The presumption of workplace illness is ending in January for Covid survivors and people who are disabled by Covid. AFGE is working to extend the benefit in the 2023 omnibus full-year government funding bill as we still have incidences of workplace exposure and survivors who have long-term effects.
The American Rescue Plan Act of 2021 that was signed into law on March 11, 2021, allowed federal workers diagnosed with COVID-19 to receive an automatic presumption of illness to establish coverage under the Federal Employees’ Compensation Act for themselves and their survivors.
To establish a COVID-19 claim, you simply need to establish that you are a “covered employee,” meaning that:
- You were diagnosed with COVID-19. Specifically, you were diagnosed with COVID-19 while employed in the federal service at any time during the period of January 27, 2020 to January 27, 2023; and,
- Your duties include any risk of exposure. Specifically, within 21 days of your diagnosis of COVID-19, you carried out duties that—
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- required contact with patients, members of the public, or co-workers; or
- included a risk of exposure to the novel coronavirus.
Employees diagnosed after January 27, 2023 will be able to apply for workers compensation benefits through the regular FECA process. Federal employees who received workers compensation benefits for COVID through this provision, will receive benefits through 2030. This funding will be available through September 30, 2023 to establish eligibility for benefits.
AFGE continues to advocate for an extension of the authorization for FECA Automatic Presumption of Worksite Illness both for those diagnosed after January 27, 2023, and for federal employees and survivors to receive benefits past 2030 in the upcoming end-of-year legislation.