Injured Workers Pain Reporting

Pain, Symptom Severity and Pain Reporting in Workers’ Compensation: What You Need to Know

In California Workers’ Compensation Law, there are many times that Injured Workers are asked to describe the nature and extent of their Pain. Injured Worker’s Pain Reporting is a vital part of the workers’ compensation system.  This article will discuss the terminology used within workers’ compensation to describe the nature and extent of pain. Pain Reporting is essential to the Workers’ Compensation System.  Pain Reporting can impact everything from the acceptance of the claim as being industrial, to the provision of benefits, and to the provision of medical care.

Pain Reporting can be subjective. People have different tolerance to pain. Pain can be different in nature. Pain can be dull. Pain can be sharp. Pain can be momentary. Pain can be unrelenting.  Further, many times it is hard for an observer to understand an individual’s pain. Due to the subjectiveness and the difficulty in verification, Pain Reporting has an element of doubt as to its nature and extent with respect to Insurance Companies.  All parties involved within the workers’ compensation, doctors, attorneys, and judges, will be assessing whether the Injured Worker’s Pain Reporting is valid for the purposes of handling the claim.

Injured Worker’s Pain Reporting validity impacts the very foundation of many workers’ compensation claims. Pain Reporting, for which Judges and Medical Evaluators view as credible, can lead to the provision of workers’ compensation benefits. This can include such items as the finding of injury being industrial to findings concerning the nature and extent of the injury. Pain Reporting, for which Judges and Medical Evaluators view as non-credible, can negatively impact one’s workers’ compensation claim.  This can include finding that there was no valid claim to the diminishment of benefits. Continue reading

What Insurance Companies are Telling Doctors to Think About You: Injured Workers, Your Treating Doctor, and Your Insurance Company: What You Need to Know

As an Injured Worker, you may come across terms such as “motivation factors,” “secondary gain,” and “victimization, ” noted somewhere within the reporting on your case. This can appear in a medical report or an analysis of your case that has prepared by an Insurance Company, Defense Attorney or an Investigator. Some of these reports, which use these terms, you will never see. The documents are generated as attorney work-product and are not discoverable. In addition, as an Injured Worker, you also may not see any medical reports that deal with your mental health. Psychiatric or Psychological reports that discuss these factors are not provided to unrepresented injured workers. Continue reading

How to Find the Best Workers Comp Attorney in California

In California, you see advertisements of attorneys making representations of being “Top” Lawyers, “Super” Lawyers,” or “Best” Lawyers. Attorneys frequently represent themselves as the “Top” attorney or the “Best” lawyer. Who can really tell someone is the “Top” or “Best” lawyer? At times, it is merely an advertisement’s representation without any basis in fact. Further, some of the companies that provide labels may involve some vetting process in order to provide the label. In the end, they may charge the attorneys for the label that they are awarded and make them pay for promotional items. Continue reading