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Workers Comp for Truck Drivers – Misclassification of FedEx Ground Truck Drivers

If FedEx had classified these drivers as employees, they would have been responsible for paying federal and state taxes, fringe benefits, healthcare, pensions, unemployment insurance, and workers’ compensation insurance.

It is very important for business owners to correctly determine whether a person providing services for them is an independent contractor or employee. When a business has employees, they must withhold income tax, Social Security, and Medicare taxes and pay unemployment tax. In addition, Missouri law requires all employers with 5 or more employees to carry workers’ compensation insurance. However, taxes are not withheld for payments made to independent contractors.

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Law Office of James M. Hoffmann
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Higher this workers compensation lawyer. no question about it top notch.
Every lawyer we spoke to said call this law firm for very serious worker’s compensation claims. They do the biggest workplace injury and death cases.
Response from the owner: Thanks Dylan. Here are a few things injured Missouri workers should immediately after the injury: report the injury in writing; if the employer says that he/she will fill it out and refuses to let you fill out the injury report, you can prepare a letter about what happened and give it to your boss (keep copies and date it!); ask for treatment: just telling your boss that your back is hurting isn't good enough; say "my back is hurting from breaking up concrete and I'd like to see a work comp doctor:; if your boss refuses, give your boss a letter confirming that you reported a back injury, asked for treatment, and it was refused; when you see the work comp doctor and the front desk gives you intake sheets that don't ask all of the necessary questions about what happened and only what x's and o's: just write anything anywhere you want to so that you explain how you go hurt and what body parts are hurting; on the body chart, circle your low back and write "back pain that shoots down my right leg"; if your employer gives you work that exceeds the light duty restrictions, refuse to do that work and give your boss a letter confirming what has transpired (date it and keep copies); when the work comp doc releases you in pain and blames a pre-existing condition even though you had no prior pain, no prior treatment and no prior limitations; give that doctor a letter :"Dr. No: to confirm, I am very upset that you are releasing me and sending back full duty despite ongoing pain from my work injury. My back pain is still a 4-7/10; it wakes me at night; and light duty was making it worse. You said I've healed from my injury and any ongoing issues are due to pre-existing arthritis. I told you I had no prior pain; no prior treatment; and no prior limitations. All of my pain, treatment, and limitations started with my work injury and have never resolved. If my back gets worse at work working full duty, I will hold you personally responsible."
This law firm does Workers Compensation. The head lawyers, James and Remy, really know their stuff on workplace injuries due to a work accident on the job. Injured employees is all they represent.
Response from the owner: Thank you Heather. We represent injured workers and injuries due to car accidents. We frequently retain experts, such as orthopedic surgeons, neurosurgeons, pain management doctors, vocational experts, life care planners, and others to fight for our clients as expert witnesses in court.We represent people across the entire state of Missouri from St. Louis to Kansas City, from Joplin to Kirksville, from Columbia to Kennett. Neck fusions, lumbar fusions, cervical disc replacements, lumbar disc replacements, shoulder replacements, knee replacements, meniscus tears, rotator cuff tears, ankle fusions, loss of limb, paralysis, and death, we have helped many workers and families recover compensation either by settlement or by trial.James Hoffmann, attorney2001 S. Hanley, suite 325St. Louis, Mo 63144314 361 4300
This lawyer is a workers compensation machine. Fights for injured workers hurt on the job and denied medical after a work accident.
Response from the owner: LexiWriting a proposed award for an upcoming work comp trial for an injured Missouri worker. L4-S1 lumbar fusion with plates and screws. Pursuing permanent and total disability plus denied medical. Here is the case law on denied medical in MO workers compensation:The employer is held liable for medical treatment procured by the employee only when the employer has notice that the employee needs treatment, or a demand is made on the employer to furnish medical treatment, and the employer refuses or fails to provide the needed treatment. Hawkins v. Emerson Electric Co., 676 S.W.2d 872, 880 (Mo.App.1984).The courts have consistently held that an award of past medical expenses is supported when the employee provides (1) the bills themselves; (2) the medical record reflecting the treatment giving rise to the bill; and (3) testimony identifying the bills. Martin v. Mid-America Farm Lines, Inc., 769 S.W.2d 105, 111-12 (Mo. 1989). The pertinent case law requires employee to prove that the past medical expenses were “due” to support an award of interest. McCormack v. Stewart Enters., 956 S.W.2d 310, 314 (Mo. App. 1997). As explained in McCormack, this means employee must show that he actually paid the bills, or received demands that he pay interest on the bills, or suffered some other loss, such as a doctor refusing to provide additional treatment until employee paid his bill. Id.
