Can a Mailman Sue for Falling?

Mail carriers face several possible dangers each day that include having to deal with man’s best friend. Dog bites represent one of the most common causes of injuries sustained by mail carriers, but another source of sustaining an injury while delivering mail is about as common, yet does not receive the same publicity.

We are talking about slip and fall incidents, which can happen just about anytime during a mail carrier’s hectic workday.

Unlike sustaining an injury as a result of a dog bite, discovering which party should be held responsible for a slip and fall incident is not as easy to do for mail carriers. Mail carriers that fall at a post office have a relatively clear-cut case for workers’ compensation since the accident unfolded at their place of employment. However, how does a mail carrier address a slip and fall incident that occurs at a business or on a residential property?

The answer is not as clear for a slip and fall accident that injures a mail carrier outside of a post office location. Even if the cause of a fall outside of a post office is apparent, a mail carrier’s best option to receive compensation involves filing a workers’ compensation claim with the United States Postal Service (USPS). Nonetheless, filing a workers’ compensation claim with the USPS does not mean a mail carrier cannot file a personal injury lawsuit against another party such as a business or the owner of a residential property. Filing a civil lawsuit against a private property owner can help the USPS recover the financial losses generated by paying a workers’ compensation claim.

If you are a mail carrier who fell and sustained one or more injuries while on the job, you should contact an experienced workers’ compensation lawyer at Morgan and Morgan. One of our highly-rated attorneys can help you determine how to proceed with your case, whether it concerns filing a workers’ compensation claim or a personal injury lawsuit that seeks monetary damages. Since 1988, Morgan and Morgan has represented clients, which include mail carriers, for cases involving both workers’ compensation and personal injury legal issues.

Schedule a free case evaluation with a workers’ compensation lawyer from Morgan and Morgan to determine how to proceed with your case.

What Are the Most Common Factors to Cause Mail Carriers to Fall?

When you meet with a workers’ compensation lawyer from Morgan and Morgan for a free case evaluation, one of the first items on the agenda is to discover what caused you to fall while working as a USPS mail carrier. Mail carriers face several possible sources of painful falls both at USPS offices and on another party’s property.

Slick Surface

The saying, “Neither rain, sleet, nor snow can prevent mail carriers from completing their appointed rounds,” demonstrates the dedication USPS postal workers have for delivering the mail on a daily basis. However, facing the elements while delivering mail also increases the likelihood of a mail carrier sustaining one or more injuries that result from a fall. Slick surfaces both indoors and outdoors can be the cause of a slip and fall that results in one or more injuries. Mail carriers can fall because of a slick surface at a USPS facility, as well as at a business or residential property.

Faulty Stairs

Mail carriers climb several steps of stairs each day to deliver mail to both businesses and residential customers. From a loose stair to a broken staircase handle, climbing stairs represents one of the leading causes of falls for postal workers. Falling while climbing stairs can cause serious injuries that include brain trauma and spinal cord damage. Regardless of where a mail carrier fell as a result of faulty stairs, the owner of the property might be legally liable for causing the injuries sustained by a postal worker.

Inadequate Lighting

Poor lighting can be the primary cause of a fall that causes a mail carrier to sustain one or more injuries. This cause of sustaining one or more injuries while on the job can happen at a USPS office, as well as at a business or a residential property. Mail carriers often work late into the day during the time of year when the sun has already set for the day. This means mail carriers rely on adequate lighting to reach mailboxes and other destinations for delivering mail.

What Should a Mail Carrier Do After a Fall?

The process for addressing a workplace injury that a mail carrier sustains is similar to filing a workers’ compensation claim and a civil lawsuit that seeks monetary damages.

Receive Medical Attention

Getting treated for your injury or injuries should be the first step completed after a fall while working as a mail carrier. Copies of medical bills and records accompany the paperwork filed for a workers’ compensation claim and a civil lawsuit that seeks monetary damages. Without copies of medical bills and records, you cannot expect to receive compensation to cover the financial losses associated with a fall while on the clock as a mail carrier. Even if you feel healthy enough to continue your workday, you should receive medical care after your shift to diagnose and treat any injuries.

