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HR Order DOJ1200.1: Chapter 6-1, Workers' Compensation Program (Feb. 1, 2001)

A.   References.

Statute 5 U.S.C. Section 8101 et seq.
Code of Federal Regulations

5 CFR 339.305

5 CFR Part 353

20 CFR, Parts 1, 10, and 25

Guidance

The Supervisor's Handbook on What to do When Your Employee Reports a Work Injury or Disease

An Employee's Guide on Reporting A Work-Related Injury Or Disease

Department of Justice Workers' Compensation Point of Contact

B. Policy.

  1. The Department's policy is to provide a safe and healthful working environment for employees. In cases of job-related injuries or diseases, claims will be investigated and processed in a timely manner. When necessary, management will explore possibilities to accommodate employees who suffer from job-related injuries or diseases, with restricted or limited duty assignments in accordance with the physical simitations recommended by a physician.
     
  2. Responsibilities.
     
    1. Deputy Assistant Attorney General, Human Resources and Administration (DAAG/HRA). The DAAG/HRA is designated the SES-level employee responsible for Office of Workers' Compensation Programs (OWCP) activities in the Department.
       
    2. Bureau Heads. Heads of bureaus and the Assistant Attorney General for Administration for the offices, boards, and divisions are responsible for implementing the Workers' Compensation Program (WCP) within their bureaus. Among other responsibilities they will:
       
      1. Designate a personnel or safety official to meet management's responsibilities of the bureau's WCP.

      2. Provide the DAAG/HRA with an annual report, no later than October 31, covering the preceding FY, detailing progress in managing and reducing the costs of the WCP, including continuation of pay (COP), and a forecast of future achievable objectives in this area for the bureau.
         
    3. Supervisors. Supervisors will:
       
      1. Ensure that employees receive the opportunity for required medical attention.
      2. Ascertain the facts regarding job-related injuries and diseases reported by employees.
      3. Provide employees with the required forms and when necessary, assist employees with the completion of these forms.
      4. Ensure that the required forms are completed and sent to OWCP within 10 working days after the notification of an injury/disease.
      5. Where appropriate, ensure that restricted or limited duty assignments are implemented in accordance with the physical limitations imposed by a physician.
      6. Monitor claims and seek to controvert claims for which there is no basis.
         
    4. Employees. Employees will:
       
      1. Immediately report to their direct supervisor any work-related injury or disease.
      2. Complete the appropriate OWCP required forms in a timely manner.
      3. Keep the supervisor informed of medical status, including provision of periodic medical reports from the attending physician, upon request.
      4. Seek restoration to duty as soon as the medical condition permits.
         
    5. Personnel and Safety Offices. The Personnel and/or Safety Offices will:
       
      1. Provide technical advice and assistance to the DAAG/HRA or to the bureau head on all non-medical WCP-related matters.
      2. Provide the employee and the supervisor with the required forms, and provide assistance on forms completion.
      3. After certification, forward the forms within 10 days to the Department of Labor (DOL), OWCP, for processing. Develop and maintain in the Employee Medical File (EMF) a record of each injury/disease.
      4. Review active cases and associated costs, and maintain contact with the employee to determine the earliest practicable date for the employee's return to work.
      5. Monitor claims for compensation and assist management officials to controvert claims for which there is no basis.
      6. Track pending and approved claims, including continuation of pay (COP), to ensure compliance with appropriate organizational, DOJ, and DOL requirements.
      7. Examine Federal Employees Compensation Act chargeback bills to ensure that the organization pays only for cases that involve its eligible employees and that any bills submitted by the DOJ employee are forwarded to the DOL in a timely manner.
      8. Assist management officials and employees in determining the cause of accidents and illnesses, and in eliminating or mitigating these causes.
      9. Assist management officials in structuring and providing restricted or limited duty assignments to employees who suffer from job-related diseases or injuries.
      10. Serve as liaison between the DOJ bureau and the OWCP on all non-medical related matters.

C.   Reporting.

  1. Bureau heads are required to submit annual reports in accordance with paragraph B.2.b.(2).

 

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Updated May 3, 2021