To establish a COVID-19 claim for the period of January 27, 2020, to January 27, 2023, while employed in the Federal service, you would need to provide evidence of the following:
- Diagnosis of COVID-19 through a positive test result (excluding home tests) or confirmation from a medical professional.
- Performance of duties within 21 days of the COVID-19 diagnosis that required contact with patients, members of the public, or co-workers.
The updated procedures for COVID-19 compensation under the Office of Workers’ Compensation Programs (OWCP) require that claims filed for COVID-19 diagnosed after January 27, 2023, must establish the following five elements for adjudication in accordance with the Federal Employees’ Compensation Act (FECA):
- Timely filing of the claim within the FECA’s set time limits.
- Verification that the injured worker was an employee as defined by the FECA.
- Provision of evidence that includes a diagnosis of COVID-19 and establishes that the claimant experienced the alleged event(s) or employment factor(s).
- Confirmation that the alleged event(s) or employment factor(s) occurred while the employee was performing their duty.
- Medical determination by a physician that the COVID-19 diagnosis is causally related to the established event(s) or employment factor(s) within the employee’s federal employment. Merely manifesting during a period of federal employment or the claimant’s belief of employment-related causation or aggravation is not sufficient to establish causal relationship on its own.
Our experienced staff can help you navigate the process of establishing a claim for COVID-19 related injuries.
