QUESTION

Can I sue my employer for not letting me get medical attention?

Asked on May 29th, 2011 on Personal Injury - South Carolina
More details to this question:
I injured my back (not work related) and went to work. After I got to work my back started to hurt more and I had numbness in my right leg. I asked my employer if I could got the hospital and he refused to let me go at that time. I asked serveral more times telling him that I need medical attention now. About 4 to 5 hours later he let me leave. Can I sue? and how long do I have to file a law sue?
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5 ANSWERS

Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Why did you not just go to the doctor? did he have you physically restrained in some way? Tell me more and tell me how the delay caused harm (other than hurt feelings).
Answered on Jul 12th, 2013 at 12:41 AM

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Sam Louis Levine
What a bad situation. I would be happy to speak with you. You would need to contact me or another attorney to discuss the matter. Good luck & take care!
Answered on Jun 02nd, 2011 at 9:45 AM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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Sorry, but I don't know the answer to that. I would think that under the Family Medical Leave Act, those actions might be prohibited, but if you want to google FMLA, it may answer your question in there.
Answered on Jun 02nd, 2011 at 9:38 AM

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If you were injured on the job (whether directly or because your injury got worse due to not going to the doctor) your only recourse is through workers compensation. However, because you were injured prior to going to work and had not sought medical attention, you may have a difficult time showing that workers compensation would apply. You need to talk to a workers compensation attorney. Also, if your original injury was caused through someone else's fault, you might have a claim against that other person. Otherwise there may not be anything an attorney could do for you.
Answered on Jun 01st, 2011 at 12:07 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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I do not believe you have a viable suit. The only law that I am aware of that applies is the Family medical Leave Act. I f you have worked there for a year, and they have 15 or more employees, then you have a right to be absent from work for a serious medical condition. This is generally defined as a condition that requires you to be out for three or more days, or that requires on going treatment from a doctor. While your injury might meet one of those definitions, unless he fired you for being out for your medical condition, I feel you have no case. If your condition cannot be cured because you were not allowed medical attention until you finished your shift, you might have a case. Otherwise, even if your employer technically violated the FMLA, you have no damages.
Answered on Jun 01st, 2011 at 11:45 AM

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