[bladerunner]

I was a lead electrician with my own crew. I severely injured my back in september of 2000. I went to urgent care and was told I would need surgery. I informed my employer and he asked if I would see his chiropractor if he paid all the bills, and if that didn't help, we could then file WC. I agreed, as I was scared of no income and back sugery. His chiro said he needed to see me for one year min., twice a week, no work.

My boss paid at first and I was on salary so my income continued. After 6 months, my boss started giving me a hard time about going and at about 8 months in he fired me when the chiro told him I needed to go to another doctor for different treatment.

I hired an attorney. In 2004, I was awarded full past and future medical, and full payment compensation. My Doctors, and there are several, all said it was too late for surgery as the ripped ligaments and tendons had healed wrong, creating scar tissue that is pressing against nerves. As a result, I am in severe pain most all the time. I had an MOI with contrast which resulted in loss of all spinal fluid. I got very ill from that and went back to the doctor who ordered the test. He told me I had a virus and to get back in bed. The next day I was taken to the emergency room violently ill with bulging eyeballs.

After a blood patch I was told the headache and vision problems left would be permanent. Now in 2008 the ins co has offered a settlement, full future medical (min. 460,000) and $46,000; which is what is left of my 500 week payout. My attorney says that is all I am entitled to even though I am permanently disabled and can never work again. I am in my 30's. Is there not any other monies I would be entitled to? Is there anything I should watch out for before I settle?

At the date of injury my ssd would have been $1,100 per month. I thought social security would go back to the date of injury but because for a brief period in 2004 I worked for a gas station part time to pay some bills(until I got fired b/c I couldn't mop the floor) they want to use that date and pay me $800 per month, not even enough to cover my utilities. 500 weeks pay is fine if you get to go back to work, but if you are totally disabled there should be something else you could fall back on. It will be 3 years I am told before I get my 1st ssd check also. My settlement won't stretch that far. It seems to me this whole system is designed to ruin your life if you get hurt, not to protect the worker. I have lost everything I owned including my life's savings, and I owe some more on top of that.

[bladerunner]

my question is, am I not eligible for more than 500 weeks of reduced pay if I am permanently disabled from my injury?

Am I not entitled to other compensation from the moi incident or is that an entirely seperate case?

Also, my doctor wants me to see a psychiatrist, and WC insurance refuses to pay and refuses to add that to the settlement. He also wants me to do heated pool therapy 5 days a week to help with the pain, but I live over 30 min from the facility and cant get there every day. That has been ignored by my lawyer and the insurance company. What should I do? I am being offered future medical including anything to do with my back, and the cash above. I dont know if I should settle or what.

[4eyedbuzzard]

Under SC WC statutes you are limited to 500 weeks compensation. Only pariplegics, quadriplegics, and brain-damage is compensible for life. I don't know if your headaches and vision problems could be considered brain-damage or not. My personal experience with WC in another state leads me to believe it would be hard to prevail on such a claim. But I'd certainly ask my lawyer.

The headaches and vision problems caused by what sounds like a CSF leak at the contrast injection site sounds more like a possible medical malpractice case. Typically patients are informed and waivers are signed acknowledging such side effects before the procedure. That doesn't mean that you can't sue for damages, but it does raise the bar of proof required to find that it was caused by negligence of the treating practitioner and not just a statistically normal occuring complication common to such treatment. Usually the CSF headaches, vision and hearing problems are temporary though. There might be something here. Again, it doesn't hurt to ask your lawyer.

I'm not a doctor nor a lawyer and the above stuff is pretty far "outside the box" and stretching the limits to some degree. I definitely wouldn't get my hopes up.

If they're offering the balance of the 500 week wage compensation claim up front and lifetime continuation on the medical there's probably no good reason not to take it, unless by taking it a week(or two) at a time you don't have to pay a percentage of the lump sum to your attorney. Right now in your situtation I wouldn't worry about my lawyers cut.

I couldn't find anywhere in the statutes if SC requires vocational rehabilitation, but if it does, but I'd find out and take advantage of such a provision before agreeing to a lump-sum and settling the case. I'd also push to have the mental health treatment covered given the protracted nature of your injury and the constant pain.

Beyond all the misery and the leagl issues though, you're too young to just give up on life, and honestly SS isn't going to provide for a very fulfilling life. Somehow you're going to have to figure out a way to earn a living and do something with your life despite your disability.

Like I said, I'm not a lawyer - just an electrician with a really bad back. Wish there were better news for both of us, but WC reform is needed in almost every state. How an exclusive remedy can only provide for 5 or 10 years of benefits when people's careers are literally ruined is pretty hard to swallow. But all you can do under the current law in most states is educate yourself and find another line of work within your restrictions/capacity. Life's too short to wallow around...