KNOW YOUR RIGHTS
What You Need to Know about Workers’ Compensation and Were Afraid to Ask:
The first thing you need to know is workers’ compensation claims can be
complicated and the sooner you contact your NATCA OWCP Committee representative
the better. Please go to owcp.natca.net/owcp_committee_members.htm to find the name and contact information
of your NATCA OWCP representative. It cannot be stressed enough that you should
contact the NATCA OWCP representative as soon as you know that you may have a
worker's compensation issue at your facility.
Often the employee’s claim can rise or fall based on the initial steps that are
taken or not taken when the injury or illness arises. The NATCA OWCP
representatives have training and resources to assist you when a workers
compensation issue comes up and can point you in the right direction. Getting in
touch with your committee member can make a huge difference in the outcome of
the employee’s claim.
Recently, the NATCA OWCP Committee met for its annual refresher training and
discussed several important issues concerning the filing of these claims:
TIMING
What should the Fac Rep do if a controller is involved in a near miss and is
visibly shaken and taken off position, but the controller decides to continue
working the next day. If the controller does not file a CA1 Notice of Traumatic
Injury Claim form until several days or weeks later, the result is that the FAA
will use the delay in filing to argue that the claim is self generated and the
employee is not really injured. First, call your NATCA OWCP Committee rep who
can help you with the wording of the CA1 claim form. The NATCA OWCP Committee
recommends that if there is a reasonable possibility that the employee has
experienced a traumatic stress injury, the CA1 claim for should be filed
immediately. This is a protective measure to put the Agency on notice that the
employee was exposed to a traumatic event and may seek medical attention and
will avoid the Agency being able to use the delay in filing to contest the
claim.
EXPOSURE TO TOXIC FUMES & MOLD
What should the Fac Rep do if employees at the facility are exposed to fumes from
construction or to mold spores after water has been leaking into the facility?
You got it, first call your National OWCP Committee rep! The Committee
recommends that each employee who was exposed to fumes or mold immediately file
a CA1 claim stating that the exposure occurred at work. This is a protective
measure to put the Agency on notice of the exposure so that in the event the
employee experiences any related illness or injury, the employee can prove that
it was work related. The OWCP Committee rep is available to help you with the
wording of the CA1 form.
The FAA has also been calling and showing up unexpectedly at employees' homes to
discuss the employee’s OWCP claim. Please call your NATCA OWCP rep if this
occurs. NATCA advises employees NOT to talk to these FAA liaisons. They claim to
be assisting employees but in reality they are seeking information to contest
the employee’s claims. Please let people know who file a claim not to speak to
these FAA employees.
Our brothers and sisters who are injured at work have a right to be compensated
in a timely manner; don’t let the FAA give you false information! Work with your
NATCA OWCP rep as soon as possible and you will be better equipped to protect
the employee’s rights in the OWCP claims process.
Marc Shapiro
Director of Labor Relations