Workers ’ Compensation condition may worsen if he does return . A permanent aggravation occurs when a condition will persist indefinitely due to the effects of employment related injury or when a condition is materially worsened such that it will not revert to its previous level of severity . An employment related injury or disease qualifies as an acceleration if it hastens the development of an underlying condition , and the acceleration is said to occur when the ordinary course of the disease does not account for the speed with which a condition develops . Finally , a latent condition that would not have manifested itself but for the employment is said to have been precipitated by the factors of employment .
Federal workers ’ compensation law is governed by several sources . The Department of Labor is responsible for administering workers ’ compensation claims for employees of the federal government . The Department of Labor exercises this responsibility through its Office of Workers ’ Compensation Programs (“ OWCP ”), which is responsible for the initial processing of claims , and through the Employees ’ Compensation Appeals Board (“ ECAB ”), which is responsible for appellate review of workers ’ compensation claim decisions by OWCP . The Department of Labor derives its authority and jurisdiction over federal sector workers ’ compensation claims from the Federal Employees ’ Compensation Act (“ FECA ”).
FECA , codified at 5 USC § 8101 et seq ., is a complex statutory scheme that provides for the payment of workers ’ compensation benefits to civilian officers and employees of all branches of the U . S . government and individuals employed by the District of Columbia . FECA provides for the payment of compensation for wage loss and for certain permanent bodily impairments incurred by employees as a result of injury , illness or death sustained while in the performance of their duties . In addition to financial compensation , employees may receive reasonable medical and related services . Like state workers ’ compensation systems , FECA is the exclusive remedy for federal employees who are injured on the job . 5 USC § 8116 ( c ).
Although federal workers ’ compensation law has many similarities to its state counterparts , the role of the injured worker ’ s attorney is quite different . The vast number of injured federal workers either can ’ t afford to hire a federal worker ’ s compensation lawyer or don ’ t see the value in paying a lawyer a retainer . Many potential clients are surprised to discover that the attorney cannot charge a contingency fee and shocked that they have to pay an attorney themselves . In our practice , only one in ten injured federal employees who contact our office retain us for representa-
tion . If federal compensation lawyers were able to charge a contingency fee and have the check mailed to their office , we estimate that the number would be closer to nine in ten .
It is heart-breaking to hear the stories of these workers . Too often , people come to our firm because they tried to appeal their case on their own and now are potentially losing their house because they have gone so long without any kind of a pay check . Often they ultimately borrow money from a relative so that we can help them succeed , but when they receive their back pay that they should have received all along , it is without interest or any kind of penalties . Also , they do not receive attorney ’ s fees back when they win . While the system appears flawed and the workers seem to be at a disadvantage , attorneys concentrating in federal workers ’ compensation cases help them fight for what they deserve . These are people who got hurt doing their job . They should be compensated while they heal and for any permanent injury they suffer . These cases are often easily fixed with the help of an attorney and a doctor , even after denial by a claims examiner , but most people cannot fight alone .
If an injured federal worker contacts your office , you have a few choices . First , you can refer them to a lawyer who handles federal workers ’ compensation , with the caveat , that they will need to pay a retainer ; second , you can handle the case yourself , either with or without a retainer ; or third , you can handle the matter pro bono . If you handle it yourself without a retainer , you may be handling it pro bono anyway for the reasons set forth above . Most importantly , injured federal workers deserve legal representation . If you ever have questions regarding federal compensation , feel free to contact our firm at www . federalcompensation . com .
36 THE VERMONT BAR JOURNAL • SUMMER 2017 www . vtbar . org