Continuation of Pay (COP) is a benefit available to federal employees who are injured on the job. This benefit amounts to payment, by the employing Agency, of the employee’s regular pay for up to 45 days while the employee seeks medical treatment. COP is only available to those employees that suffer a traumatic injury – not those that have an occupational disease.

If you believe you are entitled to COP, file form CA-1 within thirty (30) days of the on-the-job injury. Your employing Agency will be required to pay COP unless it can “controvert” – disprove entitlement t0 – the benefit. An Agency can controvert COP benefits by showing any one thing from the list below:

1. the disability is due to an occupational disease or illness (remember, you can only claim COP for a traumatic injury;
2. the employee served without pay or received only nominal pay;
3. the employee is neither a citizen nor a resident of the United States;
4. the injury occurred off the employer’s premises and the employee was not engaged in authorized “off premises duties”;
5. the injury was caused by the employee’s willful misconduct (used most often when an employee is under the influence of drugs or alcohol at the time of the injury);
6. the injury was not reported on Form CA-1 within 30 days after the injury;
7. the employee first stopped work more than 45 days after the injury;
8. the employee first reported the injury after employment ended;
9. the employee is enrolled a group covered by special legislation (Peace Corps, Job Corps, Youth
   Conservation Corps, work-study program, etc.)

The employer can stop COP in only a limited set of circumstances. One of those may occur if, prior to the injury, you had received notice of a disciplinary action that might result in loss of wages (suspension, removal, etc.). The employer may also temporarily (or permanently) stop COP if you haven’t provided medical evidence of a disabling traumatic injury within ten (10) days of making the claim for COP. Finally, the employer may stop COP if your doctor finds you partially disabled and you refuse (or refuse to respond to) a suitable offer of work.

No post on this website is legal advice, is meant to be legal advice, and certainly does not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the federal employee, with some power. This information is not widely or easily accessible to Federal Employees.

It is best to consult with a lawyer familiar with federal employee OWCP claims to discuss the facts and law of your particular case. If you think that you may be entitled to COP, or have questions about COP benefits or any OWCP benefits or claims, contact an attorney at the Attig Law Firm, PLLC, to schedule a telephone consultation.