Extends the vocational rehabilitation program under FECA, which now covers injured workers who are totally disabled, to also cover those who are partially disabled.
Authorizes DOL to pay a federal employer the salary of a beneficiary for up to three years as an incentive to hire workers off of the FECA program rolls. Current law permits these payments only to non-federal employers.
Makes compliance with the Return to Work plan developed between the program and the beneficiary a condition of receiving continued benefits (except this condition would not apply to beneficiaries who are over the age of retirement).
Subrogation of Continuation of Pay. FECA states that, when third parties are responsible for employees‘ workplace injuries, DOL may require that employees pursue collection actions and then reimburse the government to cover ―compensation‖ that the employees received.89 (In legal terminology, this is called a right of subrogation.) Alternatively, DOL may require that employees assign to the government their collection rights against third parties. However, judicial and administrative decisions have held that continuation of pay received by employees during the first 45 days after an occupational injury is not considered ―compensation‖ and is therefore not covered under the FECA provision granting subrogation rights to DOL.
GAO recommended that Congress amend FECA‘s subrogation provision to cover continuation of pay. Both the current Administration and previous Administration have proposed such an amendment, and the Committee has included this change in section 311 of the bill.
Waiting Period. Since minor workplace injuries often heal very quickly, state workers‘ compensation programs generally impose a brief waiting period before providing compensation, in order to avoid minor or frivolous claims. FECA has a three-day waiting period for postal employees, but for non-postal workers the waiting period comes after the end of the 45-day continuation-of-pay period, during which the individual continues to receive salary while a FECA claim is being processed.90
Both the current Administration and the previous Administration proposed to establish a uniform up-front waiting period for all FECA claimants, postal and non-postal, and section 308 of the bill includes a mandatory, up-front three-day waiting period.91 As under current law governing postal employees, 92 the injured non-postal employee may receive FECA compensation for those three days if the period of disability exceeds 14 days.
Extends the vocational rehabilitation program under FECA, which now covers injured workers who are totally disabled, to also cover those who are partially disabled. Authorizes DOL to pay a federal employer the salary of a beneficiary for up to three years as an incentive to hire workers off of the FECA program rolls. Current law permits these payments only to non-federal employers. Makes compliance with the Return to Work plan developed between the program and the beneficiary a condition of receiving continued benefits (except this condition would not apply to beneficiaries who are over the age of retirement).Subrogation of Continuation of Pay. FECA states that, when third parties are responsible for employees‘ workplace injuries, DOL may require that employees pursue collection actions and then reimburse the government to cover ―compensation‖ that the employees received.89 (In legal terminology, this is called a right of subrogation.) Alternatively, DOL may require that employees assign to the government their collection rights against third parties. However, judicial and administrative decisions have held that continuation of pay received by employees during the first 45 days after an occupational injury is not considered ―compensation‖ and is therefore not covered under the FECA provision granting subrogation rights to DOL.GAO recommended that Congress amend FECA‘s subrogation provision to cover continuation of pay. Both the current Administration and previous Administration have proposed such an amendment, and the Committee has included this change in section 311 of the bill.Waiting Period. Since minor workplace injuries often heal very quickly, state workers‘ compensation programs generally impose a brief waiting period before providing compensation, in order to avoid minor or frivolous claims. FECA has a three-day waiting period for postal employees, but for non-postal workers the waiting period comes after the end of the 45-day continuation-of-pay period, during which the individual continues to receive salary while a FECA claim is being processed.90Both the current Administration and the previous Administration proposed to establish a uniform up-front waiting period for all FECA claimants, postal and non-postal, and section 308 of the bill includes a mandatory, up-front three-day waiting period.91 As under current law governing postal employees, 92 the injured non-postal employee may receive FECA compensation for those three days if the period of disability exceeds 14 days.
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