Non-Appropriated Funds Instrumentalities Act

Covered employees include civilians working for:

•  Army and Air Force Exchange Services
•  Army and Air Force Motion Picture Services
•  Navy Ship’s Stores Ashore
•  Navy, Marine Corps, and Coast Guard exchanges
•  Other instrumentalities operated for the comfort, recreation, and welfare of Armed Forces personnel

NAFIA does not cover:

•  Non-U.S. citizens or non-permanent residents employed outside the United States or its territories
•  Active-duty military personnel, regardless of injury location

By extension of the Longshore Act, NAFIA provides compensation for work-related injuries, occupational diseases, and death. These benefits are administered by the U.S. Department of Labor, Office of Workers’ Compensation Programs (OWCP).

Injured employees are entitled to:

•  All necessary medical, surgical, and hospital treatment
•  Prescription medications and medical devices
•  Reimbursement for travel and mileage related to medical care

Employees may choose their treating physician, provided the physician is approved by OWCP.

In the event of a fatal work-related injury, surviving dependents may receive:

•  Funeral Expenses: Up to $3,000 in reasonable funeral costs
•  Survivor Compensation: Surviving spouse: 50% of the employee’s average weekly wage for life or until remarriage
•  Dependent children: 16⅔% of the employee’s average weekly wage
•  If children are the sole survivors: 50% total, with a maximum of 66⅔% if more than one child is eligible

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.

Timely filing is essential:

•  Notice of Injury or Death: Must be provided in writing within 30 days of the incident
•  Claim for Compensation: Must be filed with OWCP within one year of the injury or death

Claims under NAFIA involve federal procedures that differ significantly from state workers’ compensation systems. The attorneys at Barnett, Lerner, Karsen, Frankel & Castro, P.A. have nationwide experience handling NAFIA claims and are committed to helping injured employees and their families secure the benefits to which they may be entitled.