QUESTION
Can I hold an old employer responsible for my current personal injury?
Asked on Oct 06th, 2011 on Personal Injury - Oregon
More details to this question:
I recently found out I have a hernia from heavy lifting and straining. I worked for a company for 8/12 years doing such work. Can I legally hold a previous employer responsible for a hernia that just recently was found in my groin area that is not to common in women because of the type of work performed?
9 ANSWERS
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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There are a lot of questions to be explored before an answer can be given: When did you last work for the previous employer? Did you file a claim for this injury while you worked there? How was your current condition discovered? Why wasn't it discovered sooner?
Answered on Jul 08th, 2013 at 8:49 PM
By old Im assuming you mean you no longer work for the employer where you were injured. The answer to your question is yes you can sue the employer, but whether or not the suit/claim is successful depends on medical opinions. If the doctors agree or if any doctor opines your claim is related to the work you did for the former employer then probably it can be covered. I say probably because normally you have two years from the original injury date to file suit or to settle the claim. I
Answered on Oct 10th, 2011 at 11:26 AM
Any claim you may now have against an old employer may be time-barred .However, you may consult with a worker's compensation attorney for specific advice and direction
Answered on Oct 07th, 2011 at 3:13 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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That would be under workers' compensation which usually requires a notice of injury to be reported within a specific time frame, and I don't think that 8 1/2 years is within that time frame. Contact a workers comp attorney to be on the safe side....they shouldn't charge you for an initial consultation.
Answered on Oct 07th, 2011 at 3:04 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You can certainly try. I would hire a Workers Compensation lawyer if I were you.
Answered on Oct 07th, 2011 at 12:56 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Unless the hernia pops on the job while lifting, a claim for workers comp would probably fail.
Answered on Oct 07th, 2011 at 9:29 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Injuries caused by repetitive acts can be the proper subject of worker comp claims. However you did not give me any time lines. When did you discover the injury? When did you work for the employer? Did you ever complain to the employer? Did you ever see a doctor about this or similar problem while employed? In other words, is there any medical history of the problem? You may be cut short by statutes of limitation depending on time frames
Answered on Oct 07th, 2011 at 1:18 AM
Civil Litigation Attorney serving Coral Gables, FL
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Calil Law, P.A.
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If the injury is past the two year mark, in Florida's workers' compensation law, you are outside the statute of limitations, which means you do not have the right to file a Petition for Benefits.
Answered on Oct 07th, 2011 at 1:03 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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Your former employer may be responsible for your injury. You will need to file a worker's compensation claim.
Answered on Oct 07th, 2011 at 12:41 AM