If Iwas injured on the job several years ago, is the employer for whom I was working for at that time still liable for medical treatment?

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If Iwas injured on the job several years ago, is the employer for whom I was working for at that time still liable for medical treatment?

19 years ago I was employed at an equipment company. I was involved in an accident which to current to date I am still receiving medical treatment for. However I am no longer receiving treatment through workers compensation insurance. Along with this accident I had an automobile accident in which a suit was filed and settled. Unfortunately each accident involved injuries to the same area of my body. The first accident was a fall of 30 feet landing on my neck , the second was an accident involving an a automobile which rear-ended me driving me out the back window.

Asked on August 30, 2011 Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Chances are that your former employer is not liable.   Several years ago, because perceived abuses in the worker's comp field, Texas placed a cap on what employees could recover as a result of work related injuries.  The changes were made even prior to your injury 19 years ago.  If your employer elected to participate in the worker's comp system, you would have received several different types of benefits, and possibly a payout claim.  Once those administrative remedies are exhausted they are gone.  You may have a chance depending on how your claim was resolved, if your employer opted out of the worker's comp system, and if there was a more serious level on negligence on the part of your employer.  Even assuming you can find a limited exception, the intervening injury is going to be another problem because you will have to show whether your continuing pain and suffering is a result of your work injury or the other injury.  Because some expections could apply to your situation under a limited set of facts, it would be worth a visit to a couple of personal injury attorneys to get a first and second opinion about the facts of your case.  Gather as much of your documentation as possible and have a person injury attorney review them.


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