Great attorney to work with. Work injuries and workers compensation is his specialty. Known as “the best” and that is 100% accurate.
Response from the owner: Thanks DJ. When the workers comp doctor treats you for an on the job injury, releases you still in pain, and then blames pre-existing arthritis as the cause of your ongoing knee, hip, shoulder, or back pain, make that doctor answer these questions: Please explain why you allege pre-existing arthritis when, before the injury, I had no knee/neck/shoulder pain; I had no limitations at work; I sought no treatment; I enjoyed xyz activities. All of my pain, my limitations, my need for treatment. started with the work injury and my pain has never stopped. Then say "let's look up the definition of arthritis": arthr means joint and itis means inflammation and pain... I had no inflammation or pain before the work injury. I may have had natural degenerative changes in my joints, but I had no pain, no limitation, no treatment. All of my pain and inflammation started with the work injury.
Found this workers comp attorney on Google for a friend in St. Louis. Great reviews. This lawyer was by far much better than the others we interviewed. This was a bad injury and Mr. Hoffmann got him payments for life.
Response from the owner: Missouri work comp law mandates compensation for either partial disability (PPD) or permanent total disability ( PTD). Employees who can no longer work seek PTD which is either a lump sum by settlement or, if the parties cannot settle, then a trial a weekly check for life is sought, plus back pay and future medical care.
This lawyer does complex workplace injury cases resulting in total disability. If badly hurt at work, this is the attorney to hire for your workers compensation claim. You don’t get a second chance! Hire James!
Response from the owner: Thanks Angela. You are correct. You get one chance to win. Injured workers from across Missouri have hire me to represent them. Joplin, Springfield, Cape Girardeau, Kennett, Fenton, Kansas City, Poplar Bluff, St. Louis, Moberly, Kirksville, Columbia, Chillicothe, Sedalia, Moberly, St. Joseph, Nevada, Neosho, West Plan, Sikeston and other Missouri residents have hired me for their work comp or car accident case. Permanent total disability claims are life changing. Your attorney needs to hire experts and be thoroughly prepared for trial. Law Office of James M. Hoffmann314 361 4300
Great workers comp lawyer. I recommend this lawyer for anyone injured at work and having to file a Work Comp claim. He is in St Louis and does cases all over Missouri. He fights for you and Workers Comp claims are a fight.
Response from the owner: Thanks Leisa. We are proud to fight for injured Missouri workers. Our clients have required neck and low back fusions, shoulder replacements; knee replacements; carpal tunnel surgery; amputations, disc replacements, and other various injuries. We fight for future medical care as well as either perm partial or perm total benefits.James Hoffmann, attorney314 361 [email protected]
A workers compensation judge told me to hire this lawyer for a relatives work comp claim. He was right, this lawyer is great.
Response from the owner: Thanks Hadleigh. I've handled 100 plus trials and 1000's of injury claims for injured workers over the past 25 years across the entire state of Missouri. Unlike these large law firms with their silly ads and their monthly settlement quotas, I hire experts and try cases. I've represented Missouri workers comp claim adjusters and insurance company doctors because they know I fight for injured workers.Gold blessJames Hoffmann, attorney314 361 4300
Work injury cases need a great lawyer who will fight to get treatment and pay. This lawyer does it. Most do not. He also gets you rated. Most lawyers do not. Best lawyer for Workers Comp in St. Louis.
Response from the owner: I appreciate your kind words ReAnna. I do not hesitate to hire experts for reports from pain management doctors, shoulder specialists, back specialists and life care plans for catastrophic injuries. If a biased work comp doctor releases my client too early and my client wants more treatment, we send the injured worker to our docs for opinions on additional treatment. Whether the injuries are work comp or a car accident, we spend a lot of money on expert witnesses.Law Office of James M HoffmannSt. louis, MO injury attorney314 361 4300
Great service use Hoffman a few back
Response from the owner: Proud to be representing injured Missouri workers and car accident victims for over 25 years. The law firms advertising bigger is better is a bunch of crap. Being in Missouri courts for 25 years, trying cases for 25 years, and taking 1000's of expert depositions for 25 years makes you a good lawyer.James HoffmannMissouri personal injury and workers comp lawyer.314 361 4300
