The Emotional Toll of a Workers Compensation Injury

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Any injury is bothersome for obvious reasons. Significant injuries are more than bothersome. The lasting effects of significant injuries have a greater negative impact on many areas of life than many people realize.

They include:

  • Loss of work: Not having a daily routine or sense of purpose is difficult for most people, especially those who have worked all their lives and whose occupation is a strong part of their identity. Being out of work also leads to feelings of isolation, loss of community and being “out-of-touch”.
  • Loss of income: Most people are not prepared to withstand a long period of reduced earnings (and sometimes no earnings if a claim is contested) as is the case when someone is receiving workers’ compensation benefits. Any savings are quickly depleted and then expenses have to be cut. If there are other wage earners in the family, pressure is on them to increase their earnings to make up for the injured worker’s loss of earnings. Guilt and resentment may lead to strains in relationships. Financial pressure is a leading cause of divorce.
  • Pain and Limitation: When something hurts, really hurts, it is debilitating in and of itself. Pain can be all consuming, not allowing one to focus on anything else. Experiencing on-going pain is mentally exhausting. Pain often interferes with good sleep which is so important. Limitation can be caused by pain or by the physical effects of an injury. Either way, one’s ability to complete day to day activities becomes compromised. You really don’t realize how dependent you are on the proper functioning of your body to complete even simple tasks until you are not functioning properly. It is often necessary for injured workers to require assistance from others because of their limitations.
  • Loss of physical activities: Gardening, woodworking, playing sports, hunting, hiking, motorcycle riding, boating, and skiing are just some of the common hobbies that those with significant injuries are unable to enjoy. Not only is the pleasure from these activities lost, but also the health benefits and socialization that often accompanies them.
  • Loss of health insurance: If an injured worker is out of work long enough, their employer may discontinue their healthcare coverage. In this case, the worker either has to pay for continued coverage, secure other coverage or go without coverage. This not only negatively affects the injured worker, but any family members that were also covered under the employer’s policy.
  • Litigation: Employers are required to carry workers’ compensation insurance for their employees. Workers injured during and in the course of employment may make a claim for workers’ compensation benefits. These include medical treatment and partial compensation for lost earnings, among others. Some claims are accepted by the workers’ compensation insurance company in a timely manner and proceed relatively smoothly. Many don’t. It is often the case that claims are denied while an investigation takes place. This causes a delay in medical treatment and the receipt of monetary benefits. Injured workers often have to go through many hoops even when their cases are accepted by the workers’ compensation insurance company, including obtaining/filling out copious amounts of documentation, attending medical evaluations and attending hearings. Many find this process frustrating and stressful. Long delays are often detrimental to both financial and medical outcomes.

Some injured workers develop depression or other mental health issues as a result of their workers’ compensation injury. In my experience, these symptoms are not often reported. Many workers are embarrassed to talk about their feelings or think it is not important enough to
mention. It is important. Mental health needs to be cared for just as much, if not more than, physical health. The attorney who represents the injured worker should be told. Doctors should be made aware of any symptoms so the issue can be evaluated. This can be the doctor that sees
the injured worker for the work injury or their primary care doctor. If any mental medical diagnosis is made and found to be related to the work injury directly, then treatment will normally be required to be paid for by the workers’ compensation insurance company. If any mental medical diagnosis is made and found to be related to something other than the work injury, say the frustration over the litigation process or relationship issues, then treatment will normally not be required to be paid for by the workers’ compensation insurance company. In this case the worker will have to pursue treatment under other insurance coverage or out of pocket. Regardless, the condition should be acknowledged and treated.

ARE YOU TREATING FOR AN INJURY

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Are you obtaining medical treatment due to a personal injury or workers’ compensation injury?  Do you have a pending legal claim regarding that injury?  If so, here are some things you should keep in mind to best protect your interests:

  1. Keep all of your doctor’s appointments.  Consistent treatment will lend validity to your injuries and prevent the claim that you are responsible for not getting better or getting worse.
  1. Write down your symptoms, limitations, medications, questions and concerns and bring that information with you to your appointments. Make sure you tell the doctor all pertinent information.  Make sure they know if you are seeing other specialists.  What seems repetitive or “old” to you is not to the doctor.  Make sure that the doctor(s) take the time to go through all of your concerns (within reason).  They see many patients in a day and it is common for them to confuse information, run on “automatic pilot,” and/or rush through appointments.  You need to be your own advocate in the doctor’s office.
  1. Review your medical records and correct any mistakes you find. Again, for many reasons, doctors are usually under extreme pressure to see more patients per day than they probably should.  It is also usually the case that several people are responsible for obtaining all of the information and preparing the medical report/record.  It is very likely that the resulting medical report/record will not be  100% accurate concerning your symptoms, cause of injury, past medical history, review of concurrent treaters’  findings and the results of their exam.  Since an error will likely be reviewed by that and other doctors and repeated, it is extremely important to correct it as soon as possible.  This will prevent problems later on.
  1. Don’t leave the office without a current work status note! You/your attorney  will need this to document any loss of income and to keep your workers’ compensation benefits going.  You may also need this for your employer for Family and Medial Leave or for a disability insurance company.  On the off chance the doctor forgot to evaluate your work capacity, your request for the note will bring it to the office’s attention so that it can be done.  Attempting to get this done at a later date always causes problems.
  1. Be 100% sure what your next steps are before leaving the doctor’s office. Do you know when your next appointment is?  Is a referral being made and do you have the referral slip and can you read it?  Has medication been prescribed and do you have the prescription slip and can you read it?  Are you to contact the doctor upon the happening of a certain event?  Is the doctor’s office supposed to call you with the results of any tests?  Make sure you do what you are supposed to do and follow up with anyone else who has to do something within a reasonable timeframe.

