Visitor Question

Hole in Cement Walkway Causes Foot Injury…

Submitted By: Susan (Massachussets)

While leaving the post office I severely injured my foot when I stepped into one of two potholes in the cement walkway. I’m now on crutches, need a walker and have to wear a heavy boot. It is hard to walk and painful.

I’ve been to the hospital and referred to a doctor I’ve seen twice. I cannot work and feel pretty depressed, unable to bring in my weekly income. My husband took pictures of the potholes and I have have x-rays proving my injuries.

This happened two weeks ago and I’ve been told it might take another two months to heal, if it heals properly. What can I do?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Susan,

You can file a Federal Tort Claim against the United States Post Office. Doing so may eventually lead to reimbursements for your medical bills, out of pocket expenses such as prescription and over the counter medications, your crutches, your walker and any other medical aids related to your injury.

You can also demand the federal government reimburse you for any lost wages from the time of your injury through treatment and recovery, and up until such time as your doctor discharges you. You can’t though require the Federal Government to pay an additional amount for pain and suffering.

Contact the Post Office. Tell them what happened and ask for an “Incident Report” form. That form will be your initial action in the filing the Tort Claim. Once completed, submit the form to the Post Office. They will refer it to the Federal Government’s Tort Claims Department in Washington D.C.

You will thereafter be contacted by a representative and asked to submit your medical bills, a medical diagnosis, and prognosis.

The claim, from beginning to end, can take several months. Although tedious and lengthy, if you stay with it and don’t allow yourself to be discouraged you will eventually receive the compensation which is fair for the injuries you suffered.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 30, 2012

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