What Should Federal Employees Know About Returning to Work After Receiving Workers’ Compensation Benefits?

Are you ready to return to work after receiving federal workers’ compensation? The right to reclaim your job post-recovery may activate when your compensation ceases because medical assessments confirm you have recovered from the lingering impairments of your injury, allowing you to resume your previous role without restriction.

But not every workplace injury ends with making a full recovery. The right to work reintegration depends on the timeframe and your level of recovery.

  • Full recovery within a year: If you fully recover within one year, you are generally entitled to return to your previous job or a similar one. If no suitable job is available in your former commuting area, the right extends across the entire agency.
  • Full recovery after a year: If you recover fully after a year has passed, you get priority consideration for your old job or a similar one if you apply within 30 days of your compensation ending. Priority consideration means you’re placed on a list for reemployment, but placement is not guaranteed. If a position isn’t available in the old commuting area, you must be considered for similar roles elsewhere in the agency.
  • Physically disqualified: If you can’t return to your former job due to physical limitations but can work in another capacity, you’re deemed physically disqualified. Within the first year, you may be entitled to a job that aligns as closely as possible with your previous seniority, status, and pay, if one is available. Beyond one year, you have the same rights as a partially recovered employee.
  • Partially recovered: This term applies to you if you haven’t fully recovered but can still work to some extent. Your agency must do its best to find a suitable position, although there’s no guaranteed right to restoration. If you decline a job offer deemed appropriate by the Office of Workers’ Compensation Programs (OWCP), your compensation may be terminated. If you’re restored at a lower pay level, OWCP may provide partial wage-loss compensation, depending on specific factors. If you later fully recover, you have the same rights as a fully recovered employee.

Disability Retirement and Federal Workers’ Compensation

Disability retirement and federal workers’ compensation are administered by two separate entities: the Office of Personnel Management (OPM) and the OWCP. Disability retirement is paid out regardless of how the injury or illness occurred. On the other hand, workers’ compensation only applies to work-related injuries or illnesses. This means qualifying for one does not guarantee eligibility for the other.

If you’re considering applying for workers’ compensation, it’s wise to apply for disability retirement benefits at the same time. Federal Employees Retirement System (FERS) employees must also apply for Social Security disability benefits.

If you’re eligible for both workers’ compensation and disability retirement benefits, you’ll have to choose one or the other. If OPM grants your disability retirement application before OWCP determines your workers’ compensation eligibility, OPM will initiate annuity payments. However, transitioning between these benefits involves coordination, and repayment requirements may apply. You may later accept workers’ compensation benefits instead, but you’ll need to repay any annuities you received.

Choosing disability retirement over workers’ compensation grants you certain reemployment rights once you’ve recovered from your job-related injury. To maintain these rights, you must seek restoration promptly after recovering.

Note that not all work-related injuries or disabilities necessitate leaving your job. Short-term cases can often be managed by receiving workers’ compensation while on leave without pay (LWOP). The time spent on LWOP can then be credited toward your service time when you retire. However, unlike standard LWOP, time on workers’ compensation isn’t capped at six months per year for service credit purposes.

Know Your Rights to Appeal

If you’re entitled to job restoration or priority consideration once you recover from your injury, you can appeal to the Merit Systems Protection Board in several scenarios:

  • If you recover within a year or are no longer physically qualified, you can appeal if your agency doesn’t restore you properly.
  • If recovery takes longer than a year, you can appeal if the agency doesn’t add you to the reemployment priority list, doesn’t reemploy you from that list, or doesn’t place you in an equivalent position.
  • If you partially recover, you can challenge your employer’s decision not to rehire you by proving the decision was unreasonable. This process can be complex, so seeking legal guidance may be beneficial. Even if you are rehired, you can contest your employer if they refuse to acknowledge the period for which you were compensated when determining your eligibility for benefits related to your length of employment.

Before Returning to Work After an Injury, Call Aumiller Lomax

As federal workers’ compensation lawyers with a nationwide reach, Aumiller Lomax is equipped to represent your case in the best light, offering a quality approach that reflects our experience and dedication. Our team works exclusively with injured federal workers and provides knowledgeable guidance to help you file your claim, receive the benefits you deserve in the FECA system, and return to work when you’re ready. We simplify the process by offering a free consultation and no upfront fees. Contact us today at 856-751-0440 to speak with a federal workers’ compensation lawyer committed to protecting your rights.