Workers' Compensation Benefits & Returning to Work

Workers' Compensation Information Center

Can I Recover Workers' Compensation Benefits if I Work for a Government Employer?

Workers' compensation benefits are usually the exclusive remedy for workers injured on the job. But is that still true if you are a public employee? If you or a loved one has been injured or killed on the job as a public servant, you should consult an experienced workers' compensation attorney to determine your rights under the workers' compensation laws.

State and Local Employees

Whether a state or municipal employee is covered by the state's workers' compensation statutes depends on the specific provisions of each state's laws. In general, state workers' compensation statutes specifically set forth which types of public employees are eligible to receive benefits under the state system and which types of public employees are not.

Many state statutes prohibit payment of workers' compensation benefits to officials or sometimes to officers of the state. However, who is considered an official or officer can often be questionable. As a general rule of thumb, if an individual exercises some portion of the state's sovereign power, is an agent of the state, acts independently rather than under supervision or makes important public policy decisions, he or she will be considered an official or officer and therefore ineligible to collect workers' compensation benefits.

A common issue arises regarding the right or ability of police officers and firefighters to recover workers' compensation benefits. These individuals do not fit squarely into the definition of an employee nor can they be considered officials. Many state statutes, in recognition of this issue, have specific provisions to clarify whether workers' compensation benefits, rules and requirements will or will not apply to these individuals.

In order to determine whether a particular state or municipal employee is covered by the state's workers' compensation scheme, an attorney should be consulted to carefully examine the particular state's laws.

Federal Employees

In general, employees of the federal government do not receive workers' compensation benefits under state systems. Instead, almost all federal employees can seek to recover benefits for work-related injuries under a special federal workers' compensation system.

The Federal Employee's Compensation Act (FECA) controls the rights of most federal civilian employees to obtain workers' compensation benefits. FECA provisions are administered by the Office of Workers' Compensation Programs (OWCA) within the federal Department of Labor (DOL).

FECA allows for the recovery of benefits when a federal employee is either disabled or killed as a result of an injury "sustained while in the performance of his [or her] duty." 5 USCA § 8102. FECA is similar to many state workers' compensation systems in that it prohibits benefits when the injury is the result of willful misconduct, of the employee's intent to injure or kill himself or herself or another, or of the employee's intoxication.

Conclusion

Whether a public employee falls under the protection of his or her applicable state or federal workers' compensation law will depend on the nature of the employment, a close examination of the facts of the particular case and the particular provisions of the law in question. Therefore, if you are a public servant it is advisable to discuss the laws that might govern your workers' compensation claim with an experienced workers' compensation attorney.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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