Injuries caused by third-party incidents, such as car accidents, are considered occupational injuries under the OWCP and are eligible for coverage under federal workers’ compensation. However, it is unfortunately common for federal employees to handle these accidents as standard personal injury cases. Many mistakenly seek out a personal injury lawyer and pursue legal action against the other driver’s insurance. This is a critical error that federal employees should avoid when involved in a car accident while on the job.
It is crucial to avoid contacting a personal injury (PI) lawyer if you are a federal employee injured in a car accident. PI lawyers often lack understanding of the OWCP rules and may treat your claim like any other personal injury case. This can result in denial of your OWCP injury claim. While you may eventually receive a settlement from the third party involved in the accident, a significant portion of it will go towards paying the doctor and lawyer fees. As a result, you may receive little compensation, and worst of all, you will not be entitled to lifetime medical benefits, reimbursement for time off work, out-of-pocket expenses, or a schedule award. In addition, if your condition worsens in the future, you will have nowhere to turn for coverage except your personal health insurance, which means you will have to pay copays and deductibles out of your own pocket.
A more appropriate course of action is to engage a federal OWCP lawyer to handle your third-party claim and ensure that you receive all the benefits entitled to you for your OWCP injury. According to 5 USC 8131, federal employees who sustain injuries in the line of duty due to a third-party may be required to pursue compensation from the third-party. Your agency is likely to send you a letter informing you of this responsibility, and it can work to your advantage.
By taking this approach, you can receive at least 20% of any settlement, after legal fees, and have 100% coverage for all your medical bills through your OWCP injury claim approval. You will not have to personally bear the burden of paying these bills. Additionally, you may be eligible for reimbursement of time off work, and in the future, you could potentially qualify for a schedule award, which would mean more money in your pocket.
Having a skilled federal lawyer and a qualified OWCP injury doctor working together can have a significant impact on your case.