Notify the USPS

The USPS has created a procedure for mail carriers to report sustaining any type of work-related injury, whether the injury developed at a USPS facility or while delivering mail to a business or residential property. To file a workers’ compensation claim, a mail carrier must complete and submit either form CA-1, which is the Federal Employee’s Notice of Traumatic Injury and Claim for Continuation of Pay/ Compensation, or Form CA-2, which is called the Notice of Occupational Disease and Claim for Compensation. A representative from the USPS can help you determine which form is the appropriate document to complete and submit to receive compensation for sustaining one or more injuries while on the job.

Contact a Workers’ Compensation Lawyer

Although federal employees follow a standard process to receive workers’ compensation, that does not mean the USPS addresses a claim for compensation in a timely manner. Working with a workers’ compensation lawyer from Morgan and Morgan ensures your claim for compensation receives the attention it deserves. At Morgan and Morgan, we assign attorneys to USPS workers’ compensation cases that have compiled a record of proven success in getting our clients the compensation they deserve.

Complete and Submit the Claim Form

As with a private sector workers’ compensation claim, you must fully complete and submit an accurate claim form to become eligible to receive compensation for sustaining one or more injuries while working as a USPS mail carrier Working with a workers’ compensation lawyer from Morgan and Morgan ensures you follow every instruction required to submit a valid claim for compensation. If you fail to complete one section or submit inaccurate information, you can expect your request for compensation to come back denied by the USPS

What Are the Four Elements of Proving Negligence?

After filing a workers’ compensation claim with the USPS, a team of examiners from the USPS conducts a comprehensive investigation into your claim to determine whether you should receive workers’ compensation or file a civil lawsuit that seeks monetary damages. If the USPS determines you are a victim of the negligence committed by another party, you still receive workers’ compensation, but the USPS can recover the money paid out if you win a favorable legal judgment or settlement.

To file a successful personal injury claim, your attorney must prove the presence of the four elements of negligence.

Duty of Care

Businesses and residential property owners owe everyone that visits a property a duty of care to prevent an incident that causes one or more injuries. For example, a residential property owner owes a mail carrier a duty of care to clear a safe path to deliver mail after a snowstorm. Businesses owe visitors a duty of care to prevent spilled beverages from causing a slip and fall incident.

Violating the Duty of Care Doctrine

The second element of proving negligence represents the element that demonstrates committing one or more acts of negligence. For example, a residential property owner owes a visitor a duty of care to prevent the visitor from slipping and falling on a slick surface, Failing to eliminate a slick surface violates the second element of proving negligence. An attorney from Morgan and Morgan conducts a thorough investigation to gather the physical evidence required to prove the presence of the second element of negligence. 

Fall Caused Your Injuries

Filing a personal injury lawsuit that helps you recover financial losses requires the submission of evidence that shows the slip and fall caused your injuries. The legal team representing the other party conducts its own investigation into your lawsuit, with one of the responsibilities entailing discovering whether the personal injury incident caused your injuries. Maybe you sustained your injuries from another event, such as a recreational activity that can produce similar injuries. Submitting copies of medical bills and records represents the most persuasive evidence that verifies a slip and fall incident caused you harm.

Suffered Financial Losses

Proving the last elements of negligence requires you to submit copies of financial records that show you suffered financial losses. Your attorney helps you organize copies of bank records and employment pay statements to confirm you suffered financial losses as a result of a slip and fall incident. Without any evidence of financial losses, you cannot expect to receive a favorable legal judgment that awards you compensation for sustaining one or more injuries while working as a mail carrier.

Get the Compensation That You Deserve

Can a mailman sue for falling? Although the short answer is yes, the longer version of the answer is it depends on your circumstances. If you fell at a USPS facility, you can follow a process established by the USPS to receive workers’ compensation benefits. On the other hand, mail carriers that fall at a business or while on residential property also file a workers’ compensation claim with the USPS. However, a mail carrier might be able to recover financial losses by filing a personal injury lawsuit that seeks monetary damages.

Regardless of how you recover financial losses after a fall as a mail carrier, you should act with a sense of urgency and schedule a free case evaluation today with Morgan and Morgan.