[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR10.100]



[Page 18]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                      CHAPTER I--OFFICE OF WORKERS'

                         COMPENSATION PROGRAMS,

                           DEPARTMENT OF LABOR

 

PART 10_CLAIMS FOR COMPENSATION UNDER THE FEDERAL EMPLOYEES' COMPENSATION 

ACT, AS AMENDED--Table of Contents

 

        Subpart B_Filing Notices and Claims; Submitting Evidence

 

Sec.  10.100  How and when is a notice of traumatic injury filed?



     Notices and Claims for Injury, Disease, and Death--Employee or 

                           Survivor's Actions





    (a) To claim benefits under the FECA, an employee who sustains a 

work-related traumatic injury must give notice of the injury in writing 

on Form CA-1, which may be obtained from the employer or from the 

Internet at www.dol.gov./dol/esa/owcp.htm. The employee must forward 

this notice to the employer. Another person, including the employer, may 

give notice of injury on the employee's behalf. The person submitting a 

notice shall include the Social Security Number (SSN) of the injured 

employee.

    (b) For injuries sustained on or after September 7, 1974, a notice 

of injury must be filed within three years of the injury. (The form 

contains the necessary words of claim.) The requirements for filing 

notice are further described in 5 U.S.C. 8119. Also see Sec.  10.205 

concerning time requirements for filing claims for continuation of pay.

    (1) If the claim is not filed within three years, compensation may 

still be allowed if notice of injury was given within 30 days or the 

employer had actual knowledge of the injury or death within 30 days 

after occurrence. This knowledge may consist of written records or 

verbal notification. An entry into an employee's medical record may also 

satisfy this requirement if it is sufficient to place the employer on 

notice of a possible work-related injury or disease.

    (2) OWCP may excuse failure to comply with the three-year time 

requirement because of truly exceptional circumstances (for example, 

being held prisoner of war).

    (3) The claimant may withdraw his or her claim (but not the notice 

of injury) by so requesting in writing to OWCP at any time before OWCP 

determines eligibility for benefits. Any continuation of pay (COP) 

granted to an employee after a claim is withdrawn must be charged to 

sick or annual leave, or considered an overpayment of pay consistent 

with 5 U.S.C. 5584, at the employee's option.

    (c) However, in cases of latent disability, the time for filing 

claim does not begin to run until the employee has a compensable 

disability and is aware, or reasonably should have been aware, of the 

causal relationship between the disability and the employment (see 5 

U.S.C. 8122(b)).