Compensation and schedule award are your primary sources of income from the Office of Workers' Compensation Programs (OWCP). Payment of these benefits is very costly to the government and consequently OWCP will contest and question your payments when they can. It is critical that you know your rights regarding these important sources of income.
Click HERE for the
injury and payment chart covering payment of compensation (wage loss) for both
traumatic injury and
You'll note that a traumatic injury initially receives COP for the first 45 calendar days following the injury. If you suffer from a non-traumatic injury you are entitled to wage loss from day one.
Your right to wage loss continues as long as the accepted injuries prevent you from earning the wages you made before the injury. The injury and payment chart above gives you an idea of when your wage loss may be discontinued.
The actual amount of money that you receive each month is based upon your Compensation Rate. The rate is calculated at 66 2/3% of your regular pay and may be augmented to 75% if you have dependents. The calculation of your regular pay is vitally important since all future payments for compensation and schedule award are based off that initial calculation.
The OWCP and the claims examiner routinely review cases to challenge eligibility for compensation. We have seen injured workers receive a notice of proposed termination after 20 years on wage loss. Recently OWCP has been targeting those who have been on wage loss for just a few years.
At some point, you may receive one of the following from the claims examiner:
- Notice of Proposed Termination (terminating wage loss)
- Notice of Proposed Reduction of Compensation (cutting pay down).
Call us immediately as you have only 30 days, with no extensions, to fight the action taken.
Wage Loss for Life
It is theoretically possible to receive a payment of wage loss benefits every 28 days for your entire life. The law provides that the injured worker is paid for all time periods where the injury causes loss of earning capacity.
The employer and OWCP don't take that issue lying down. They will try to find you a job or assign a wage earning capacity. Their tactics are often underhanded or deceptive. They will usually disregard the opinions of your doctor and take action based only upon the opinions provided by the second opinion doctor.
Oftentimes an employee will receive a phone call or letter ordering them back to work "or else". Such threats usually so not constitute a valid job offer and can be defeated.
The quickest way to find out if you deserve more is to ACT NOW! Place a
FREE INITIAL CALL today. If you have a specific question that you would like answered by email,CLICK HERE,and an attorney will respond within two business days.