or death.
d. The Federal Employee Health Benefits (FEHB) plans
apply to medical expenses not deemed compensable under the Federal Employees
Compensation Act. FEHB plans are not liable for medical and hospital costs or
services connected to a work-related injury or illness.
3 FAM 3631.4 Eligibility
(CT:PER-633; 01-13-2011)
(State Only)
(Applies to Foreign Service and Civil Service Employees, and Eligible Locally
Employed Staff)
a. The following employees are eligible for workers
compensation benefits:
(1) Civil Service employees;
(2) Foreign Service employees;
(3) Locally employed (LE) staff on the U.S.
Governments payroll who are not covered under the host-countrys workers
compensation law and who meet the other requirements outlined in 5 U.S.C. 8101
- 8150;
(4) Personal services contractors (PSCs) covered under
the provision of 5 U.S.C. 8101 - 8150; and
(5) Spouse and dependent children entitled to survivor
benefits.
b. A designated, legal personal representative of the
deceased employee is entitled to death gratuity benefits under Public Law
104-208, which cannot exceed $10,000 under this authority, inclusive of certain
other amounts.
c. A designated beneficiary, in compliance with the
Federal Employees' Compensation Act (FECA), may receive up to $100,000 as a
death gratuity benefit if the death of the employee is accepted as a workers
compensation claim under FECA and the death occurred while serving with a
military contingent, such as in a war zone where the military is engaged.
3 FAM 3632 RESPONSIBILITIES
3 FAM 3632.1 Office of Workers
Compensation
(CT:PER-633; 01-13-2011)
(State Only)
(Applies to Foreign Service and Civil Service Employees, and Eligible Locally
Employed Staff)
The Department of Labor's (DOL) Office of Workers' Compensation
Programs (OWCP) administers workers compensation benefits under the Federal
Employees' Compensation Act (FECA), which provide wage replacement benefits,
medical treatment, vocational rehabilitation, schedule awards, and death
benefits to Federal workers or surviving family members who are injured or
killed at work or acquire an occupational disease or illness. For additional
information, refer to The U.S. Department of Labor Home Page.
3 FAM 3632.2 Post Human Resources
Office, Management Officer, Bureau Workers Compensation Coordinator
(CT:PER-906; 03-26-2018)
(State Only)
(Applies to Foreign Service and Civil Service Employees, and Eligible Locally
Employed Staff)
a. Workers compensation claims for Department
personnel abroad are processed by the posts human resources officer (HRO) or
management officer.
b. Claims from the Departments domestic employees are
processed by the bureaus workers compensation coordinator.
c. The bureaus workers' compensation coordinator
located in each bureau's executive office and the HRO or management officer at
post must be responsible for:
(1) Reviewing the forms to ensure that they are
properly completed; and
(2) Providing the employee's mailing address and
telephone number, agency address and contact, fax and telephone numbers, with
the appropriate Department of Labor, Office of Workers Compensation Programs
(OWCP) agency codes to identify the location of domestic claims and all
overseas claims (see 3 FAH-1
H-3636.1, Claims for Compensation).
d. Each bureaus workers compensation coordinator must
monitor claims filed by their employees and review OWCP Chargeback Reports
provided quarterly by the Bureau of Human Resources (HR). This review consists
of verifying employee eligibility for workers compensation benefits and
containing costs by facilitating the employees return to work, reducing
routine workers compensation costs to the Department of State.
3 FAM 3632.3 Officer in Charge
(CT:PER-633; 01-13-2011)
(State Only)
(Applies to Foreign Service and Civil Service Employees, and Eligible Locally
Employed Staff)
If a Department of State facility is not serviced by an
on-site HRO or management officer, the workers compensation paperwork is the
responsibility of the officer in charge.
3 FAM 3632.4 Office of Medical
Services
(CT:PER-895; 01-12-2018)
(State Only)
(Applies to Foreign Service and Civil Service Employees, and Eligible Locally
Employed Staff)
The Bureau of Human Resources establishes policy and
responsibilities of the Return-to-Work program, with the Office of Medical
Services, Occupational Health, Occupational Health Unit (MED/CP/HS/OH),
providing information on the employees capabilities in an effort to return the
employee back to unrestricted full-time duty or an agency arrangement, such as
part-time duty, as a result of medical work restrictions.
3 FAM 3632.5 Embassy Health Unit
(CT:PER-633; 01-13-2011)
(State Only)
(Applies to Foreign Service and Civil Service Employees, and Eligible Locally
Employed Staff)
a. An embassy health unit or other medical facility
abroad is authorized to provide an overseas employee medical treatment when no
hospitalization is required. The purpose and responsibilities of embassy
health units can be found on the Office of Medical Services Web site.
b. The post or bureau executive office authorizes
medical treatment when hospitalization is required. Form CA-16, Authorization
for Examination and/or Treatment, is used for any medical emergency as a result
of a work-related injury, regardless of whether it is for an emergency room,
doctors visit, or hospital care.
3 FAM 3633 MAINTENANCE and DISPOSITION
of RECORDS on INJURY OR ILLNESS
(CT:PER-895; 01-12-2018)
(State Only)
(Applies to Foreign Service and Civil Service Employees, and Eligible Locally
Employed Staff)
a. Medical reports and other forms of documentation
generated because of injury or illness incurred by a domestic employee is
forwarded to the Department of Labor by the workers compensation coordinator.
b. Medical reports and other forms of documentation
generated because of injury or illness incurred by an employee abroad is
forwarded to the Department of Labor by the HRO or management officer at post.
c. Records for ongoing and continuing claims must be
kept for three calendar years after the claim has been closed and no further
payments are being or will be made under that claim:
(1) Bureaus must maintain case files on employees when
domestic claims are filed and forward information copies to the Bureau of Human
Resources, Office of Employee Relations (HR/ER);
(2) Post HROs or management officers must maintain
case files on claimants abroad when claims are filed and transmit claim forms
to HR/ER for transmittal to the Office of Workers Compensation Programs
(OWCP);
(3) HR/ER maintains central files on all claim forms
filed with OWCP from overseas and domestic bureaus; and
(4) MED maintains medical information on claims in
accordance with internal file procedures. MED/CP/HS/OH maintains copies of
exposure case documentation, including Form CA-1, Federal Employees Notice
of Traumatic Injury and Claim for Continuation of Pay/Compensation, or Form CA-2,
Notice of Occupational Disease and Claim for Compensation, which serve to
document exposure to toxins, poisons, fumes, unusual stress/strain/working
conditions, such as PTSD symptoms, that might result in a future claim for
consideration by OWCP. Claim forms must only be forwarded to OWCP when a
written diagnosis of a medical condition exists.
3 FAM 3634 THROUGH 3639 UNASSIGNED