OWCP Death Benefits: FECA Compensation When a Federal Employee Dies on Duty
When OWCP Death Benefits Apply
The Federal Employees' Compensation Act (FECA) provides death benefits when a federal civilian employee dies from an injury or illness sustained in the performance of official duty. These benefits are administered by the Department of Labor's Office of Workers' Compensation Programs (OWCP) — a completely separate system from OPM retirement benefits.
FECA death benefits apply to workplace accidents, line-of-duty injuries, occupational diseases (asbestos exposure, infectious disease contracted at work), and deaths from conditions aggravated by job duties. The claim must establish that the death was causally related to federal employment.
What FECA Death Benefits Pay
Monthly Compensation
FECA death compensation is based on the deceased employee's monthly pay rate:
- Surviving spouse with no eligible children: 50% of the employee's monthly basic salary
- Surviving spouse with one or more eligible children: 45% for the spouse plus 15% for each child, up to a statutory maximum of 75% of monthly basic salary
- No surviving spouse, children only: 40% for one child, 15% for each additional child, up to 75% maximum
These payments are tax-free — one of the most significant advantages FECA has over OPM survivor annuities.
For a GS-13, Step 5 employee ($108,885/year, or $9,074/month), a surviving spouse with two children would receive:
- 45% + 15% + 15% = 75% cap
- $6,806 per month, tax-free
The equivalent FERS survivor annuity would be approximately $2,270/month (50% of the earned annuity) and fully taxable. The after-tax difference is substantial.
Burial Allowance
OWCP pays a burial allowance of up to $800 for funeral and burial expenses. If the employee died away from home, OWCP also covers the cost of transporting the remains to the place of burial.
Additional Compensation for Specific Circumstances
If the death results from injuries incurred in connection with service with an Armed Force in a contingency operation or from a terrorist attack, the employing agency may pay an immediate death gratuity of up to $100,000 under 5 U.S.C. § 8102a. Federal law enforcement officers, firefighters, and emergency responders killed in the line of duty may also qualify for the Public Safety Officers' Benefits (PSOB) lump sum of $461,656 (FY 2026) through the Department of Justice.
Filing Form CA-5
Form CA-5 is the OWCP death claim for a surviving spouse; Form CA-5b is used for children. Submit the applicable form to the Department of Labor OWCP, not to OPM.
The form requires:
- Certified death certificate
- Marriage certificate (if claiming as a spouse)
- Birth certificates for dependent children
- Medical evidence linking the death to federal employment — an autopsy report, attending physician's statement, or occupational health records
- Employer's report of the injury or illness (Form CA-6, prepared by the agency)
OWCP investigates causation independently. Claims for clearly traumatic on-the-job deaths (construction accident, vehicle collision during duty travel) move faster than occupational disease claims, which may require extensive medical documentation.
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The Irrevocable Election: OWCP vs. OPM
Under 5 U.S.C. § 8116, a survivor cannot receive both a monthly OWCP FECA payment and a monthly OPM survivor annuity at the same time. You must choose one. The election is binding.
In most cases, FECA is the better financial choice — the payments are higher and tax-free. But the election only applies to the monthly compensation. The following benefits are not affected by the OWCP vs. OPM election:
- FERS Basic Employee Death Benefit (BEDB): the OWCP election does not forfeit the BEDB, but the amount may be offset or repaid when OWCP death benefits are selected
- FEGLI life insurance: paid by OFEGLI, completely independent
- TSP death benefit: the participant's account balance is distributed normally
- Social Security survivor benefits: payable independently (though dual-benefit coordination rules may apply to specific combinations)
The survivor annuity from OPM includes cost-of-living adjustments; FECA compensation is also adjusted annually by OWCP's wage-loss COLA. The tax-free status of FECA usually outweighs the OPM annuity even after COLA differences.
OWCP Processing Timeline
OWCP death claims have no published average processing time comparable to OPM's metrics. Claims involving occupational disease can take longer because they may require extensive medical evidence to establish causation.
During the review period, the surviving family still has access to the other five benefit channels (BEDB, FEGLI, TSP, unpaid compensation, Social Security) — none of which depend on the OWCP outcome.
For the complete multi-agency claims workflow — including how OWCP fits alongside OPM, OFEGLI, TSP, and Social Security — the Federal Employee Death Benefits Claims Guide sequences every form and every agency in filing order.
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