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If you have been injured while performing your duties
as an observer, you may be eligible for compensation
under the Federal
Employee's Compensation Act (FECA). FECA is a
federal law which provides benefits for work-related
injuries or occupational diseases. These benefits
include
- payment of medical expenses and compensation
for wage loss.
- FECA also provides for payment of benefits to
dependents.
Although FECA is primarily intended for federal
employees, a 1996 amendment to the Magnuson-Stevens
Fishery Conservation and Management Act extended
the provisions of FECA to observers, as follows (section
403(c)):
"An observer on a vessel and under
contract to carry out responsibilities under this
Act or the Marine Mammal Protection Act of 1972
(16 USC 1361 et seq.) shall be deemed to be a Federal
employee for purposes of compensation under the
Federal Employee Compensation Act (5 USC 8101 et
seq.)."
If you are an observer working for NMFS or under
contract as described above, you are covered under
FECA regardless of how long you have worked as an
observer or your work schedule, including if you
work on a seasonal, part-time, intermittent, or contracted
basis
.If you are injured, you must immediately
notify your employer of the injury and obtain first
aid or medical treatment as necessary.
To obtain FECA benefits, you should also submit
the
appropriate FECA
claim form within 30 days of the injury. The
most common FECA claim forms are the following:
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| If you are employed
by the NOAA Fisheries as an observer, submit
claims to: |
CCSI, L.P.
6301 Campus Circle Drive, East
Irving, Texas 75063 |
| If you are an observer under contract to carry
out the responsibilities of either the Magnuson-Stevens
Act or the Marine Mammal Protection Act, submit
claims to:
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U.S. Dept. of Labor/OWCP
1240 E. 9th St., room 851
Cleveland, OH 44199
(216) 357-5100 |
| All other subsequent claims related documents,
such as medical bills, not submitted with initial
documents should be sent to:
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CCSI, L.P.
P.O. Box 542528
Dallas, Texas 75354-2528 |
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- CA-1 "Federal Employee's Notice of Traumatic
Injury and Claim for Continuation of Pay/Compensation" -
Traumatic injuries are defined as a wound or other
condition of the body caused by external force,
including stress or strain. They must be caused
by a specific event or incident or series of events
or incidents within a single day or work shift.
- CA-2 "Notice of Occupational Disease and Claim
for Compensation" - Occupational diseases are defined
as a condition produced in the work environment
over a period longer than one workday or shift.
It may result from systemic infections, repeated
stress or strain, exposure to toxins, poisons,
or fumes, or other conditions of the work environment.
The burden of proof for all claims is the responsibility
of the claimant. Claimants must prove that they were
performing their official duties as an observer when
the injury occurred. In addition, claims must be
supported by medical documentation that includes
the following information:
- history of injury
- diagnosis
- statement that supports that the reported injury
caused the condition
- course of treatment
- test results
- prognosis.
Compensation will be decided on a case by case basis
after a thorough review of the claim form(s) and
all supporting documentation.
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