20 CFR § 10.705 - When must an employee or other FECA beneficiary take action against a third party?
---
identifier: "/us/cfr/t20/s10.705"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 10.705 - When must an employee or other FECA beneficiary take action against a third party?"
title_number: 20
title_name: "Employees' Benefits"
section_number: "10.705"
section_name: "When must an employee or other FECA beneficiary take action against a third party?"
chapter_name: "OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR"
subchapter_number: "B"
subchapter_name: "FEDERAL EMPLOYEES' COMPENSATION ACT"
part_number: "10"
part_name: "CLAIMS FOR COMPENSATION UNDER THE FEDERAL EMPLOYEES' COMPENSATION ACT, AS AMENDED"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301, 8102a, 8103, 8145 and 8149; 31 U.S.C. 3716 and 3717; Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; Secretary of Labor's Order No. 10-2009, 74 FR 218; Pub. L. 117-263."
regulatory_source: "76 FR 37903, June 28, 2011, unless otherwise noted."
cfr_part: "10"
---
# 10.705 When must an employee or other FECA beneficiary take action against a third party?
(a) If an injury or death for which benefits are payable under the FECA is caused, wholly or partially, by someone other than a Federal employee acting within the scope of his or her employment, the claimant can be required to take action against that third party.
(b) The Office of the Solicitor of Labor (SOL) is hereby delegated authority to administer the subrogation aspects of certain FECA claims for OWCP. Either OWCP or SOL can require a FECA beneficiary to assign his or her claim for damages to the United States or to prosecute the claim in his or her own name. All information regarding subrogation claims administered by SOL should be submitted to Chief, Subrogation Unit, U.S. Department of Labor, Office of the Solicitor, 200 Constitution Avenue, NW., Room S4325, Washington, DC 20210.