The U.S. Congress is working on a bill that will make it more difficult for federal employees to take advantage of the system for workers’ compensation claims.
The Federal Workers’ Compensation Modernization and Improvement Act passed the House in November. It is the first time the laws have been overhauled in about 40 years.
The new law would empower the Labor Department to identify those federal employees who work somewhere else illegally while drawing federal workers’ compensation. Social Security Administration earnings data will help the Labor Department see who is “double dipping”.
The big winners in this bill might be federal workers in rural areas who might not have the same access to medical care as their counterparts in urban areas. The new law would allow advanced practice nurses and physician assistants to certify that somebody has been disabled. This provision may help speed up the process for some beneficiaries, according to the Federal Times.
The new law also may streamline claims processes for federal workers who are injured in a combat zone. Injuries and illness caused by terrorist attacks also would be covered as a war risk, according to the Times.
“This legislation will help ensure federal employees have access to a program that reflects the realities of today’s economy and the best practices in medical care,” said Rep. Tim Walberg, R-Mich., who co-sponsored the bill.
In addition to speeding up some claims and cutting down on fraud, the new legislation would expand benefits for federal workers who were killed or severely injured in the line of duty. Survivors would be able to claim up to $6,000 for funeral expenses if the federal employee dies from on-the-job injuries. If an employee is severely disfigured (in the face, head or neck) while on duty, then he or she could be due up to $50,000.
The House bill differs from a Senate bill proposed almost a year ago. The Senate’s version required federal employees and postal employees on workers’ compensation to retire at age 65. The House and Senate bills each have their own unique factors where they think a federal worker’s compensation plan will not discourage the employee from rehabilitation and an eventual return to the workforce. The eventual legislation also must grapple with what to do with employees already on workers’ compensation.
The House is considering legislation that would remove the postal service from the Federal Employees Compensation Act and create a new program for them that would have its own specific guidelines.
Robert Briskman is a Chicago workers’ compensation attorney and Chicago workers’ compensation lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.
