many questions terrible lawyer

[stella2274]

I live in South Carolina and it seems that everything is so different here. I hurt my knee (torn meniscus) at work, I worked 12 hour shifts, got hurt on 12/10/07 was not allowed to go to the Dr. till 12/14/07 finally went to an orthoepedic Dr. three weeks later and he starts to yell at me that i should have seen him within a week. He looked at the MRI and says tat I tore the meniscus in 3 places and then proceeds to tell me that I can not have surgery due to blood-clots that I had a few years back that almost killed me. I have been on physical therapy and a week and a half ago the Dr. started me on these shots that go into my knee they are a gel, I got the first one and I have been in more pain then you can imagine, after the shot my knee swelled to the size of a softball and I have a lump above my knee and my foot is so swollen all I can wear are sneakers. Dr. says never saw anything like this and will speak to the manufacturer to see if they have ever heard of anything like this. I am really starting to feel scared I am in more pain now then when I was first hurt. I worked for an in-house tempservice for Bose. I was told that I can not sue for pain and suffering but what about the fact that even though I worked for Randstad can I sue Bose because their supervisors made me stand there and not give me at least a sitting position?
My other question is I am finacially getting into a terrible bind can I get a loan from my workers comp case here in SC. I thank everyone that is answering me but I don' think I asked that last question properly, what I meant to ask can I use one of these places like chestnut funding that gives you a loan off of your case and you don't have to pay you back until the case is over.

[lfoster21]

First of all, I am very sorry for what you are going through. It is very scary at first, esspecially when you are not getting answers from the Dr. and you seem to be getting worse.

Now, every state is different, as to how much of the w/c system works, so I can only speak for VA. But I would highly recommend that you click on the link at the top of this page, that has state specific laws. I'd also recommend you interview several w/c lawyers, as they are free to consult with. Not only will they be able to answer your specific questions, but they will also be able to give you an understanding of how the system works, in your state.

With all that said, I will tell you how it is where I am. You are correct, you can not sue for pain and suffering and your employer does not have to find you a position to accomodate your new restrictions. I was told that I was not allowed to come back to my job, until I could do it at 100% of what I could do, prior to the injury. Some jobs will also take you back and put you in a situation that you are not capable of keeping your restrictions. If you can't do the job, they can lay you off. If you do the job, they can say that you knew your restrictions and you didn't abide by them and re-injured yourself. I can tell you that W/C will try all types of tricks to get away without helping you, in a timely manner.

In Va, you have the right to a 2nd opinion, so check that out. Also, always get your medical records. The cheapest an easiest way of doing this, everytime you are at an appnt., when you are checking out, ask the receptionist that is making your next appt. if she will make a copy of your last appt. Being that they have your file with them, they will often make this copy for you without charging you an administration fee.

I will keep you in my prayers. Let us know how things continue and know that you can always come here to ask questions as well as to vent out your frustrations.

[1171]

only your employer is protected from a civil lawsuit by work comp; 3rd party companies are not. whether not giving you a chair caused enough in damages to be worth a civil suit is a question only an atty can answer.
workers comp does not make loans.
they pay disability based on doctors off work authorization. South Carolina has a 7 day waiting period. It's paid once you've been off 14 days.
you can find out basic information about South Carolina's comp system from their website.
start here
http://www.wcc.state.sc.us/Welcome+and+O...#employees

You can change lawyers at any time.

[Lilly]

The only time an employer has to make accomodations for you, is if they have written work restrictions from your treating doctor. Did your doc put you on work restrictions? Was the company given this info and simply didn't abide by it?
Sadly, there is no compensation for pain & suffering...if there was, we'd all be wealthy. HA HA.
Be careful of that injection site....a knot and pain could be a sign of another blood clot! Very dangerous for you, especially since you are prone to them. has your doc ruled this possibility out?
take care of yourself, and let us know how it turns out, OK?
There is always the ER if it gets really bad.
Prayers for you, Lilly