If you are an employee of the federal government and have a workers’ compensation claim pending or a claim that needs to be filed, you are undoubtedly frustrated, worried, and wondering what to do next in light of the current state of affairs of the federal government. Below is a summary of the major workers’ compensation programs administered by the federal government and the status of them during the government shutdown. If you or a loved one is a federal employee and has recently suffered an injury related to your employment, please contact our office today to discuss your options during the shutdown, as well as your rights and options after the shutdown. You can reach Barrett Law PLLC at (800) 707-9577. We understand the fear and uncertainty you are likely facing during this time, both as a result of your injury and the delay that you may be facing in the processing of your claim, and we are here to help you.
Two key government agencies—the United States Department of Labor and the Centers for Medicare/Medicaid Services—are responsible for administering workers compensation claims for federal employees under various workers’ compensation programs.
The United States Department of Labor administers, through the Office of Workers’ Compensation Programs, Division of Federal Employees’ Compensation, the Federal Employees’ Compensation Act. The Division of Federal Employees’ Compensation is partially operational during the government shutdown. It will continue to process new claims and administer existing claims.
The United States Department of Labor also administers, through two of its extensions, the Longshore and Harbor Workers’ Compensation Act. These two extensions include the Office of Workers’ Compensation Programs and the Office of Administrative Law Judges. Each of these Offices is closed, and no hearings, filings, or similar actions will occur during the government shutdown. Because of the closure of each of these offices, Stephen L. Purcell, Chief Administrative Law Judge, issued an extension of filing and related deadlines. The new due dates for any activity is to be calculated by adding the number of days the government is shut down to the original due date. Additionally, it is expected that delays in processing claims, conducting hearings, etc., will occur after the government shutdown is over, due to the accumulation of backlogged cases.
The United States Department of Labor, through the Office of Workers’ Compensation Programs, is also responsible for administration of the Energy Employees Occupational Illness Compensation Program. All division offices administering this program remain open during the government shutdown.
Finally, the United States Department of Labor, Division of Coal Mine Workers’ Compensation, is an extension that is responsible for the administration of the Black Lung Benefits Act. The Division of Coal Mine Workers’ Compensation, is providing limited services only during the government shutdown.
The Centers for Medicare/Medicaid Services and its extensions are partially operational. The Workers’ Compensation Review Contractor, which reviews Medicare Set-Aside claims, remains open during the government shutdown. However, because regional offices of the Centers for Medicare/Medicaid Services are themselves closed, delays in processing final approval of Medicare Set-Asides will occur. The Medicare Secondary Payer Recovery Contractor, which is responsible for recovering conditional payments for Medicare, also remains open during the government shutdown. As with the United States Department of Labor and its extensions, delays in processing claims will occur after the government shutdown is over, due to the accumulation of backlogged cases.
Barrett Law PLLC has significant experience representing individuals injured or killed on the job in the Lexington, Mississippi, area. If you or a family member is a federal employee and have questions about your rights during the government shutdown, please contact our office today to schedule an initial, no-cost consultation. We can be reached (800) 707-9577.