Collateral Damage: The Federal Workers’ Injury Comp Risk in a Government Shutdown

Sometimes the work done by law students can surprise everyone. This episode may shock you. Continuing a tradition, we honor the annual winner of the John F. Burton Jr. College of Workers’ Compensation Lawyers Law Student Writing competition. This year, guest Roxanne Mosley is the winner with her findings in “The Uncompensated Risk: Federal Workers’ Compensation and the Human Toll of the Weaponized Shutdown.” Mosley examined the nexus of government shutdowns and the impact on federal employees protected under FECA, the Federal Employees’ Compensation Act. Government shutdowns aren’t just political showdowns, they have the potential to harm real people: federal workers protected under federal Workers’ Comp programs. Mosley witnessed the human toll of a federal shutdown, including missed mortgage payments and simply making the ends meet at the end of the month. But she also found the unexpected toll inflicted on those federal workers, the potential Workers’ Comp shortfalls. During a government shutdown, federal employees deemed essential may be asked to keep working without concurrent compensation, which can be marked as a “zero” on a worker’s pay stub. This is critical if a worker is injured on the job, as benefits are determined by past payment records. A period without pay can be included in that compensation calculation, resulting in reduced benefits. Mosley is calling for federal protections and Congressional action.  If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at [email protected] or [email protected].