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Fell in window well Negligence, Other Injury

Discussion in 'Accidents, Injuries, Negligence' started by TSM717, May 19, 2015.

  1. TSM717

    TSM717 Law Topic Starter New Member

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    When I was injured it was on the job. I work for USPS as a full time mail carrier. It was my first day on a new route and there was snow on the ground. I went to deliver mail to a woman's home and fell down into her window well. There are usually steel bars that all homeowners have there but she had plexi glass down and there was snow covering it so it was not visible. I went to go out the mail into the mail slot that is on the house and my left side of my body went into the window well. She found out from her neighbor what happened, I told him while I was taking a picture for work to have it documented. She came into the office and apologized and gave me a $500 check because I fell on her property and she felt bad that I was injured. I got hurt November 15,2014. I had no idea what the severity was then and I am still out of work. I old her that I would not sue her and I don't know if it was really her fault that she didn't have the proper window well covering down or whoever did the waterproofing? I don't know if she told them she would put the bars back down or the company forgot. This has become a very long and annoying process. I am not sure if I want to sue or can sue or what I'd like to do but I'd like someone to advise me. At first I thought I was ok and I would get better soon. Now this has become overwhelming and taken a toll on me and my family.
     
  2. ElleMD

    ElleMD Well-Known Member

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    Did you file a WC claim? If so, 99.9% of the time, that is your only remedy. It is unclear how you would have fallen into a window well putting mail in the mail slot as generally those are not over top of window wells.
     
  3. army judge

    army judge Super Moderator

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    Postal workers must follow a very specific protocol in reporting on duty injuries.
    Eventually an OWCP claim is filed.
    There are also time limits.
    Beyond the proper notice, filing, and reporting for such injuries, there's the matter of you taking a $500 payment from the homeowner.
    That's a major NO NO, OP.
    You might very well need to have a criminal defense attorney, as well as an attorney familiar with OWCP claims.

    http://www.postalreporter.com/your_rights/information.htm
     
  4. TSM717

    TSM717 Law Topic Starter New Member

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    Yes I did. I am on workmans comp now and following it everything they tell me to do. I fell in the window well because it was near the mail slot and the proper metal grates were not down. There are supposed to be metal grates over the window wells because they are bigger than the norm out there.
     
  5. TSM717

    TSM717 Law Topic Starter New Member

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    I know. I filed and am fine with everything from workmans comp. the question I am asking is shouldn't the company that didn't properly put the metal grates back be held responsible for not doing their job? I don't even necessarily want to sue them. I just don't want someone else to fall because of the same reason.
     
  6. ElleMD

    ElleMD Well-Known Member

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    It isn't clear who is responsible for the grates or if it is indeed even a negligence issue. If a 3rd party is responsible, 99 times in 100 the WC carrier will pursue through subrogation/ a 3rd party suit.

    Accepting the money from the homeowner is a huge no-no as the other poster indicated, but that is not directly related to the claim. If you did receive compensation from the homeowner, it is more likely than not that the carrier is entitled to some or all of those funds. Presumably the homeowner is now aware and has taken steps to avoid it happening again, though you personally can not compel any remedy.
     
  7. Disabled Vet

    Disabled Vet Active Member

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    I would say.... You settled with her since you cashed the 500.00 check.
     

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