When you’re injured by someone working for the federal government — like a doctor at a VA hospital, a driver at a military base, or a construction worker on federal property — your first instinct is usually to hold the government responsible.
But under the Federal Tort Claims Act (FTCA), that’s not always possible.

That’s because the FTCA allows lawsuits only for negligence committed by federal employees, not by independent contractors.

This distinction — employee vs. contractor — is one of the most confusing and important issues in FTCA law. It can make the difference between a six-figure recovery and no recovery at all.

At National Security Law Firm (NSLF), we handle these complex federal injury claims nationwide. Our attorneys are former federal and military lawyers who understand how agencies define “employees,” how contractors are structured, and how to uncover when the government is still responsible even if it claims otherwise.

Our goal in every case is simple: to maximize your settlement or judgment by identifying every party who can be held accountable.

The Federal Contractor Loophole

The Federal Tort Claims Act makes the U.S. government liable for the negligence of its employees acting within the scope of their jobs — but it explicitly excludes independent contractors.

⚖️ 28 U.S.C. § 2671 defines “employee of the government” to include officers and employees of any federal agency, but specifically excludes contractors.

In plain English:
If the person who injured you wasn’t on the federal payroll, the United States might argue it can’t be sued — even if the injury occurred at a government facility.

This loophole is one of the government’s favorite defenses. Agencies frequently outsource services (especially at the VA, TSA, and military bases) and then deny responsibility when things go wrong.

Common Contractor Scenarios

Contractor-related FTCA disputes arise in nearly every federal setting:

1. VA Hospitals and Medical Facilities

Many VA doctors, nurses, and specialists are actually contract physicians working through private companies.
If a contract doctor commits malpractice, the VA may claim the United States isn’t liable.

2. Military Bases and Federal Buildings

Maintenance, construction, and janitorial services are often performed by private contractors.
If you slip on an unmarked wet floor or are injured by defective equipment, the agency might blame the contractor.

3. Postal Facilities and Federal Courthouses

The Postal Service and GSA frequently hire private contractors for cleaning, snow removal, and landscaping — creating liability confusion when someone gets hurt.

4. Federal Prisons and Detention Centers

Private prison companies and medical contractors handle many federal detainees. If an inmate or visitor is injured, it’s often unclear whether the U.S. or the private contractor is responsible.

🧠 Example: A patient is injured during surgery at a VA hospital. The VA denies responsibility, claiming the surgeon was employed by a private medical group. We obtain the contract and discover the VA controlled his hours, tools, and procedures — proving he functioned as a federal employee. The case moves forward under the FTCA.

How Courts Decide “Employee” vs. “Contractor”

Courts look at several factors to determine whether a negligent person was a federal employee or an independent contractor under the FTCA.
The most important factor is control — specifically, whether the federal agency had the right to control how the work was performed.

Factor Favors Employee Favors Contractor
Who controls day-to-day operations? Government sets schedules and duties Contractor works independently
Who supplies tools and workspace? Government provides equipment and office Contractor provides own materials
Who supervises the work? Federal supervisor oversees tasks Contractor’s management directs staff
Who pays salary and benefits? Federal government Private company
Is the person listed on the agency’s payroll? Yes No
Can the government fire or discipline them directly? Yes No (only through contract termination)

No single factor controls — courts look at the total relationship.

At NSLF, we gather contracts, time records, pay data, and testimony to show that a worker the government calls a “contractor” was actually treated as an employee in practice.

If we can prove that, your case proceeds under the FTCA.

When the Government Is Still Liable for Contractors

Even when a negligent person is a contractor, the U.S. government can still be liable in several key situations.

1. Negligent Supervision or Retention

If the government knew (or should have known) a contractor was unsafe but kept them anyway, it can be liable for negligent hiring, supervision, or retention.

2. Non-Delegable Duties

Some duties can’t be handed off to contractors. For example, maintaining safe premises or providing adequate medical oversight are non-delegable duties in many cases.

3. Inherently Dangerous Activities

When a contractor performs an inherently hazardous task — like explosives disposal or prisoner transport — the government can still be responsible for resulting injuries.

4. Joint Control or “Borrowed Servant” Doctrine

If a contractor works side-by-side with government employees under their supervision, they can be treated as a “borrowed servant” of the United States — making the government vicariously liable.

💡 Example: A military base contracts out vehicle maintenance. A contractor mechanic, supervised by base personnel, fails to secure a brake line, causing a fatal accident. Because federal staff directed the work, the government can still be held responsible.

