partially disabled for a certain time period,
benefits are paid at 66 2/3% of your AWW.
Permanent Partial Disability (PPD): If you
have permanent loss of a body member or the
use of a body member, benefits are based on a
scheduled award.
Permanent Total Disability (PTD): If you are
(1) disabled and cannot earn any wages in the
same or other employment; or, (2) you have loss
of both hands, arms, feet, legs, eyes, or any two
thereof. In either case, benefits may be paid at
66 2/3% of your AWW.
Disfigurement: Serious disfigurement to the
face, head, neck, or normally exposed bodily
area(s) shall entitle you to a compensation
award of up to $7,500.
UNREASONABLE DELAY
In cases where OWC determines that an
employer/carrier has unreasonably delayed
payment of any installment of compensation
in bad faith, the employer shall pay the worker
their actual weekly wage in addition to any
compensation due and payable during the
period of delay.
HEARINGS AND APPEALS
If the claim is denied, OWC will investigate the
claim and may conduct an informal conference
for dispute resolution. If all interested parties
reach an agreement, OWC will issue a Final
Order. If one of the parties does not agree with
the Memorandum of Informal Conference the
aggrieved party has fourteen (14) working days
to notify OWC, in writing, and file for a Formal
Hearing within thirty-four (34) working days.
After the issuance of the Memorandum of
Informal Conference, either party may file for
an Application for Formal Hearing (AFH) with
the Administrative Hearings Division (AHD). An
Administrative Law Judge will conduct a formal
hearing and issue a Compensation Order.
Any aggrieved party may file an Application
For Review (AFR) with the Compensation
Review Board (CRB). The AFR must be filed
within thirty (30) calendar days. If there is still a
dispute, either party may appeal the Decision
and Order to the D.C. Court of Appeals within
thirty (30) calendar days after the Decision and
Order is issued.
If a claim is disputed, no benefits may be paid
until the dispute has been resolved.
An employer may not discharge or otherwise
discriminate against an employee who files or
attempts to file a workers’ compensation claim.
A worker, who has testified or is about to testify
in a workers’ compensation proceeding, is also
protected. Violation will result in a penalty
up to $1,000. For such violation, you may be
restored to your employment and receive back
pay.
Warning: It is a crime to provide false or
misleading information to an insurer for the
purpose of defrauding the insurer or any
other person. Penalties include imprisonment
and/or fines. In addition, an insurer may deny
compensation benefits if false information
materially related to a claim was provided by
the applicant.
If you have any questions. . .
Ask your employer or supervisor. The name
and address of your employer’s workers’
compensation insurance company should be
posted in a visible area at your workplace.
If you file a claim, be sure to provide your
full name, social security number, telephone
number, date of injury, and your employer’s
name when submitting the Form 7, Employee’s
Notice of Accidental Injury Or Occupational
Disease.
For more information or assistance contact:
Department of Employment Services
Office of Workers’ Compensation
4058 Minnesota Avenue N.E., 3rd Floor
Washington, D.C. 20019
(202) 671-1000 (voice)
(202) 671-1929 (fax)
Website: www.does.dc.gov
Notice of Non-Discrimination
In accordance with the D.C. Human Rights Act of
1977, as amended, D.C. Official Code, Section
2-1401.01 et seq., (Act), the District of Columbia
does not discriminate on the basis of actual or
perceived: race, color, religion, national origin, sex,
age, marital status, personal appearance, sexual
orientation, gender identity or expression, familial
status, family responsibilities, matriculation, political
affiliation, genetic information, disability, source of
income, status as a victim of an intra-family offense,
and place of residence or business.
Sexual harassment is a form of sex discrimination
which is prohibited by the Act. Discrimination is
in violation of the Act and will not be tolerated.
Violators will be subject to disciplinary action.
The Department of Employment Services is an Equal
Opportunity Employer/Provider.
Auxiliary aids and services are available upon
request to persons with disabilities.
Interpreters are available upon request.
Department of Employment Services
IF YOU ARE A
DISTRICT OF COLUMBIA
WORKER
THIS IS WHAT YOU NEED
TO KNOW ABOUT…
WORKERS’
COMPENSATION
OFFICE OF WORKERS’ COMPENSATION
Labor Standards Bureau
OWC
Department of Employment Services
OFFICE OF WORKERS’ COMPENSATION
Workers’ compensation is a benefit provided
by the employer at no cost to the employee.
If you are injured on your job, or become ill
because of conditions on your job, the D.C.
Workers’ Compensation Act of 1979 (as
amended) entitles you to full medical care for
your work-related injury or illness and provides
replacement for lost wages. If death occurs,
benefits are paid to the surviving spouse and
dependent(s).
Workers’ compensation coverage is required
for all private employers in the District of
Columbia. Benefits are provided either
through your employer’s insurance company
or directly through an employer self-insured
program approved by the District of Columbia
Department of Employment Services, Office of
Workers’ Compensation (OWC).
