Hempstead, TX Personal Injury Law Firms & Lawyers

Assuming your employer carried workers' compensation insurance, they are legally required to file a notice of your injury with the state, if they were aware that your injury occurred. Typically, a Claim for Compensation must be filed within 2 years of the date of injury or from the last time the employer made a payment of your medical bills, or for time missed from work. In limited situations, if the employer knew about your injury, but did not file a report to the state, it may potentially be possible to have an extension of the time for filing your claim and seeking reimbursement of all medical bills. You could potentially have a personal injury claim for negligence also (depending on the specific facts), but the time deadline for filing is 5 years in Missouri, except under limited circumstances. I would highly recommend consulting with an attorney to review the facts in more detail, to make an assessment of whether one of the legal exceptions applies where you may still be able to obtain compensation for your injury. All of the relevant dates, such as when you were diagnosed, when you were injured, etc..., are extremely important and need to be reviewed by a workers' compensation attorney.

You shouldn't be liable. The contractor is liable. If the contractor does not have insurance you may get sued but you would only be liable if you controlled the manner of the work.

Based on the "Detail" provided you likely cannot sue your employer for your back injury. There is a two year statute of limitations for workers compensation claims, which means that either you must have an agreement with the employer or a lawsuit must be on file within 2 years from your injury or your case is time barred and you cannot receive any money. From the information you provided, it does not appear that the employer paid any workers' compensation benefits so one of the ways the statute of limitation can be extended would not apply. There is another exception that extends this 2 statute of limitations period. If you provided "notice" to your employer that you had a work-related injury at or very near the time of your injury and the employer failed to file the required report to the Nebraska Workers Compensation Court, then the statute of limitations does not start until the employer files this report. (See Nebraska Revised Statute 48-144.04). The "notice" about your injured must either be in writing or sufficient enough, based on "a reasonable person" standard, to let the employer know that you might have a work-related injury that they may need to investigate. It is unclear from the information provided in your message whether you provided any notice to the employer so it is unclear whether this exception would apply. This response is based on the limited information provided, makes certain assumptions, and assumes that all events took place in Nebraska. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim against someone, you should consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire.