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# Navy Engineer’s Sexual Assault Lawsuit Dismissed After Workers’ Comp Ruling
- URL: https://www.legalexaminer.com/crime/sexual-abuse/navy-engineers-sexual-assault-lawsuit-dismissed-after-workers-comp-ruling/
- Published: 2026-09-15T01:50:32.000Z
- Updated: 2026-09-15T01:50:32.000Z
- Description: An alleged assault aboard a Navy vessel raises difficult questions about when an off-duty injury can be considered work-related and how FECA can limit a federal employee’s legal options.
- Author: Legal Examiner Staffer
- Tags: Sexual Abuse, #cluster-featured

## Key Takeaways

- A federal judge dismissed a Navy engineer’s sexual assault lawsuit after the Department of Labor determined her injuries were covered under workers’ comp law.
- The case raises questions about how FECA applies when an employee is assaulted while off the clock but living aboard a work vessel.
- FECA can provide medical and wage-loss benefits, but generally does not provide damages for pain and suffering or emotional distress.
- Sexual assault survivors may have different legal options depending on the circumstances and whether workers’ compensation laws apply.

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Last month, a federal judge dismissed a sexual assault lawsuit brought by a Navy engineer after the Department of Labor determined that her injuries fell within the federal workers’ compensation system. The dismissal raises a difficult question about what constitutes a work-related injury — particularly when an employee is assaulted while off duty but living aboard a vessel for work.

## What Did The Navy Engineer Allege?

According to the civil complaint, Elsie Dominguez began working on a U.S. Navy ship in October 2021\. A graduate of the United States Merchant Marine Academy, she took on a job as a civilian engineer on the USNS Carson City. Two months after her work began, Dominguez alleges that the ship captain entered her stateroom late at night and raped her. The lawsuit says the captain had a master code that let him enter staterooms regardless of whether he had the occupant's permission. The alleged assault happened after a night docked in Brindisi, Italy. 

Dominguez says she went to a bar with fellow ship crewmembers before the assault but only had one beer and one shot of liquor. Still, she became seriously intoxicated after two drinks, and the lawsuit alleges that someone at the bar drugged her. A shipmate helped her to her room, where she says she was so inebriated that she lost consciousness. Hours later, the captain allegedly entered her room and sexually assaulted her after calling and texting her multiple times. She called the Military Sealift Command crisis line but was discouraged from reporting the crime confidentially, the suit says. A year-and-a-half later, she reported the assault to the Navy's Office of the Judge Advocate General, the Naval Criminal Investigative Service (NCIS) and the Coast Guard Investigative Service (CGIS). The latter two agencies opened criminal investigations.

The lawsuit argues that the assault was foreseeable because the captain was known by the crew to abuse alcohol and acted angrily as a result. Lawyers also allege that the government didn’t do enough to protect Dominguez — for example, not logging when a crew member used a master code to enter a stateroom, not ensuring that the security cameras on the ship were functional, and failing to provide adequate sexual assault prevention training. The complaint alleges the government was negligent for failing to provide a reasonably safe workplace. Additionally, the suit alleged that the vessel was “unseaworthy” under maritime law. 

The lawsuit asked for damages for physical injury, pain and suffering, mental anguish, and other losses, along with back pay, front pay, attorneys’ fees, pre- and post-judgment interest, and any other awards the court deemed fair.

## What Is the Federal Employees’ Compensation Act (FECA)?

At the center of Dominguez’s case was whether the Federal Employees’ Compensation Act (FECA) covered her injuries; FECA is the workers’ compensation program for civilian federal employees. When an injury is covered by FECA, the law generally provides the exclusive remedy against the federal government, preventing an employee from pursuing a separate civil lawsuit for damages based on the same injury. 

In the now-dismissed lawsuit, Dominguez’s attorneys argue that the program is for injuries sustained in the performance of their duties and that it shouldn’t apply to something that happened off-duty after an evening spent socializing. [In the filing,](https://cdn.sanity.io/files/tqa76wn4/production/ce0450dfae11b6758ae7df8bbc6a93ce31680984.pdf?ref=legalexaminer.com) lawyers say the government would have to argue that she “should have expected to be raped at work when she decided to serve her country as a civilian mariner.”

The Labor Department came to a different conclusion. In June 2024, several months after Dominguez sued the government, a federal judge stayed the case while the Department of Labor determined whether her injuries fell within FECA. The department determined that her injuries were covered by FECA, meaning that the federal workers’ compensation system applied to her claim. The government’s attorneys argued that FECA applied because Dominguez lived on board the ship 24/7, even though sexual assault is not an expected part of a job. The court dismissed the lawsuit in August 2026, ending Dominguez's federal civil action and her request for a jury trial.

## FECA Workers’ Compensation vs. Civil Lawsuits

FECA claims generally must be filed within three years of an injury, while deadlines for civil lawsuits vary depending on the type of claim. Another major difference involves compensation. FECA provides medical benefits and wage-loss compensation for covered federal employees, but it does not provide damages for pain and suffering or emotional distress. When FECA applies, it also generally prevents an employee from pursuing a separate damages lawsuit against the federal government for the same injury.

FECA can provide compensation for conditions such as post-traumatic stress disorder, which may be especially relevant after a sexual assault. But the workers’ compensation system serves a different purpose than a civil negligence lawsuit. In Dominguez’s case, there will be no civil trial determining whether the government failed to protect her or whether its alleged negligence contributed to the assault.

## How Can an Attorney Help After Workplace Sexual Assault?

Dominguez’s case illustrates how FECA can affect the legal options available to federal employees who experience sexual assault, including when an alleged assault occurs while an employee is off duty but living at a worksite. The determination was based on the circumstances of her case and doesn’t necessarily mean that sexual assaults involving other federal employees will be treated as work-related injuries under FECA.

The legal options available after a [workplace sexual assault](https://survivorlawyer.com/sexual-assault/situations-settings/workplace/?ref=legalexaminer.com) can depend on several factors, including where the assault occurred, the survivor’s employment status, who committed the assault, and whether an employer or another party may have failed to provide a safe workplace. Workers’ compensation laws may also affect whether you can file a separate civil lawsuit.

If you’ve survived sexual assault in the workplace and are curious about your legal options, a lawyer can look at the circumstances surrounding your case and investigate whether your employer might be legally liable for what happened. An attorney can also explain which laws apply to your situation and whether you may have grounds to pursue compensation.