James Hoffman has done a great deal of work for me since my accident and he's been working very hard to get me back on my feet he fights for his clients and I very well appreciate him.
Response from the owner: Thank you Gladys. It is my passion to fight for the injured in Missouri. You suffered severe injuries requiring surgery. Insurance companies think injury claims are a game but its not. People have bills to pay and family to provide for. Unlike the "big" law firms that settle cheap to pay for advertising costs, I hire experts and try cases. God bless.
Mr. Jim Hoffman is the best Lawyer in Mo, If I just can give him a 10 star out of 5 I will give him a 10 star, They are the greatest.
Response from the owner: Very kind of you Sonya. Both workers comp and car accident insurance companies like to play the game of blaming pre-existing degenerative changes even though someone had no prior pain, no prior limitations, and no prior treatment to the body part at issue. This happens a lot with back injuries such as herniated or ruptured lumbar and cervical discs that require a fusion or disc replacement surgery. I have developed an extensive cross examination of the insurance company experts to expose their flawed opinions. Glad to fight for the injured.Jim HoffmannSt. Louis injury attorney314 361 4300
amazing service, got my speeding ticket (which was over 40) down to a parking violation.
Response from the owner: Car accidents, work comp, and other injury claims in Missouri are my specialty. But, glad to help anyone in need. If I don't practice in the area, such as discrimination or medical malpractice, I will refer only to the best attorney's who I know and trust.
Does great with Workers Compensation cases in Saint Louis, MO area.
Response from the owner: Work comp and car accident cases in Missouri for over 25 years. We have sued trucking companies for wrongful death. Our clients have undergone lumbar/cervical fusions, shoulder surgeries,knee surgeries, hip replacements, carpal tunnel, ankle replacements.. we know injuries. We hire experts. We try cases.ThanksLaw Office of James M Hoffmann314 361 4300
Jim is the one you should choose if you are looking for a good relationship with your attorney. He is there to answer questions and gets you what your case is worth.
Response from the owner: Thank you Edward. Missouri workers compensation has become a battle ground. The insurance companies have taken over Jeff City and the laws are become more employer/insurer friendly. We hire experts, take a lot of depos, and try cases every year. Missouri injury claims are our speciality. Jim Hoffmann
Everyone on staff is incredibly polite and always ready and willing to help. I had several questions along the way through out my case and Jamie was always there to get my questions answered. With the efforts of Mr. Hoffmann and his staff I had a very favorable result and they took great care of my case. I had the pleasure of meeting Mr. Hoffmann and he truly is a "salt of the earth" kind of guy. 10/10 Would recommend to anyone in need of these services!
Response from the owner: Thanks Danielle. Whether a work comp case or a car accident injury, people need an injury lawyer to battle the insurance companies. Adjusters claim they are not trained to deny claims, but when deposed they admit to profit sharing retirement plans: more they deny means more profits they share. Thank you for your confidence in my practice. Glad to help those injured in Missouri.Jim Hoffmann
James law office he is a good lawyer to represent you when you need a lawyer when you get hurt on the job. Jamie his secretary does an outstanding job for his to anybody.
Response from the owner: Fighting insurance companies for injured workers is our passion. Across the state of Missouri, we represent those hurt on the job. Work comp insurance companies are nothing but bullies to injured employees. Thank you for the kind words Jerry!
I was injured at work, Mr. Hoffman and his team handled my case. I was very pleased with them. Very nice, when I called I always got help or a call back with answers to my questions. I also meet Mr. Hoffman, it wasn’t an associate. He greeted me on my first visit and when I went to receive my settlement, he talked with me, and thanked me.
Response from the owner: Missouri workers compensation recognizes both acute and repetitive use on the job work injuries. And, even if you have prior degeneration in a joint, that doesn't mean that the joint cannot be hurt. Be clear with the work comp doc if you had no prior issues and that all of your pain started with your job duties.
Excellent attorney and his staff is amazing. They listen, communicate very well, and are patient, kind, extremely knowledgeable, and understanding. Best of all, they get things done!! Highly recommend for anyone dealing with a worker's comp case.
Response from the owner: Thank you. It's our passion to fight for the injured Missouri worker. Across Missouri we have helped 1000's of employees injured on the job in areas such including Kansas City, St. Louis, Springfield, Cape Girardeau, and Hannibal. Work comp and car/truck accidents are our specialty.Law Office of James Hoffmann2001 S. Hanley 63144314 361 4300
Jim has represented me and my son. We were extremely pleased with the entire experience and outcome.
Response from the owner: Thank you Dave. Glad to help anytime!JimLaw Office of James M. HoffmannBrentwood, MOPersonal Injury and Work Comp
