CCA’s - When You Get Injured on the Job
ATTENTION ALL CARRIERS THAT HAVE FILED A CLAIM TO OWCP. Once you receive a Development Letter, YOU MUST CONTACT ME IMMEDIATELY. Call 631-789-1616 so we can review your claim to determine what you need to do in order to help get your case approved. Failure to contact me could result in your claim being denied.
As a Federal Employee, you are protected under Federal Employees’ Compensation Act (FECA), which provides benefits for Federal Employees who are injured on duty. The Office of Workers’ Compensation Program (OWCP) administers the FECA and has sole authority to award benefits. The FECA provides the right to medical care and wage – loss compensation for accepted injuries. The Postal Service has no obligation to inform you about your rights under FECA until after a job – related injury. The NALC wants you to be aware of your rights now so that you will be prepared to exercise them in the future when needed.
The FECA grants an injured worker the right to choose his or her own doctor, and provides payment for all medical treatment that is necessary due to an accepted injury.
When you report a traumatic injury, such as a slip, trip or fall resulting in requiring medical attention, the Postal Service must provide you with a CA-1, Notice of Traumatic injury, and a CA-16, Authorization for Examination and or Treatment. You fill out the front side of the CA-1. The form asks for personal data as well as information regarding the nature of the injury. Towards the bottom of form CA-1 You will see a box to check for either Continuation of Pay (COP) or use your sick / annual leave. As a CCA, you do not earn sick leave and may not have enough annual leave to cover the absence. COP keeps you paid for paid for up to 45 calendar days of absence from work due to disability or medical appointments. There is a three (3) day waiting period for payment of COP; however, you can use annual leave you have accrued to cover all or a portion of those days.
FECA gives you the right to select your own physician of your choice. The Postal Service Representatives may tell you that they are going to take or send you to “their” doctor’s office. You may be required to be examined by their doctor, but you are not required to be treated by their doctor.
Your claim will not be accepted if you are not treated by a physician. Most walk-in medical clinics are staffed by physician assistants or nurse practitioners which OWCP will not accept their diagnosis. Getting medical care from a qualified physician is an essential first step in the OWCP process.
Along with the CA-1, injured workers should receive a CA-16 from their supervisor prior to being treated. Form CA-16 is the form used in traumatic injuries to:
1) Authorize medical treatment
2) Provide an initial medical report. The front of the CA-16 is completed and signed by management and guarantees payment by OWCP to the medical provider.
This permits injured workers from having any out of pocket expenses for an on the job injury.
The reverse side of the CA-16 is filled out by the treating physician, ensuring that OWCP immediately receives and reviews an initial medical report.
Submission of accurate, timely medical reports to OWCP is vital in getting your claim accepted and your medical bills and wage-loss compensation paid. In far too many cases, postal management does not issue a CA-16 or fails to complete the form properly. When OWCP receives the initial medical report late or not at all which results in delay of acceptance of claims, or even denial of claims.
CCA’s should not feel intimidated in exercising their rights when injured on the job. Report any injury immediately to your supervisor and demand a CA-1 and CA-16 if you need medical attention. Postal Managers are required to have the forms on hand and can easily download them from their computers on the postal network.
When you sign and submit a completed CA-1 to your supervisor, he or she is required to sign the receipt portion of the form and give it back to you. This is important because the signed receipt will protect you in the event that OWCP later questions whether your claim of injury was timely submitted. You should let your shop steward know if your supervisor fails to sign and provide you with the CA-1 request.
In addition to the CA-1 receipt, the Postal Service is required to provide you with a complete copy of the CA-1 after they complete the reverse side. The Code of Federal Regulation (CFR) in Section 20 CFR §10.110 What should the employer do when an employee files a notice of traumatic injury or occupational disease?
(a) The employer shall complete the agency portion of Form CA-1 (for traumatic injury) or CA-2 (for occupational disease) no more than 10 working days after receipt of notice from the employee. The employer shall also complete the Receipt of Notice and give it to the employee, along with copies of both sides of Form CA-1 or Form CA-2.
It is important that you review management’s portion of the form for accuracy. Discrepancies in factual data can cause delays in claim approval.
Protect yourself and take the time to review and ensure that all forms are accurate. Always make copies of completed forms, CA-1 and CA-16, as well as accident and medical reports. Keeping an up to date file of injury –related documents will be helpful in establishing your claim and assist us in helping you.
The branch has supplied all shop stewards with a document called the “Injured Carrier Checklist” for you to use, to prevent your claim from being delayed and eventually accepted.
See your shop steward or call me at the union office if you need guidance.
Due to this article is the November and December issue I would like to take this opportunity to thank all the veterans out there for their service for Veterans Day. Have a Happy Thanksgiving and I wish you all a Healthy and Happy Holiday Season.
