Information on filing an FTCA or MPCECA claim with the Department of Labor
The Division of Federal Employees' and Energy Workers' Compensation (FEEWC) and the Offices of the Regional Solicitors process and adjudicate claims involving Department of Labor employees under the Federal Tort Claims Act (FTCA) (28 U.S.C. § 2671, et seq.) and the Military Personnel and Civilian Employees' Claims Act (MPCECA) (31 U.S.C. § 3721). The Regional Solicitors (in concert with the Job Corps Regional Directors) also process and adjudicate certain claims arising out of the operation of the Job Corps as authorized by the Workforce Investment Act, 29 U.S.C. § 2897(b). The regulations governing claims against the Department of Labor under those statutes are found at 29 CFR Part 15.
Tort Claims - The FTCA is a limited waiver of sovereign immunity that authorizes payment of claims for money damages against the United States for negligent acts or omissions of its employees acting within the scope of their employment in circumstances where a private party would be liable under state law. Just as one example, where a Department of Labor employee negligently strikes a parked car while driving to a business meeting, the FTCA authorizes payment of claim for damage to the vehicle filed by the owner of the car. Please note that the government is not responsible under the FTCA for the torts of its contractors. The FTCA also contains certain explicit exceptions that preclude liability.
- Claims - Claims may be filed by completing and executing a "Claim for Damage, Injury, or Death" on a Standard Form 95 or by submitting other written notification of an incident accompanied by a signed claim for money damages in a sum certain for injury to or loss of property or personal injury or death by reason of the incident.
- Where to file - Claims against the Department of Labor involving damages in excess of $25,000 or that occur in the Washington Metropolitan area should be filed with the Counsel for Claims and Compensation in the FEEWC Division at 200 Constitution Ave., NW, Suite S-4325, Washington, DC 20210. All other claims against the Department of Labor should be filed with the official duty station of the employee whose actions formed the basis of the claim; that claim will then be forwarded with all currently available documentation to the appropriate Regional Solicitor's Office.
Claims for damage/loss of property incident to federal service - The MPCECA authorizes payment of claims by employees of the Department of Labor for damage or loss to property used incident to service with the Department. For example, a DOL employee on travel whose briefcase was damaged may seek reimbursement under the MPCECA as long as the damage was not due to the employee's negligence. Claims based on damage to an employee's vehicle while in a government parking lot by an employee who chooses to commute to work by driving are in most instances not incident to service and thus not payable under the MPCECA.
- Such claims are generally only payable to the extent that the loss was not covered by insurance and are payable only when the loss is not partly or wholly a result of the negligence of the employee. Payment is based on the depreciated value of the property that was lost or damaged.
- National Office claims and claims over $25,000 should be filed with the Counsel for Claims and Compensation in the FEEWC Division. All other claims should be filed with the Office of the Regional Solicitor with jurisdiction over the official duty station of the employee. Claims must be presented in writing and be supported by a statement from the employee's supervisor that the loss was incident to federal service. The following sample MPCECA Claim Form may be used to file an MPCECA claim with the Department of Labor.