You’re not a number, you’re a person.Jim treats you like family. He doesn’t treat you like a paycheck.There’s a reason why he’s so highly rated.
Response from the owner: Thank you Mike. I don't like insurance companies. They bully people in an effort to pay as little as possible. Glad to lead the fight. Injuries can be life changing and fair compensation should be paid.
If you're looking for a good lawyer who knows what he's doing and has many years experience in workers comp, Jim is the lawyer you want to hire. I've dealt with him for many many years and he is a good person
Response from the owner: Thank you. It's our job to fight the workers comp adjusters for injured workers across Missouri. 100% you need a work comp attorney as the employer/insurer have a lawyer from day one.Law Office of James M Hoffmann314 361 4300
Love this lawyer. Great for work injuries if you file a workers comp case in St. Louis.
Response from the owner: Thanks Sophia and apologies for the late reply. This just popped on my screen to reply to. Injured workers need a lawyer. Fighting alone against an insurance company, the insurance company lawyer, the employer, and the insurance company doctors is an impossible battle for an injured employee. The insurance company will schedule FCE, functional capacity evals, which are not allowed. The adjuster will schedule neuropsych evals which are not allowed. Insurance doctors will blame ongoing pain and limitations on pre-existing arthritis even though the patient had no prior issues. I am glad to lead the way and will fight the insurance companies with my experts and my trial experience.Jim Hoffmann
This is a very good lawyer for St. Louis workers compensation cases.
Response from the owner: Thank you Sofia. A work comp insurer refused to pay for medical care that was ordered per a trial award I won for an injured client. I then went back to court for a second trial and the court "commuted" the future medical award to a lump sum of $800,000. These work comp adjusters simply don't care. Workers' compensation attorneys need to hire experts and go to trial so a message is sent.God bless,James Hoffmann314 361 4300St. Louis, Mo work comp lawyer
He's my attorney he's real good I would highly recommend him
Response from the owner: Thank you John. As you now know, Missouri work comp can be a battle with insurance doctors trying to downplay your condition. We are fighting for you. Thank you for allowing me to be your workers compensation lawyer.James HoffmannSt. Louis, MO314 361 4300
Amazing attorney that gets results. I had a previous attorney that talked big, but opposing council were corporate attorneys and steamrolled him. I switched to Jim and he was no fear toe to toe with the corporate machine. Since getting Jim I am receiving medical treatment and weekly benefits I was previously denied!
Response from the owner: Glad we won the work comp hardship hearing and got medical/wage loss benefits reinstated. Very happy to be your St. Louis workers compensation lawyer. I appreciate your kind words. James Hoffmann
Great Attorney
Response from the owner: Very kind of you Aubrey. Thank you for allowing me to be your attorney for your work injury. Stay great my friend!
They help me out so much
Response from the owner: Herniated discs; rotator cuff tears; and other work injuries requiring surgery are serious injuries. Glad to be your work comp lawyer.
Great staff and Jim is awesome with your true best interests at heart
Response from the owner: Thank you for your confidence in my practice Myles. Our passion is to help injured workers and those hurt by bad drivers.
I have known Jim Hoffmann for over 30 years, and you will not find a better attorney or a more honest, genuinely caring person. He will go to bat for you, and will not give up until he gets you the best possible results.
Response from the owner: Thank you Tim. Missouri workers compensation is my passion. Injured workers need help against billion dollar insurance companies, biased doctors, and bosses who retaliate.
Best workers compensation lawyer in St. Louis, Missouri. Mr. Hoffmann is a pro. He handled all the problems with forcing the employer to provide treatment. He tripped them up when the employer said it was not related to work. Got a large settlement for my work injury approved. Mr. Hoffmann is a good person!
Response from the owner: Thank you Jackie. It surprises me that so many employers deny repetitive use claims. Work injuries under Missouri workers' comp can either be acute or repetitive. Glad we were able to get you medical treatment, TTD, and a nice settlement.James M. HoffmannYour Missouri Workers' Comp Lawyer314 361 4300
The best workers compensation lawyer in Missouri, Jim is the best .... returns calls, e-mails, answers questions honestly, just a straight forward lawyer, which are hard to find. Totally recommend Jim, he's definitely who you want in your corner during hard times .... thanks again Mr. Hoffmann !!
Response from the owner: Very kind of you Andre. My son. Remy, is in law school and will join me in a few years. Thanks again for allowing me to represent you in your Missouri workers compensation claim. Stay great my friend!
jim helped with a recent car accident. Jim found a doctor for me. helped recover my lost wages and other bills. jim made it very easy,