WHO IS COVERED
Employers are required to provide workers’
compensation coverage for all of their
employees in the District of Columbia. Nearly
every District employee working in the private
sector is protected by workers’ compensation;
however there are a few exceptions, such
as independent contractors and unpaid
volunteers. Employees of the Federal or
District Government are covered by similar but
different laws. A domestic worker or employees
who work a combined 240 hours per 13-week
calendar quarter (approximately 19 hours per
week) for an employer are covered.
WHAT IS COVERED
Any work-related injury or illness is covered by
workers’ compensation, no matter how serious
or minor the injury. Workers’ compensation
protection begins the first minute you start your
job in the District.
HOW TO FILE A CLAIM
If you are injured on the job or incur a job-
related illness, promptly report the incident to
your employer. You are required to report your
injury or illness, in writing, to OWC within thirty
(30) days of its occurrence or within thirty (30)
days of awareness of the relationship between
your employment and occupational injury or
illness. Complete DCWC Form 7, Employee’s
Notice of Accidental Injury or Occupational
Disease; and DCWC Form 7A, Employee’s
Claim Application, which may be obtained
from your employer, the employer’s insurance
carrier, or OWC. You may also download
both forms from http://does.dc.gov/page/
workers-compensation-does. Keep a copy of
the completed forms for your records, send a
copy of each form to your employer, and send
the original forms to OWC. DCWC Form 7A
must be filed within one (1) year after injury or
death, or if payment of compensation has been
made without an award within one (1) year after
the date of the last payment. This will preserve
your rights to current and future workers’
compensation benefits.
WHEN BENEFITS ARE PAID
If the employer/insurance carrier accepts your
claim, you should receive your first benefit
payment within fourteen (14) working days.
Payments will continue each succeeding
two (2) weeks as long as you are medically
disabled. If the claim is denied, the employer/
insurance carrier will send you a DCWC
Form 11, Notice of Controversion Memo of
Denial of Workers’ Compensation. You have
a right to appeal the denial. The claim can be
resolved informally and/or you may request a
formal hearing; however, you cannot request
an informal conference and a formal hearing
at the same time. OWC must notify you of the
informal conference at least ten (10) working
days before the conference date. If the case
is challenged, you will not be entitled to any
benefits until OWC has investigated the claim
and rendered a decision. (See Hearings and
Appeals for more information).
MEDICAL TREATMENT
A worker injured on the job or with a work-
related illness has the right to immediate
medical treatment and is free to choose any
attending physician for medical care. Your
employer/insurance carrier must provide cost-
free necessary medical care, including:
• Medical, surgical, and hospital care
• Osteopathic, dental, podiatric, and
chiropractic treatment
• Prescribed items such as drugs,
x-rays, braces, prosthetic devices, and
wheelchairs
Once a medical care provider is selected by the
employee, authorization must be obtained prior
to any change. A medical care provider cannot
collect from the injured employee for any
disputed medical bills for a compensable claim.
LOSS OF INCOME BENEFITS
If you cannot work because of a work-related
injury or illness for more than three days, you
are eligible for benefits to replace part of your
lost wages. Benefits are determined by your
Average Weekly Wage (AWW) but cannot
exceed the maximum weekly benefit amount
which is calculated annually. For injuries
occurring on or after March 6, 1991, your
weekly benefits for total lost wages will be equal
to 66 2/3% of your AWW. If you cannot work for
more than fourteen (14) days, the three (3) day
waiting period does not apply.
FATAL INJURY BENEFITS
If a worker dies as a result of a compensable
injury, the surviving spouse and dependents as
defined by law are entitled to death benefits
and burial expenses up to $5,000. The amount
of benefits to be paid is computed at 66 2/3% of
the deceased worker’s AWW; however, benefits
cannot exceed the maximum weekly benefit
amount. Additional benefits are available for
dependents. DCWC Form 16, Notice of Claim
for Death Benefits, must be filed with the
employer and OWC within thirty (30) days of
death of the worker.
VOCATIONAL REHABILITATION
SERVICES
The employer provides rehabilitation services
for injured workers who need help returning
to gainful employment at pre-injury wages or
better. A maintenance payment in the amount
of $50.00 per week may also be available.
Vocational rehabilitation services provided may
include:
• Counseling and evaluation
• Testing and on-the-job training
• Job skill development and placement
TYPES OF DISABILITY
Temporary Total Disability (TTD): If you are
totally disabled for a certain time period,
benefits are paid at 66 2/3% of your AWW.
Temporary Partial Disability (TPD): If you are
OWC
Department of Employment Services
OFFICE OF WORKERS’ COMPENSATION
WORKERS . . . What you need to know!
OWC - Office Hours - Monday thru Thursday, 8:30 am to 4:30 pm | Friday 9:30 am to 4:30 pm • 4058 Minnesota Avenue, NE, Washington, DC 20019 • Phone: (202) 671-1000 • TTY: (202) 698-4817 • Email: owc@dc.gov
