As a USPS last mile carrier, you probably love your job and the benefits that come from it. However, working for the USPS as a letter carrier can take a toll on the body due to all the walking one has to do daily. In particular, the job is rough on your back as you may have to carry large sacks of parcels and mail daily, sometimes up inclines as well as apartment stairs.

As a result, you may start experiencing signs of disc herniation such as pain that shoots down your left leg, typical of sciatica, as you get older. Or, you may find that you wince every time you go to pick up your satchel and place it on your shoulder, a sign of rotator cuff tear. Consequently, you may have applied for federal workers’ compensation and gotten it in the form of wage-loss compensation for a couple of months as you meet with specialists and are given epidural injections as well as physical therapy in an attempt to prevent the progression of the condition and the necessity for surgery. When the occasion called for it, you even availed yourself in order to work modified duty, and have acquiesced to the demands of your supervisors.

However, one day, out of the blue, you receive a letter from the Postal Service stating that you are being removed for “unacceptable attendance” and that your absences being due to your injury is inconsequential. According o their policy, if one doesn’t return to work after a year of limited duty or seek separation, they have the right to terminate you.

Understandably, this will feel like a gut punch to anyone who gave their life to USPS only to be treated as if they were disposable agents. As you sit at home, injured and with no income coming in, you may wonder if OWCP benefits will also stop given the fact that you were fire. The truth, however, is that your benefits cannot be suspended or stopped just because you were fired – your injury and subsequent disability takes precedence. If you’re an injured USPS worker terminated while receiving OWCP benefits, read on to find out how you can safeguard your benefits, medical care and so much more as you navigate your new normal.

Our Attorneys Are Ready to Help You!

Are you looking for a federal workers’ compensation attorney? Please call us NOW at (314) 481-63338 to learn more about your legal options. The experienced OWCP attorneys at McCready Law focus exclusively on representing injured federal employees, with deep expertise in the unique challenges facing USPS last-mile workers. Our attorneys handle claims nationwide, and we have unparalleled experience protecting benefits when employment ends, ensuring that your medical evidence and legal rights are presented with the force and precision necessary to overcome any challenge.

At McCready Law, we understand the panic of losing your job while injured. You are already dealing with pain, uncertainty about your future, and the physical and emotional toll of a career-ending injury. The last thing you need is to worry about whether your compensation will continue. We offer flexible fee arrangements that we can discuss, and our fees are reviewed by OWCP prior to our commencing your representation to ensure they are fair and reasonable, leaving you with the resources needed to focus on your health. If you were terminated while receiving OWCP benefits, please give us a call TODAY at (314) 481-63338 for a 100% FREE legal consultation with one of our federal workers’ compensation attorneys—our intake team is standing by.

Can OWCP Really End Your Benefits After Getting Fired from USPS?

The theory of OWCP ending benefits because you were summarily fired is something that a lot of OWP workers don’t understand or misinterpret. First and foremost, it is important to understand that OWCP benefits bear no resemblance to employment benefits which can end when your job ends. These benefits cater for the loss of your wage earning capacity due to a work-related injury, as authorized by the Federal Employees’ Compensation Act or FECA. The Federal Employees’ Compensation Fund is the source of the money you receive, and according to 5 U.S.C. § 8105, you are entitled to compensation if your disability is total. However, Section 8106 provides for compensation if you sustained partial disability, and there is nothing in these two sections which states that you must remain employed in order to continue receiving benefits.

That said, the only way you might lose your OWCP benefits is if you are provided with suitable work and then subsequently fired due to refusing suitable work, as underlined by  5 U.S.C. § 8106 and 20 C.F.R. § 10.517.

Suitable work, in this case, must meet the following criteria:

1. It must be within your medical restrictions whereby the position is consistent with your documented physical limitations as identified by your treating physician.
2. It must also be within your physical capabilities whereby it is actually something you can perform given your new normal.
3. It must also be within your commuting area, whereby an offer in a different city, or requiring over two hours of travel each way isn’t suitable
4. It must also pay comparable wages so that it takes into account your loss of wage-earning capacity.
5. The offer must be provided in good faith, and not as a pretext to then turn around and terminate your benefits because they knew you were going to reject it.

Forensic Evidence is Fundamental in USPS Injured Postal Worker Claims

Building a case on your behalf usually begins with our OWCP last mile worker attorneys engaging in forensic investigations; we will obtain your complete OWCP file and look at all the medical evidence, the compensation records as well as all correspondence to ensure all benefits are correctly calculated and continued. We also look at any weaknesses with regard to medical evidence to ensure all your T’s are crossed. In addition, we shall review the Postal Service’s notice of proposed removal and their final decision to see if it was based on your ability to work or light duty time limits. Lastly, if there are any witnesses such as coworkers or supervisors who can provide accurate testimony regarding your work history and the injury as well as the circumstances leading up to your termination, we shall obtain sworn statmements that will play a large role in reversing the Postal Service’s termination of benefits.

Nationwide OWCP Attorneys — Call Us Today!

If you were terminated from the Postal Service while receiving OWCP benefits, do not assume your benefits will stop. The law explicitly has your back, but you need someone who knows how to enforce it. The procedural requirements are strict, the deadlines are short, and the consequences of error are severe.

McCready Law has your back — simply give us a call NOW at (314) 481-63338 so we can speak with one of our experienced and attentive federal workers’ compensation attorneys. We will review your situation, explain your rights, and help you understand the path forward. Remember, the call is 100% FREE, and there is no obligation. Thank you for choosing McCready Law, and we look forward to helping you.