Response from the owner: Thanks Tom. Having admissible evidence is the key to settling or trying a car accident claim. In addition to the medical records, we will have an expert testify as to causation, permanency, and future medical care. For catastrophic injuries such as brain damage or paralysis, we will obtain a life care plan and wage loss expert. it is critical that the attorney hire experts as the insurance companies spare no expense in fighting the injured.Jim Hoffmann314 361 4300
Mr. Hoffmann did an excellent job fighting on my behalf! He is extremely competent and I would highly recommend him for any workers comp cases!
Response from the owner: Thank you Sean. I sincerely appreciate your confidence in my work comp practice. We represent injured workers across the state of Missouri. The fight never ends as adjusters only care about their profit sharing plan: lower payments means higher profits and we won't let that happen to our clients.Glad to help anytime.Law Office of James M. HoffmannSt. Louis, MO314 361 4300
Mr. Hoffman and his staff were very nice. He helped me obtain a settlement when I was injured at work. They made me feel very comfortable with them handling my case. They explained everything. I'm so sorry that it wasn't under different circumstances.
Response from the owner: Thank you Tammy. We appreciate your confidence in our practice. Helping injured workers from every part of Missouri, and workers hurt in MO but who live in another state, is our specialty.Glad to help anytime.Law Office of James M. Hoffmann314 361 4300St. Louis, MO Work Comp Lawyer
Attorney Hoffmann is very good if you have a work related injury. Consulting a lawyer is your only option if you file for workers compensation. Employers fight work injury claims very hard and you need a lawyer like Mr. Hoffmann that fights back even harder.
Response from the owner: Thank you Rosalyn. We just had a trial on a denied carpal tunnel case where the employer/insurer played all sorts of games. Hopefully this case will result in new favorable case law that helps injured Missouri workers with their work comp cases. Had the case of the year in 2013 that helped employees. Hope to have another!Law Office of James M. Hoffmann314 361 4300St. Louis Workers Comp lawyer
For workplace injury these lawyers are the best in St. louis .Mr Hoffman is very professional and does a great job for people who are injured at work and have to file for Missouri workers compensation. Thanks for your help. I highly recommend this law firm.
Response from the owner: Thank you Patricia. Workers compensation is all by statute. Lawyers know the law and it's our job to get you medical care, wage loss, and either a settlement or trial. Glad to helpHere's a new Missouri work comp law effective 8 28 2017: get a rating within one year of the workers comp doctor rating or you are stuck with the low rating of the EC doc. To get a good rating, you need a Missouri work injury lawyer who know which docs will fight for you.Law Office of James M. Hoffmann314 361 4300St. Louis Workers Compensation Attorney
Having found this workplace accident attorney, I was very happy with their legal representation. it was a pleasure dealing with lawyer and his staff. Very professional Missouri workers compensation lawyer.
Response from the owner: Thank you Ken. Not much is fair about the Missouri work comp process. I'm biased, but every injured worker should consult a workers compensation lawyer immediately after being injured. An employee has no chance against billion dollar insurance companies , their attorneys, and seasoned docs who know how to deny cases.Glad to help anytime.Law Office of James M. HoffmannSt. Louis Workers Compensation Lawyer314 361 4300
I am very happy I was referred to this work comp attorney. This attorney is the best you will find in St. Louis, he only does Missouri workers compensation cases for injured employees.
Response from the owner: Thank you Melody. We are helping injured workers all across Missouri as the work comp adjusters frequently deny benefits or doctor shop. Glad to help hurt employees whether it's a strain, a fusion surgery, or a deceased loved one.Law Office of James M. HoffmannSt. Louis workers compensation314 361 4300
This is the best of the best of work injury lawyers. Workers are often injured on the job. When we get injured, the employer fights our workers compensation claim as well as our treatment. This attorney is great if you get injured at work.
Response from the owner: Thank you Ryan. Workers comp is getting tougher in Missouri for injured employees as Jefferson City is passing more laws that favor the insurance companies. Your Missouri attorney needs to get experts, take depos, and prepare the case for trial. They won't offer future medical care or agree to a perm total.... your work comp attorney needs to fight for it. Hard work pays off!Law Office of James M. Hoffmann314 361 4300
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It is so important for a company to determine this, as made clear in recent months when FedEx Corp. agreed to settle a suit for $228 million due to the misclassification of its FedEx Ground drivers. This settlement comes in the aftermath of a 2014 Ninth Circuit ruling that FedEx misclassified its drivers as independent contractors.

