# 20 CFR § 10.707: What must a FECA beneficiary who is required to take action against a third party do to satisfy the requirement that the claim be “prosecuted”?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-20-10.707

## Section

- **Citation:** 20 CFR § 10.707
- **Heading:** What must a FECA beneficiary who is required to take action against a third party do to satisfy the requirement that the claim be “prosecuted”?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 20—Employees' Benefits > CHAPTER I—OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR > SUBCHAPTER B—FEDERAL EMPLOYEES' COMPENSATION ACT > PART 10—CLAIMS FOR COMPENSATION UNDER THE FEDERAL EMPLOYEES' COMPENSATION ACT, AS AMENDED > Subpart H—Special Provisions > Third Party Liability

## Text

At a minimum, a FECA beneficiary must do the following:
(a) Seek damages for the injury or death from the third party, either through an attorney or on his or her own behalf;
(b) Either initiate a lawsuit within the appropriate statute of limitations period or obtain a written release of this obligation from OWCP or SOL unless recovery is possible through a negotiated settlement prior to filing suit;
(c) Refuse to settle or dismiss the case for any amount less than the amount necessary to repay OWCP's refundable disbursements, as defined in § 10.714, without receiving permission from OWCP or SOL;
(d) Provide periodic status updates and other relevant information in response to requests from OWCP or SOL;
(e) Submit detailed information about the amount recovered and the costs of the suit on a “Statement of Recovery” form approved by OMB;
(f) Submit information regarding the names of all plaintiffs to the suit or settlement and their relationship to the injured employee, if not the same as the FECA beneficiary;
(g) If any portion of the settlement or judgment was paid to more than one individual, advise whether it was indicated in the settlement or judgment the amount each individual is to receive, and if so, the percentage of the total award;
(h) Advise whether any portion of the settlement or judgment was paid in more than one capacity, such as a joint payment to a husband and wife for personal injury and loss of consortium or a payment to a spouse representing both loss of consortium and wrongful death; and
(i) Pay any required refund.

## Nearby sections

- [20 CFR § 10.700 § 10.700 May a claimant designate a representative?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.700.md)
- [20 CFR § 10.701 § 10.701 Who may serve as a representative?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.701.md)
- [20 CFR § 10.702 § 10.702 How are fees for services paid?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.702.md)
- [20 CFR § 10.703 § 10.703 How are fee applications approved?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.703.md)
- [20 CFR § 10.704 § 10.704 What penalties apply to representatives who collect a fee without approval?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.704.md)
- [20 CFR § 10.705 § 10.705 When must an employee or other FECA beneficiary take action against a third party?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.705.md)
- [20 CFR § 10.706 § 10.706 How will a beneficiary know if OWCP or SOL has determined that action against a third party is required?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.706.md)
- [20 CFR § 10.707 § 10.707 What must a FECA beneficiary who is required to take action against a third party do to satisfy the requirement that the claim be “prosecuted”?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.707.md)
- [20 CFR § 10.708 § 10.708 Can a FECA beneficiary who refuses to comply with a request to assign a claim to the United States or to prosecute the claim in his or her own name be penalized?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.708.md)
- [20 CFR § 10.709 § 10.709 What happens if a beneficiary directed by OWCP or SOL to take action against a third party does not believe that a claim can be successfully prosecuted at a reasonable cost?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.709.md)
- [20 CFR § 10.710 § 10.710 Under what circumstances must a recovery of money or other property in connection with an injury or death for which benefits are payable under the FECA be reported to OWCP or SOL?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.710.md)
- [20 CFR § 10.711 § 10.711 How is the amount of the recovery of the FECA beneficiary determined?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.711.md)
- [20 CFR § 10.712 § 10.712 How much of any settlement or judgment must be paid to the United States?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.712.md)
- [20 CFR § 10.713 § 10.713 How is a structured settlement (that is, a settlement providing for receipt of funds over a specified period of time) treated for purposes of reporting the gross recovery?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.713.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-20-10.707. Check the current official text before relying on it. Not legal advice.