A Continuance To Obtain An Attorney – Can I Get One?

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We seem to be more of a Do It Yourself society than ever before.  This is true even when it comes to representing yourself in court.  Abe Lincoln said “He who represents himself has a fool for a client”. Yet now there are options if you realize you may be over your head.  It is possible to get a continuance to obtain an attorney, or hire an attorney for Limited Representation to make sure you do not make severe errors while representing yourself.

Successful Reasons Why Some Are Successful at Representing Themselves

There are many people who try to represent themselves at court and some do a better job than others.

  • Some get more helpful advice from the court service centers than others.
  • Some get judges that are more patient than others.
  • Some issues are just easier to deal with than others.
  • Some people are comfortable speaking for themselves and some are not.
  • Sometimes people assume that the other party is also representing themselves… then they find out at court that they have an attorney.

Getting a Continuance to Obtain An Attorney

There are a number of reasons why some people change their minds about self-representation at court.  The good thing is you will most likely get a continuance to obtain an attorney if you ask; As long as your case is not scheduled for trial and you have not failed to show up or otherwise continued the case in the immediate past.

The judge will normally ask how much time you need and will generally give you between two and four weeks.  You should use that time wisely.  You may not be able to make an appointment right away.  You may want to consult with more than one attorney.  Also, you will want to give your attorney some time to prepare for your next court date.

Keep in mind that even if you already know you are unable to afford to hire an attorney for full representation, there are less costly alternatives available.  You can choose to hire an attorney on a limited basis or consultative basis which is much more affordable than full representation.  At minimum, a consultation with an attorney can better prepare you for the next court date by reviewing the expected procedural process and substantive issues you will need to address.

Call 203-304-9050 (877-286-3414 toll free) or contact us online to schedule your free initial phone consultation.

Lawyers Serving Danbury, Connecticut and all of Fairfield and New Haven Counties.

What If I Am In An Automobile Accident with an Uninsured Motorist?

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If you are in an accident there are many things you should do to protect your ability to be adequately compensated. The most important step you should do now, before you are in an accident. Contact an experienced and caring insurance agent to make sure you are protected from a uninsured motorist.

If you are in an accident with an underinsured or uninsured motorist, you may not have much recourse. People who operate motor vehicles with little or no insurance, usually have little to protect. They do not own their home or their home is underwater. They may be employed, but do not earn a lot of money. You can sue the negligent person, but collecting is often impossible. They may even file bankruptcy preventing you from suing.  That does not mean the responsible party should not be held responsible.  If you need to sue to collect you should start with a free telephone consultation with a local personal injury lawyer to determine the best course of action.

Your recourse is in your own insurance policy. If you have uninsured motorist/ underinsured motorist coverage, your insurance in effect becomes the negligent party’s insurance. You now can be compensated for your injury and loses, such as lost wages, out of pocket medical expenses and more. Consult with an insurance agent that has his or her clients’ best interest at heart. Make sure that you have adequate uninsured and underinsured coverage.

Discuss the potential need for conversion coverage. Conversion coverage protects you if the party responsible for your injuries has insurance, but not sufficient to cover your damages. For example, if you suffer damages totaling $150,000, the responsible party has a $50,000 policy and your standard underinsured coverage is $100,000, the most you can collect is $100,000. Your insurer in entitled to a credit for the $50,000 paid by the other insurance and only pays you $50,000. If you have conversion coverage, you would receive $50,000 from the wrongdoer’s insurance. Your conversion coverage would pay you’re full $100,000 coverage, thus you would be fully compensated for the $150,000. Also discuss Medical Pay coverage, which can save you on deductible and copay expenses required by most health insurance.

Call 203-304-9050 (877-286-3414 toll free) or contact us online to schedule your free initial phone consultation.

Personal Injury Lawyers Serving Danbury, Connecticut and all of Fairfield and New Haven Counties.

Empathy Can Be a Trial Attorney’s Most Essential Skill – Look For It

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When people are thinking of hiring a Connecticut attorney, empathy is probably the last thing on their mind.  They want an attorney who is knowledgable, strong and experienced.  These are all important qualifications; so where does empathy fit in and why should prospective clients care?  It goes to the heart of a trial attorney’s core responsibility: speaking on behalf of their client.

Yes, we do legal research and writing; we analyze the facts; we counsel our clients on the law, the process and make recommendations along the way. We negotiate with opposing counsel and present cases to the judge.  We do these things in every case.  But every case is different because every client is different.  Every client has a different history, a different life and different concerns.  Representation is not, “one size fits all.”  It is imperative that attorneys not only take the time to understand their client, but that they empathize with their client.  Empathy means the ability to share feelings.  Only when you share your client’s feelings can you truly represent them.

It’s easy for attorneys and judges to talk, argue about and decide “cases.”  It becomes much more personal and difficult do the same with “people.”  And it should be.  An attorney who has empathy is able to focus opposing attorneys and judges on the client, not the case.  Not only does this make for better results, but better client satisfaction.  Client’s don’t always know it initially, but it is really important to them to feel heard.  When there is a disconnect between the client and their attorney, there will be dissatisfaction and often, mistrust.  Empathy should be an important consideration when seeking representation for your legal matter.

Contact Us for a free 30 minute phone consultation.

Serving all of Fairfield, Litchfield and New Haven Counties.