Are Congress Shooting Victims Covered by Workers Comp?

Probably yes, due in part to Marilyn Ezzy’s broken finger in a 1980 softball game. Ezzy was a summer intern. Her law firm sponsored a softball team. She was encouraged but not required to play. After she broke her little finger in a game, her employer refused to cover medical costs. She claimed for workers comp—and in a “lead case” before the California appeals court, she won.

The court applied a version of the “work factors” test—the activity was directed by the employer, the games benefited the law firm by promoting esprit de corps, the firm’s name was on t-shirts, the team was composed of firm employees, and so on.

Rep. Scalise’s injuries are extremely serious, and his medical costs (guessing here) could top $1 million. He might have some type of permanent impairment. Over and above health insurance, worker’s comp would cover his hospitalization, medical and rehabilitation. Hypothetically, if he has a permanent partial disability, worker’s comp will pay an additional sum— likely in the hundreds of thousands— for this loss of capacity.

Rep. Scalise is actually an employee. Benjamin Franklin suggested at the Constitutional Convention that representatives and senators receive no pay, but his idea was rejected. The 2016 salary for rank-and-file members of the House and Senate is $174,000 per year; they pay into Social Security, and their employment is regulated by the U.S. Office of Personnel Management. 

It therefore seems he is covered by the federal version of worker’s comp (Federal Employees' Compensation Act)—and since the Ezzy case is widely followed, it seems more likely than not that his injuries would be analyzed along the lines of Marilyn Ezzy’s broken finger in 1980.

The congressional police officer who was shot is clearly covered.

The Tyson lobbyist, Matt Mika, has critical injuries—and his medical and rehab issues might be somewhat similar to Rep. Scalise.

However, he might have a tougher time claiming worker’s comp. Unlike Marilyn Ezzy, he is not employed by Congress. Tyson likely has a third-party carrier, and likely, they will not be sympathetic but rather try to avoid paying a huge claim. They’d argue that Mika was outside the scope of employment—and they would be on solid ground in distinguishing Mika’s case from Ezzy.

Regardless, prayers and best wishes to all the shooting victims.