Worker's Comp Archives - Bellenot & Boufford, LLC

The Emotional Toll of a Workers Compensation Injury

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.

WORKERS’ COMPENSATION — LIVE AND IN-PERSON

All workers’ compensation matters returned to in-person effective July 1, 2021. There is no remote or hybrid option.

The Workers’ Compensation Commission was quick to pivot, adapt and overcome the challenges presented by the corona virus pandemic which caused massive shut-downs in court and business operations in 2020. Hearings were held telephonically and agreements and settlements were accepted remotely assuming increased paperwork requirements were met. The Commission and Workers’ Compensation Bar section did a great job of communicating changes in procedure and the expectations of all participants. The Chairman and commissioners made it clear, in word and deed, that cases were to move forward with as little delay as possible. From my observations, all involved seemed to quickly be able to work within the framework necessitated by the CDC guidelines and Governor Lamont’s executive orders in order to keep the process moving with little, if any, back-log.

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Covid-19 Deaths and Workers’ Compensation

According to research, most people who contract the Coronavirus go on to make a full recovery. Many don’t even develop any significant symptoms. These workers quarantine and either work from home or receive some form of payment for lost work. Some people, as we know from the news, are not so lucky. Their Covid-19 symptoms are severe. Some causing death. My understanding is that the majority of these victims have been elderly and were probably out of the workforce, making them ineligible for workers’ compensation claims. However, if these people were employed, elderly or not, they or their families may be eligible for workers’ compensation benefits.

If they died due to Covid-19, their spouses and/or dependents can file a claim for workers’ compensation survivor benefits. Like all workers’ compensation claims, the burden is on the worker or worker’s spouse/children to prove that the Coronavirus infection and death were related to the worker’s job. Given the unusual circumstances of the pandemic, certain laws have been entered that make this burden a bit easier for certain employees. This is especially true if the deceased employee was deemed an essential worker and lost time from work, between March 10 and May 20, 2020, due to contracting Covid-19 during this period.

Survivors’ benefits include funeral expenses and potentially weekly compensation benefits. If you lost a spouse or parent due to Covid-19 and think the disease may have been contracted at work, it is in your best interest to contact a workers’ compensation attorney to evaluate your case and determine if you have a valid claim.

Workers’ Compensation Patients Encouraged To Seek Medical Records Before Leaving Doctors’ Offices

My paralegal recently attended a presentation by the Chairman of the Workers’ Compensation Commission. He was primarily addressing the medical care providers but also attorneys and paralegals representing clients in workers’ compensation.

One great takeaway, among many, was the reminder that several doctors now create an electronic medical record immediately following the visit. As such, it may be possible to obtain a copy of the record prior to leaving. This will eliminate the need for the client or their attorney to later request the record and the need for the doctor’s office to locate and send it at a later time.

More importantly from my perspective, it will offer the patient the opportunity to review the record and note any mistakes or omissions that may be on there. Medical records often have incorrect or incomplete information. The earlier these can be corrected, the better.

It is in the patient’s best interest to request the record at the end of their visit and, if available, review it prior to leaving the office. If any mistakes or omissions are noted, it would be wise to bring them to the doctor’s attention at that time.

If you have a worker’s compensation case, there may be several questions you have:

If you think you might have a worker’s compensation claim, please give us a call for a free consultation.

Serving all of Fairfield, Litchfield and New Haven Counties.

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

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.