Injured Independent Contractor or Federal Employee? How this Designation may Rob You of Compensation
For a century, FECA has stated that if you’re a civilian employed by the federal government, you are eligible for compensation under the Act if you sustain an injury or develop an occupational illness in the line of duty or if said injury or illness prevents you from working at your position at full capacity.
This is an important distinction for injured last-mile USPS workers given the inherent danger associated with their job and the potential for injury in just about every other corner; from trips and falls to getting bitten by aggressive dogs or assaulted by members of the public and even exposure to harsh weather or environmental chemicals to workplace harassment on account of the high pressure work environment, USPS last mile workers really bear the brunt of just about everything that this job can throw at them.
That said, the rise of the gig economy which focuses on independent contracting, flexible schedules and the decentralization of workforces has created a grey area with regard to who is an independent contractor and who is a Bonafide employee of the federal government. This grey area may make it more likely for USPS management to allege that you do not qualify for compensation and thus avoid liability even after working for the agency for a considerable amount of time.
Determining one’s employment status for the purposes of compensation under federal workers’ compensation requires sophisticated strategy as well as the intricate deconstruction of your employment relationship, gathering of evidence and using relevant legal precedents in order to you are a federal employer and are therefore entitled to all benefits under FECA – read on to find out how exactly we do this as the best federal workers’ compensation law firm.
Our Experienced Attorneys Are Here to Help You!
Are you looking for the best federal workers’ compensation attorney? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced USPS last mile injury attorneys at McCready Law bring to the table over three decades of stellar experience where we’ve helped thousands of injured federal workers apply and qualify for benefits such as schedule awards after getting injured on the job while delivering mail for the USPS. We possess direct experience working with OWCP as well as OPM and pride ourselves in being able to act as liaisons between you and these federal agencies, helping expedite your claims by ensuring all your forms are filed in a timely manner and that you are seen by an OWCP-conversant physician who can write an objective medical report which demonstrates causation between your injuries or occupational illness and the work-related event that caused it.
In addition, we are adept at overturning any federal workers’ compensation denials by triggering appeals and representing you every step of the way. We also understand that this may be a financially trying moment in your life at the moment, and this is why McCready Law is proud to announce that we provide flexible monthly payment plans which we can discuss and come to an agreement on so you don’t have to worry about the cost of hiring a federal workers’ compensation lawyer, and instead focus on getting better as you leave the rest of the hard work to us. If you got injured in any way working as a USPS last mile worker, don’t delay as OWCP has strict filing deadlines – get in touch with us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation; our intake team is standing by.
Independent Contractor or Federal Employee? Why this Matters for Injured USPS Workers
It is important to note that the difference between an independent contractor and a federal employee is simple and uncomplicated, and that being able to prove the same qualifies you for FECA benefits as an injured or unwell USPS worker. That said, last-mile workers, who sometimes use their own vehicles to cover their sectors may be alleged by their employing agency to be independent contractors. That said, OWCP who oversees federal workers’ compensation doesn’t just rely on arbitrary labels – it takes a look at concrete evidence to determine if you are a federal worker deserving of benefits after an injury.
Let’s take a look at OWCP’s criteria when it comes to determining employment status:
- Control over the work performed – This is perhaps the most important index when it comes to determining whether you are eligible for benefits after an injury. Does the company determine your delivery routes, the time frame for completion, ask that you use a company app which tracks your performance as well as location in real time? If you answered YES to any of these questions, then consider yourself to be a Bonafide federal employee as an independent contractor has a high degree of freedom with regard to how they perform their duties.
- Method of payment – While an independent contractor submits invoices for their work on a regular basis, an employee is salaried and received a regular wage or hourly rate. That said, the gig economy has blurred the lines where workers often get paid per package delivered – in such instances, they may still be considered employees if their earnings are controlled or determined by the company’s algorithm.
- Provision of tools and equipment – An independent contractor is responsible for providing their own tools as well as their own workspace. While you may use their own vehicle for deliveries as a USPS last mile worker, if your employer provides you with a communication device, uniform, scanner or even routing software, one can argue that you stop being an independent contractor and that you are an employee.
- The right to hire and fire – If your employer requires that you first let them know before having a substitute under you, it shows that they have power over the hiring and firing of individuals and not just contracting for a specific service making them your employer, meaning that you qualify for federal workers’ compensation benefits.
Best Federal Workers’ Compensation Lawyers for USPS Workers – Call Today!
We understand that all of this may seem confusing as there are many evidentiary standards you must meet which is why we would like to ask that you give us a call NOW at (314) 481-63338 regardless of where you are in the country so we can provide you with customized information and solutions regarding your injuries and the circumstances surrounding them as a USPS last mile worker. We shall go over our strategies, help you gather any evidence, find witnesses who can testify on your behalf regarding the control your employer had in the performance of duties, and present a compelling case on your behalf to OWCP. Remember, the call is 100% FREE and there is no legal obligation. Thanks for choosing McCready Law best federal workers’ compensation attorneys, and we look forward to helping you.