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Federal employees and workers’ compensation

On Behalf of | Sep 25, 2014 | Firm News, Workers' Compensation |

A lot of New Yorkers work for private companies. These companies can be global and large, but they are still private. Private companies often have a lot of power to decide how to treat employees, but some federal and state regulations still apply to them. On the other hand, some workers are governmental employees. These workers work for the state or federal government. In these cases, the workers may be governed by slightly different rules and regulations.

When workplace accidents cause injuries to federal employees, they are entitled to workers’ compensation, just like private employees. Under section 8102 of the Federal Employees Compensation Act, the United States government will compensate employees for a disability caused while the worker was performing the person’s duty. A death of a federal worker can also trigger compensation under this section, if the death occurred while the person was working.

However, under section 8102, the employee is not eligible for compensation, despite his or her injury or death, in three circumstances. First, if the employee was intoxicated, and the intoxication proximately caused the injury, then the person is not eligible for compensation. Second, if an injured employee intended to hurt himself or herself, then he or she is not eligible for compensation. Finally, an employee is not eligible for compensation for an injury or death if the injury was caused by the employee’s willful misconduct.

If a federal employee qualifies for workers’ compensation, then the employee can be compensated for medical expenses, lost wages and other costs. They may also qualify for assistance in returning to work. However, obtaining these benefits can be complicated and time consuming. Therefore, federal employees may need the help of an experienced attorney.

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