Legal Question in Personal Injury in New York

personal injury

I was delivering mail for the us post office but working for the private contractor of the mail route. I was told I can't sue due to workmans comp law in nys. I have 2 shattered cervical disks and will require surgery. Can I sue the post office as a third party because they fail to check and maintain vehicles for safety? The tires were bald during an ice storm. No snow tires at all!!


Asked on 3/05/09, 10:10 pm

4 Answers from Attorneys

David Owens, Esq. Molod, Spitz & DeSantis

Re: personal injury

More information is required to answer the question you posed. How the accident happened may give you other avenues of recourse. There may be claims that can be pursued depending upon the relationship between the postal service and the entity that you were doing the delivery for. Please feel free to contact my office for a free consultation.

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Answered on 3/05/09, 10:25 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: personal injury

The answer is no you can't sue

You do not have any personal

Injury claim whatsoever.

Worse you may have to go through federal workers comp.

I'm truly sorry.

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Answered on 3/06/09, 12:18 am
Andrew Barovick Andrew J. Barovick, P.C.

Re: personal injury

You may want to explore whether the private contractor, or the municipality responsible for clearing the roads, have any liability. If they do, and you initiate proceedings against them, then they may be able to bring in the post office.

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Answered on 3/06/09, 9:55 am
Pasquale Calcagno Calcagno & Associates, PLLC

Re: personal injury

I am very sorry for your terrible accident. I believe you may have a case. I need more details on the relationship between the private company and the post office. Call me, Pasquale Calcagno, Esq., for a free consultation at 1(800)WE-FIGHT. We have convenient locations all over New York.

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Answered on 3/06/09, 5:40 pm


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