Pennington, TX Personal Injury Law Firms & Lawyers

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.

Yes. Try calling the other side and see if they will stipulate to it. You can also call the court clerk to see what the procedures are for that department. They will probably ask you to get an agreement from the other side.

The company probably has some type of other insurance to cover your damages, including premises liability insurance. You should find out the insurance company and file a claim.