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WORKERS' COMPENSATION LAW - Compensation for Federal Employees

As opposed to state Workers' Compensation Acts, federal employees who receive on-the-job injuries are specifically covered by the Federal Employee Compensation Act (FECA). FECA operates much like state statutes; it outlines a no-fault system that provides federal employees with fixed benefits in exchange for the loss of the right to sue the government. FECA covers both the disability and death of a federal employee, and outlines the types of benefits available to a federal employee in either event.

Who is considered an "employee" under FECA is outlined by the statute itself. The definition of "employee" includes, among others, civil officers or employees in any branch of the federal government and the District of Columbia, individuals employed on a specified Indian reservation, specified commissioned officers, and certain individuals serving as petit or grand jurors.

An "injury" under FECA constitutes both accidental injuries and occupational diseases. Of note is the fact that an injury is not limited to a physical condition. FECA has also been considered to cover, in some instances, post-traumatic stress disorder and depression. FECA specifically excludes compensation for injuries that arise from the employee's wilful misconduct, that result from the employee's intoxication, or that are intentionally self-inflicted by the employee.

Judicial review of compensation decisions under FECA is generally prohibited. As contrasted with state law that provides an appeal system with multiple layers of review, decisions of the Secretary of Labor are largely non-reviewable.

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