Workers' Compensation for Public Employees

If you’re a public employee working for the government, you’re subject to separate workers’ compensation rules. Federal law governs federal employees. State or local employees are subject to the same state regulations as private workers or a special state statute. Some occupations, like railroad workers and seamen, have separate regulations.

The workers’ compensation system helps workers who get hurt on the job. It’s different for federal employees, special occupations, and state and local workers. But the goal is the same. It’s about supporting injured workers as they recover and ensuring they have financial help while they’re unable to work.

This article explains how the workers’ compensation system helps different types of public employees. You’ll learn how workers’ comp rules apply to public federal, state, and local employees, and your rights to medical care, wage replacement, and other benefits after a work-related injury

Experienced workers’ comp attorneys in your state can also help if you have questions or need to file a claim.

Federal Employees and Workers’ Compensation

Unique workers’ comp rules cover federal employees. If an injured employee working for the federal government has a workplace injury, the U.S. Department of Labor (DOL) steps in to help. The injured worker can get medical treatment and disability benefits while they are unable to work.

Federal employees have different programs for federal workers’ compensation benefits. The Federal Employee’s Compensation Act (FECA) is an important relevant law. This Act allows recovery of benefits when a federal employee is either disabled or killed as a result of an injury or disease on the job. FECA is available to federal employees regardless of the time on the job or the type of position.

Benefits include medical expenses and compensation for wage loss. Vocational rehabilitation services are also offered to partially disabled employees. The Office of Workers’ Compensation Programs (OWCP) manages federal benefits. The benefits come out of the Employees’ Compensation Fund.

There are special compensation payments for permanent total disability and permanent partial disability. If the work injury is severe and leads to death, the dependents of the worker can get death benefits. These concepts are the same across the country because of federal law.

Special Occupations and Workers’ Compensation

Some jobs have special rules for workers’ compensation. For example, firefighters and police officers may have different benefits. Sometimes, an occupational disease or job-related health problem will have different rules. For example, a firefighter might get different benefits for lung problems.

These special rules can include additional medical benefits. It can also include wage replacement based on their average weekly wage. Workers’ comp can also provide retraining if the injured worker can’t return to their previous job.

Special types of employees may bring claims for federal workers’ compensation benefits. For example, the Federal Employer’s Liability Act (FELA) gives special protections. FELA provides recovery for employees in interstate transportation, such as railroad workers.

The Jones Act gives similar protections for seamen. The Longshore and Harbor Workers’ Compensation Act gives similar benefits to longshoremen. It also covers others engaged in maritime activities on navigable waters.

Other laws that play a role in the compensation of employees include:

• The Outer Continental Shelf Lands Act
• The Death on the High Seas Act
• The Defense Base Act (for employees working on military bases or public works projects outside the U.S.)

State and Local Employees

State law covers state and local employees. These laws differ in each state. The rules usually include:

• Medical care
• Temporary total disability benefits
• Other help for work injury or job injuries

If a state or local worker gets a permanent disability, they may get a lump sum payment. They could also get other permanent disability benefits through disability payments.

Some states also include support like utilization reviews. This helps ensure the medical treatment is right. A treating physician may help decide what type of work the injured worker can do later.

State workers’ compensation statutes determine whether state or local government employees are covered. The easiest way to learn the details of your coverage is to look for the mandatory workers’ compensation poster at your workplace. Most states require these to be posted in an employee common area.

Here are samples from California and Texas. The sign details your coverage and provides contact information for questions and filing a claim. If you’re unable to locate the poster, contact your employer.

If your state employs you, contact your state’s human resources or employee management department. In California, for example, you would contact the California Department of Human Resources. In Florida, the Department of Management Services regulates state employee benefits.

The same principle applies if your employer is the local county or city government. Contact the human resources department. Or contact the legal department. If you’re a labor union member, contact your union representative.

Most state statutes prohibit workers’ compensation benefits payments to state officials. Generally, if a person exercises the state’s power, they are an official. They are ineligible to collect state workers’ compensation benefits.

If you are a police officer or firefighter, many states have specific statutes for you. These statutes may also apply to uniformed sanitation workers. Many states have separate provisions for these types of employees. These provisions clarify which workers’ compensation benefits and requirements apply to these workers.

Legal Help for Public Employees

Understanding workers’ compensation law can be challenging. You may be curious about factors like earning capacity and medical bills. Or you may wonder whether part-time or independent contractors get the same help. Some injured workers choose to work with a lawyer with expertise in workers’ compensation cases for help navigating the process.

How Can a Lawyer Help With My Workers’ Comp Claim?

Sometimes, an injured worker may need legal help securing the right benefits. An experienced lawyer can:

• Check your eligibility for workers’ compensation claims and coverage
• Investigate reimbursement for expenses
• Speak directly with your employer 
• Submit written notices to the insurance company
• Advocate for maximum financial support
• Communicate with health care providers or medical providers to help facilitate care
• Help you understand how a medical condition fits in with the labor code or issues with impairment

These lawyers can also help with Social Security disability claims.

A local attorney can review your case, explain the law, and help you decide what to do next. FindLaw’s directory of workers’ comp attorneys can connect you with qualified legal help in your area. Select your state or city to review contact and ratings information for local experts. Your search results will also link you to additional details about the attorneys’ experience securing workers’ comp benefits for public employees.