Visitor Question

Can I Sue My Ex Employer for an Injury a Couple of Years Ago?

Submitted By: Jen (USA)

I was at a job meeting a couple of years ago and I slipped and fell. I got an MRI done and found out I had a dislocated disc. I was taking medication for the pain and told my employer what happened.

You would think they would do something about it (since they saw me fall), but they said it was my fault and ignored me.

I worked long hours in pain with no consideration towards my back pain. I was 17 and knew nothing about my legal rights at the time. After my extremely painful pregnancy due to my bones having to move to get my pelvis ready to give birth, I still have back pain. Is this something I can still fight?

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 Jen,

The key words are “a couple of years ago”.

In the USA most states have in place a 2 year Statute of Limitations on the filing of personal injury claims. Your case though would probably have fallen under workers compensation.

Depending upon the state in which you live the period for filing a workers compensation claim has probably long expired.

When you had the MRI (Magnetic Resonance Imaging) examination performed it may have been paid for by your employer. If that was the case it is possible a workers compensation case may have been opened for you.

If it was you may still have a chance to pursue the claim. The problem will be getting the insurance company to pay for your current back pain.

Regrettably the cards seem to be stacked against you. Don’t give up though. Contact your employer and demand to know if a workers compensation claim was filed. If it was tell them you want to see the file and speak with the insurance adjuster who handled the file. It’s a long shot, but you have nothing to lose by trying.

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: December 26, 2011

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