Non-Appropriated Funds Instrumentalities Act

If you are hurt on the job, we are the team that can help you.Barry R. Lerner


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Non-Appropriated Funds Instrumentalities Act

Enacted in 1952, the Non-Appropriated Funds Instrumentalities Act extended the Longshore and Harbor Workers’ Compensation Act (“Longshore Act”) to employees of non-appropriated fund instrumentalities.
The purpose of this Non-Appropriated Funds Instrumentalities Act is to provide the workers’ compensation benefits found under the Longshore Act to:

  • A covered employees who were injured at work;
  • A covered employee’s dependents in the event that the injury caused the employee’s death; and
  • A covered employee who suffers from an occupational disease.

These benefits may include lost wage, medical, and death benefits. Like the Longshore Act, the Non-Appropriated Funds Instrumentalities Act is administered by the United States Department of Labor Office of Workers’ Compensation Programs. Based on the location of the employee and the employer, claims are filed in one of the district offices located throughout the nation. The Non-Appropriated Funds Instrumentalities Act is a federal law that varies both substantively and procedurally from common state workers’ compensation law. For this reason, it is important to consult with a specialized attorney such as the attorneys at Barnett, Lerner, Karsen, Frankel & Castro, P.A. who have nationwide experience with claims under the Non-Appropriated Funds Instrumentalities Act.

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Who is a “non-appropriated fund employee”?

Under the Non-Appropriated Funds Instrumentalities Act, non-appropriated fund employees are civilian employees who provide services to the U.S. Armed Forces. Unlike civil service employees, the salaries for non-appropriated fund employees are not allotted by Congress. Non- appropriated fund employees include civilian employees of the following entities:

• Army and Air Force Exchange Services,
• Army and Air Force Motion Picture Services,
• Navy Ship’s Stores Ashore,
• Navy exchanges, Marine Corps exchanges, Coast Guard exchanges, and Other instrumentalities of the United States under the jurisdiction of the Armed Forces conducted for the comfort, pleasure, contentment, and mental and physical improvement of personnel of the Armed Forces.

Importantly, the Non-Appropriated Funds Instrumentalities Act does not cover individuals employed outside of the United States who are not citizens or permanent residents of the United States or a United States territory. Additionally, it also does not cover military members on active duty, regardless of whether an injury occurred on or off-duty. If you are interested in reading the entire Non-Appropriated Funds Instrumentalities Act, please click here.

Benefits under the Non-Appropriated Funds Instrumentalities Act

Being seriously injured in a work-related accident is scary and trying to determine what benefits you are entitled to can be confusing and can cause unneeded stress. If you have been injured in a work-related accident all you energy should be focused on healing. The attorneys at Barnett, Lerner, Karsen, Frankel & Castro, P.A. are experienced with claims under the Non-Appropriated Funds Instrumentalities Act and will help reduce your stress by navigating the complexities of your claim so that you can focus on getting better.

By extension of the Longshore Act, the benefits provided under the Non-Appropriated Funds Instrumentalities Act include both employment-related injury and death benefits.

Medical

Medical benefits include “all medical, surgical, and hospital treatment and other medical supplies and services” related to the injury. Expenses can include hospital and doctor’s visits, medications, surgeries, and medical devices. Also covered are the required costs associated with travel and mileage for obtaining the medical care. Injured employees are free to seek medical treatment from a physician of their choice, so long as that physician is approved to provide medical care by the Office of Workers’ Compensation Programs.

Death

In the tragic instance of an employee’s death due to work-related injuries, his or her family members or other eligible survivors may be entitled to death benefits. While nothing can replace a lost loved one, it is important to review possible claims under the Non-Appropriated Funds Instrumentalities Act so that surviving family members receive all the benefits for which they are eligible.    

  • Funeral Expenses – Up to $3,000 of reasonable funeral expenses may be paid to an employee’s surviving family members.
  • Additional Compensation – Surviving spouses receive 50 percent of the employee’s average weekly wage for the rest of his or her life, or until the surviving spouse remarries. If the deceased employee had children, additional compensation is provided at the rate of 16 2/3 percent of the employee’s average weekly wage. In cases where children are the sole survivors, 50 percent of the employee’s average weekly wage is paid with a 66 2/3 percent maximum if there are more than one child is entitled to benefits.

If you are interested in more detailed description of benefits available, please click here.

Disability

An injured employee covered by the Non-Appropriated Funds Instrumentalities Act may be entitled to compensation for disabilities that fall into the categories listed below. These categories are important to an injured employee’s claim because classifying an injury in an incorrect category may cause the employee to lose out on compensation to which he or she is entitled. 

  • Temporary Total Disability – This class of benefits applies to an injured employee whose injuries are such that they prevent him or her from working while the injury is healing. Compensation is based on two-thirds of the employee’s average weekly wage, but is subject to a maximum amount.
  • Permanent Total Disability – If an employee is unable to return to their prior job because of his or her injuries, it may result in permanent total disability. Again, compensation is based on two-third of the employee’s average weekly wage, but is subject to a maximum amount. 
  • Permanent Partial Disability – Compensation under this category is available in the event of permanent loss or impairment of particular body parts. An employee is entitled to a specific number of weeks of compensation based on the severity of the impairment.
  • Temporary Partial Disability – If an employee’s injury results in temporary loss or impairment of body part/s, he or she is eligible for two-thirds their average weekly wage.

What you should do if you are Injured

Timing is very important when beginning a claim for benefits under the Non-Appropriated Funds Instrumentalities Act. An employee, or his survivors, must provide written notice of an injury or death within 30 days of the date of the injury. Additionally, written claims for compensation must generally be filed with the Office of Worker’s Compensation Programs within one year of the injury.


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