Visitor Question

Continued medical complications from shin injury at previous job…

Submitted By: Jason (Crosby, TX)

While employed at Waste Management in Texas, someone driving a forklift backed up and into me, pinning me to a caution rail. The pressure of the rail split my shin open. My employer sent me to the company doctor and all they did was wrap it and give me pain meds.

This was 1 1/2 yrs ago. I have been to the ER twice since then. My leg gets infected, swells up and I can’t walk on it for a couple of weeks. I limp all the time.

I no longer work for Waste Management. Can I file a suit against them for my injury and the continued pain and medical complications? I do not have the paper work on this injury. I did fill out a report, but was not given a copy. What can I do? Thanks.

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 Jason,

You are almost certainly prohibited by law from filing a lawsuit against your employer based on negligence. Instead you must follow workers compensation rules and regulations. These rules and regulations would have required you to file a workers compensation claim based on an on-the-job injury within 30 days after your injury. There is an exception for repetitive injuries. You don’t seem to fall within that exception.

Because one and a half years has elapsed since your injury you most likely won’t be able to take advantage of Texas workers compensation benefits, but it doesn’t hurt to try. Contact the Texas Workers Compensation Division and see if there is any way they will allow you to file a claim. You can reach them by calling 800-252-7031. If you can file a claim you’ll need Texas Workers Compensation Form 41.

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: November 10, 2013

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