Employee vs. Independent Contractor

FedEx had maintained that these workers were not misclassified. Yet, some 2,300 FedEx Ground drivers were involved in a class action lawsuit over their pay as independent contractors rather than employees.

If FedEx had classified these workers as employees, the employer would have had to pay federal and state taxes, fringe benefits, healthcare, pensions, unemployment insurance, and workers’ compensation insurance. However, simply saying that these drivers were independent contractors was not sufficient. A distinction lies in how much control the employer exerts over the worker.

3 categories provide evidence of the degree of control, thus determining how a worker is classified. First, does the company control how and when the worker does his/her job? Second, are the business aspects of the job controlled by the payer? Third, have written contracts or employee benefits been established?

Concerning the misclassification of the FedEx Ground drivers, FedEx only left small decisions up to its workers but maintained all necessary control over when and how the drivers operated. Based on the criteria of the 3 categories mentioned above, this would have classified the drivers as employees, not independent contractors.

Workers Compensation for FedEx Ground Workers

For employees who are injured on the job, work comp pays for medical treatment, future medical care, tax-free lost time benefits at about two-thirds of your average weekly earnings, and either permanent partial disability or permanent total disability. The law requires prompt payment of benefits at no cost if you sustain a work-related injury covered under the law. The work comp carrier can be sanctioned at trial if any part of your claim is defended without reasonable grounds.

These drivers were misclassified but are employees, not independent contractors. They should file their workers’ compensation claims against FedEx.

Contact a St. Louis Work Comp Lawyer

You should be receiving treatment for ALL of your injuries, not just the ones the insurance company wants to accept. Do not let the carrier deny you benefits. Aggravation of pre-existing conditions are valid claims, especially if you were not having any pain or treatment leading up to your injury at work.

Our legal team has a strong history of helping injured workers get the medical attention and financial compensation that they need. Contact our St. Louis Work Comp Lawyer to ensure that your rights are protected. Please call (314) 361-4300 or toll free at (314) 361-4300. You can also complete our Online Case Evaluation Form.

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photo credit: Tobyotter

Updated: June 13, 2024