USPS workers are prone to injury simply due to the mobile nature of their jobs. From having to walk for miles each day to deliver packages and mail to areas where their vans may not get to, to braving aggressive dogs and clients, and even harsh weather such as intense cold or the unforgiving Nevada or New Mexico sun, these individuals often perform thankless jobs and put themselves in hazardous conditions just so they can serve the average American and make sure that their packages get to them in a timely manner.

When one gets injured as a last mile worker, it is the role of the federal workers’ compensation attorney to defend them in a manner that makes clear their injuries, as well as prove that the cause was related to a specific injurious action. That said, it is not uncommon for OWCP claims officers to allege that you engaged in willful misconduct or “deviated from the official route” and that you were no longer acting in the performance of your duties when the injurious event occurred. It is important to counter these allegations by showing your actions were not an abandonment of your job, but rather a minor, reasonable human deviation which falls within the zone of employment, making your injury compensable under the FECA law – read on to find out more.

Get Legal Experienced Help

Are you looking for a 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.

Common Reasons for OWCP Claims Denial

OWCP may opt not to approve a request for compensation by stating that the USPS last mile worker engaged in willful misconduct. That said, in order for them to deny a claim on this allegation, they must prove that your actions were a deliberate, intentional violation of a known rule under a conscious disregard for their own safety. Therefore, the burden of proof rests squarely on the employer, and that the action must be intentional or truly reckless.

Should OWCP opt to take out the deviation from route card, they will argue that by leaving your assigned route for a personal errand, you essentially abandoned employment and therefore any injury you sustain during this time isn’t work-related. OWCP uses this defense often especially when your injury occurs at a location that is different from a direct delivery address.

Let’s take a look at how McCready Law federal workers’ compensation attorneys rebut these

We usually start by affirming that employment is not confined to a rigid, step-by-step performance of a task and that a zone of employment usually has an in-built reasonable margin which includes minor deviations for either convenience or personal comfort. In addition, case law states that you do not have to be on the clock at the moment of an injury in order to be covered. The zone of employment does not have physical demarcations but it is a functional area which includes minor personal acts that are to be expected, and are interwoven with the performance of duty that they do not impact your employment.

Some of these activities may include the following:

1. Using a public restroom
2. Stepping into a neighbor’s property to retrieve a piece of misdelivered mail
3. Making a short phone call that is not work-related
4. Stopping at a convenience store in order to get a snack or a drink of water

Documentation forms a vital part of an OWCP rebuttal. To this end, the following will be collected:

1. Your sworn testimony which is perhaps the most impactful piece of evidence; we shall make sure that it is coherent, honest and detailed and will include an explanation into the duration, purpose and proximity of the deviation to demonstrate the reasonableness of the deviation
2. The context of the job which will detail your routes, regular schedules and the need for constant movement. To this end, minor deviations are to be expected as part of the job and that a momentary break fits within the requirement for personal judgment associated with OWCP last mile worker activity
3. The lack of available alternatives also steps in as a powerful factual argument; if you for example you stop to use a public restroom at a gas station and inadvertently get injured, we can prove that due to the lack of alternatives for miles away along your direct route, your deviation was a necessity rather than a convenience.
4. The employer’s historical acquiescence is also a vital piece of evidence in your OWCP rebuttal; if your employer historically looked the other way or tolerated minor deviations for personal errands or unexpected events, then one can argue they have acquiesced to this practice and that they cannot deny you your benefits as an injured USPS worker.

Nationwide Federal Workers’ Compensation Attorneys – Call Us Today!

If you were a victim of OWCPs rigid definitions of scope of employment and got your federal workers’ compensation claim denied, please give us a call NOW at (314) 481-63338 so we can take a look at the facts surrounding your claim in order to build a compelling narrative on your behalf so we can secure the benefits you deserve under federal workers’ compensation. We take on claims nationwide, and your first consultation is 100% FREE. Thanks for choosing us, and we look forward to helping you.