When Contractors Are Solely Liable

The U.S. government isn’t responsible for truly independent contractors who:

  • Provide their own employees and equipment

  • Operate under a private contract with little or no federal supervision

  • Maintain full control over their work

  • Are insured separately

In those cases, the proper defendant is the contractor or company itself, not the United States.

⚠️ Example: A janitorial company with an independent contract to clean a federal building fails to mop up a spill, causing a visitor to fall. The GSA had no direct control over their work. The visitor must sue the cleaning company, not the government.

When this happens, we help clients pivot quickly — pursuing claims directly against the private contractor while preserving all possible FTCA claims against the government.

Why the “Contractor Defense” Is So Common — and How We Beat It

Federal agencies increasingly outsource essential services — and with that outsourcing comes finger-pointing when things go wrong.

We’ve seen countless cases where agencies hide behind the contractor label to avoid paying damages. But our attorneys have decades of federal experience and know how to cut through the paperwork.

Our strategy includes:

  • Filing Freedom of Information Act (FOIA) requests to obtain the contractor’s agreement with the agency.

  • Analyzing who controlled daily work, safety procedures, and performance evaluations.

  • Deposing agency supervisors to show government oversight and control.

  • Identifying other federal employees who contributed to the negligence (e.g., failing to inspect, train, or supervise).

⚔️ We don’t take “contractor” for an answer. We dig until we find the truth — and if the government’s fingerprints are on it, we make them pay.

Filing Your FTCA Claim

Even in contractor-related cases, the first step is the same: file an administrative claim (SF-95) with the appropriate agency.

You must:

  • File within 2 years of the injury,

  • Include a detailed description of what happened,

  • Specify a “sum certain” (the dollar amount you’re claiming), and

  • Attach supporting documents (medical bills, photos, reports).

If the government denies responsibility because it claims the person was a contractor, we review the denial and determine whether it’s valid — or whether the government is simply hiding behind a technicality.

👉 Learn more in our Step-by-Step Guide to Completing the SF-95.

How National Security Law Firm Maximizes FTCA Contractor Claims

Our attorneys bring federal insider experience to every case. We’ve worked inside the very agencies we now hold accountable, giving us unique access to how they think, defend, and settle.

Here’s how we help:

  1. Identify the Correct Defendant(s): We determine whether the federal government, the contractor, or both can be sued.

  2. Prove Government Control: We gather evidence showing the agency directed or supervised the contractor’s work.

  3. Pursue All Avenues of Recovery: We file claims against both the U.S. and any private entities to ensure nothing is left on the table.

  4. Negotiate Aggressively: We use litigation leverage and trial readiness to push for full-value settlements.

  5. Maximize Compensation: We quantify every dollar — medical, economic, and emotional — to achieve the highest possible outcome.

🪖 Our advantage: We’ve been on the inside. We know how agencies structure contracts, assign liability, and try to escape it — and we use that knowledge to your benefit.

Why Choose National Security Law Firm

  • ⭐ 4.9-star Google reviews from clients nationwide (read them here)

  • 🪖 Former federal and military attorneys who understand the contractor loophole from both sides

  • ⚖️ Nationwide representation from Washington, D.C. — the hub of federal litigation

  • 💸 Transparent pricing and legal financing through Affirm

  • 💬 Free, no-pressure consultations

  • 💥 A relentless focus on maximizing every settlement or judgment

National Security Law Firm: It’s Our Turn to Fight for You.

Ready to Take the Next Step?

If you were injured by someone working for a federal agency — and you’re unsure whether they were a contractor or government employee — don’t guess. One wrong filing can destroy your claim.

📞 Call 202-600-4996 or book your free consultation online.
We’ll investigate, determine who’s truly liable, and build the strategy that leads to the strongest possible recovery.

Learn More About FTCA Claims

Visit our FTCA Resource Center for in-depth guides, including:

  • How to File an FTCA Claim (Step-by-Step)

  • How the Government Defends FTCA Cases (and How to Counter It)

  • 10 Proven Strategies to Maximize Your FTCA Settlement or Judgment

  • What Evidence Matters Most in FTCA Claims

Whether your injury involves the VA, TSA, Postal Service, or a private contractor working for them, our Resource Center explains how to hold the right party accountable and win your case.

National Security Law Firm: It’s Our Turn to Fight for You.