Legal Question in Workers Comp in Maryland

Postal error

I work for the Post office in College Park, md. On 12/08/03 I fell on the ice in the employee parking lot while leaving work. My shoulder was injured badly and I will probably need surgery to correct. My supervisor filled out the injury report and I went to Dr. that day. I have been out of work ever since and cannot return until shoulder is fixed. The post office agrees that this is an on the job injury, but the Dept. of Labor has denied the claim because the Post office didn't send forms in a timely manner. Since the claim was denied, I was told I would have to pay my own dr bills and I would have to use my leave if I want to be paid. this was an on the job injury and I am really at my witts end. I have been waiting in pain for over two months to have surgery, only to be denied. Please tell me if I have any legal rights here?

I can't use my insurance because they say it is on the job injury, and I shouldn't have to use my insurance for this.

Please help me.


Asked on 2/14/04, 4:21 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Postal error

You didn't say when the forms were sent from the Postal Service to the DOL, but I believe they have to honor the claim unless they were somehow prejudiced by the late filing. You should appeal the DOL decision--they should have an internal appeal process. Have you tried asking your congressional office to intervene? They can often be useful in this type of situation.

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Answered on 2/17/04, 11:59 am


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