Lets look at your situation and work backwards. Are you injured. If not it seems that you do not have a worthwhile case. If you are injured then the extent of the injuries must be evaluated regarding the long term damage you suffered. Make sure it is a "rat" tail and it can be proven that it was in the hamburger and not placed there after the fact. There are usually significant penalties regarding a fraudulent claim of this nature. Good luck
Undoubtedly you should contact an experienced attorney immediately. The fact that you did not report the 2011 injury as a comp injury complicates your situation significantly. The insurance company will use a pre existing injury defense. I agree that the best approach would probably be a aggregation of a pre existing injury and that the work activity was the major contributing cause of that aggravation. However the MRI may show that this was a completely unrelated level in your back as compared...
Rather than discuss this on the internet for all to see my best advice is for you to seek assistance with an attorney immediately. Find out the attorney's abilties and ask pointed questions about the type of work they do. . You may want to check with Dennis Wells in Orlando. We were fellow Army JAG officers and he does good work
In Florida generally the statute of limitations for a bodily injury claim is 4 years. If it is a uninsured/ underinsured claim against your own insurance company it is 5 years and a wrongful death claim is 2 years.
In the state of Florida there are significant limitations on damages for medical malpractice in an emergency room. The cost / benefit regarding a suit against an emergency physician may not be worthwhile.
Call your attorney and ask for an appointment face to face to review the status of the case and get an understanding of what has or has not been done. In most cases that will answer your questions either to your satisfaction or cause you to look for someone else to represent you.