Third Party Liability

  1. Law
  2. CFR 20
  3. Employees' Benefits
  4. Office of Workers' Compensation Programs, Department of Labor
  5. Federal Employees' Compensation Act
  6. Claims for Compensation Under the Federal Employees' Compensation Act, as Amended
  7. Special Provisions
  8. Third Party Liability

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Section
10.705

When must an employee or other FECA beneficiary take action against a third party?

Section
10.706

How will a beneficiary know if OWCP or SOL has determined that action against a third party is required?

Section
10.707

What must a FECA beneficiary who is required to take action against a third party do to satisfy the requirement that the claim be “prosecuted”?

Section
10.708

Can a FECA beneficiary who refuses to comply with a request to assign a claim to the United States or to prosecute the claim in his or her own name be penalized?

Section
10.709

What happens if a beneficiary directed by OWCP or SOL to take action against a third party does not believe that a claim can be successfully prosecuted at a reasonable cost?

Section
10.710

Under what circumstances must a recovery of money or other property in connection with an injury or death for which benefits are payable under the FECA be reported to OWCP or SOL?

Section
10.711

How is the amount of the recovery of the FECA beneficiary determined?

Section
10.712

How much of any settlement or judgment must be paid to the United States?

Section
10.713

How is a structured settlement (that is, a settlement providing for receipt of funds over a specified period of time) treated for purposes of reporting the gross recovery?

Section
10.714

What amounts are included in the refundable disbursements?

Section
10.715

Is a beneficiary required to pay interest on the amount of the refund due to the United States?

Section
10.716

If the required refund is not paid within 30 days of the request for repayment, can it be collected from payments due under the FECA?

Section
10.717

Is a settlement or judgment received as a result of allegations of medical malpractice in treating an injury covered by the FECA a gross recovery that must be reported to OWCP or SOL?

Section
10.718

Are payments to a beneficiary as a result of an insurance policy which the beneficiary has purchased a gross recovery that must be reported to OWCP or SOL?

Section
10.719

If a settlement or judgment is received for more than one wound or medical condition, can the refundable disbursements paid on a single FECA claim be attributed to different conditions for purposes of calculating the refund or credit owed to the United States?