- Updated January 28, 2023 -

COVID-19 and Federal Workers’ Compensation

The Office of Workers’ Compensation has updated its procedures to provide that claims for COVID-19 diagnosed after January 27, 2023 must establish the five basic elements for adjudication as set forth under the Federal Employees’ Compensation Act (FECA) as follows:

1. The claim was filed within the time limits set by the FECA;

2. The injured worker was an employee within the meaning of the FECA;

3. The claimant provided evidence

a. Of a diagnosis of COVID-19, and

b. That establishes they actually experienced the event(s) or employment factor(s) alleged to have occurred.

4. The alleged event(s) or employment factor(s) occurred while the employee was in the performance of duty; and

5. The COVID-19 is found by a physician to be causally related to the established event(s) or employment factor(s) within the employee’s Federal employment. Neither the fact that the condition manifests itself during a period of Federal employment, nor the belief of the claimant that factors of employment caused or aggravated the condition, is sufficient in itself to establish causal relationship.

Claims for COVID-19 diagnosed after January 27, 2023 should generally be filed on Form CA-2, Notice of Occupational Disease. This is because in most cases there is no clear, identifiable incident or incidents over a single day or work shift to which the injured worker can specifically attribute the event alleged to have caused the diagnosed COVID-19.

A Form CA-1, Notice of Traumatic Injury, should only be used if the event alleged to have caused the diagnosed COVID-19 clearly identifiable as to time and place of occurrence. This must be a specific event or incident or series of events or incidents during a single day or work shift. If there is no clear, identifiable incident or incidents over a single work day or work shift to which the COVID-19 diagnosis is attributed, then a Form CA-2 should be used.

Important Notes:

In preparation for filing your claim, you should view instructional videos to learn how to register for an ECOMP account and verify your identity in ECOMP. You can view this instructional video to learn how to file a COVID-19 claim.

To establish a COVID-19 claim while employed in the Federal service at any time during the period of January 27, 2020 to January 27, 2023, you would need to establish that:

  • You were diagnosed with COVID-19 via a positive test result (excluding home tests) or medical professional; and
  • Within 21 days of your diagnosis of COVID-19, you carried out duties that required contact with patients, members of the public, or co-workers.