What are my rights if I was injured after being rear-ended while driving my work vehicle about 1 1/2 years ago?

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What are my rights if I was injured after being rear-ended while driving my work vehicle about 1 1/2 years ago?

I was working at the time. I saw a chiropractor and doctor near that time but now my back hurts worse than ever. I ended up in the emergency room several days ago and now have to see a spine specialist. If I no longer work for that employer but never signed anything saying I was fine, are they still responsible?, Also my employer had knowingly given me a false medical ID number which made it difficult for me to see anyone immediately (I kept the emails). What do I do?

Asked on December 23, 2014 under Personal Injury, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is unlikely you can hold your employer liable after all this time:

1) First, your employer is *not* responsible for all injuries occured while working or driving a work vehicle; it is only responsible if at fault in some way (e.g. unsafe work conditions, or a poorly maintained vehicle where the poor maintenance contributed to the accident). If there were not at fault, they would not be liable, since your employer is not your insurer.

2) After a year-and-a-half, even if your employer was at fault, it may be difficult to prove that, or that your injuries came from that accident (and not, for example, a subsequent or later accident or event or overuse, especially if severe pain started up months after the accident, which is what your question seems to imply).

You write that you "saw a chiropractor and doctor near that time" of the accident, so whatever delay occured due to the incorrect ID number does not appear to have been significant, so there's probably no liability in that regards.

If another driver hit you or was at fault in causing the accident, you could try to sue him or her.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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