Visitor Question

Mail carrier with tendonitis in left foot…

Submitted By: Anonymous (South Carolina)

I was a city letter carrier for 14 years for the United States Postal Service in SC and now I suffer with tendonitis in my left foot.

After going on medical leave and undergoing physical therapy, my foot was the same.

The doctor said that my only other alternative was surgery, but that he could not guarantee that the surgery would do any good due to the demands my job had on my foot.

I then resigned from my job due to no longer being able to perform my duties. I believe the tendonitis was caused by my job, but never filed a workman’s comp claim because I did not have an accident, but the injury was caused by repetition on my job. It has been almost 2 years since I quit my job.

Is it too late to file for workman’s comp?

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 Anonymous,

The United States Department of Labor sets the requisite injury notification period for filing a workers compensation claims. Under the federal workers compensation Act you have 30 days from the date of your injury to file your claim. To read more about the federal workers compensation act go to http://www.dol.gov/owcp/dfec/regs/statutes/feca.htm

Below is the section of the act which is directly related to your question…

§8119. Notice of injury or death

An employee injured in the performance of his duty, or someone on his behalf, shall give notice thereof. Notice of a death believed to be related to the employment shall be given by an eligible beneficiary specified in section 8133 of this title, or someone on his behalf. A notice of injury or death shall–

(a) be given within 30 days after the injury or death;

(b) be given to the immediate superior of the employee by personal delivery or by depositing it in the mail properly stamped and addressed;

(c) be in writing;

(d) state the name and address of the employee;

(e) state the year, month, day, and hour when and the particular locality where the injury or death occurred;

(f) state the cause and nature of the injury, or, in the case of death, the employment factors believed to be the cause; and

(g) be signed by and contain the address of the individual giving the notice.”

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: August 26, 2013

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