PTSD can be caused by traumatic events that happen anywhere - at war or in the workplace.

Today’s post comes to us from our colleague Len Jernigan of North Carolina.

Last week Margaret Anderson, a Park Ranger at Mount Ranier National Park, was killed by an Iraq war veteran who may have been suffering from Post Traumatic Stress Disorder (PTSD). Her tragic death reminded me of several workers I have represented who had this condition after experiencing and/or witnessing horrific trauma in the workplace.

One was a 20 year employee of a public gas company who was heroically trying to fix a gas leak in a neighborhood when the gas line exploded and burned off most of his face. He healed but has flashbacks of the explosion, nightmares, depression and is constantly irritable. Before this event he was a great worker, a good family man and had a good sense of humor. He hasn’t been the same since.

Adjusters, employers, co-workers, attorneys and family members should understand that PTSD is a serious condition that needs immediate medical attention and that the failue to recognize and treat the condition can lead to tragic consequences.

Another client was on an assembly line in Raleigh, N.C. when an explosion sent a ball of fire racing through the plant. The ceiling caved in and a worker right next to her was crushed to death. Fortunately, because of workers’ compensation, these injured workers got timely medical and psychiatric care, but what about those workers who don’t get adequate and quick treatment? Bad things can happen.

In reading Anthony Beevor’s excellent book, “D-Day – The Battle for Normandy” (Penguin Books, 2010), gruesome battle scenes were described as soldiers tried to capture Omaha Beach and beyond. One soldier saw “a man right next to him being hit by a splinter from a treeburst which entered the back of his head and came right through his face” (p.418). The effect on some of those who saw such events was called “exhaustion” and George Patton was severely rebuked when he accused them of being cowards.

Are some injured workers misdiagnosed, ignored, or not given proper and timely treatment after they experience traumatic events at work? Unfortunately, it does happen. 

Are some injured workers misdiagnosed, ignored, or not given proper and timely treatment after they experience similar scenes at work? Unfortunately, it does happen. Adjusters, employers, co-workers, attorneys and family members should understand that PTSD is a serious condition that needs immediate medical attention and that the failue to recognize and treat the condition can lead to tragic consequences, like the death of Margaret Anderson.

Leonard T. Jernigan Jr. is the founder of the Jernigan Law firm, a highly experienced firm representing injured workers across North Carolina. An acclaimed attorney, author, and law professor specializing in workers’ compensation, Leonard T. Jernigan Jr. is listed in Best Lawyers in America and Super Lawyers.

Question: I received a bill from my doctor for treatment relating to my workers’ compensation claim. Am I responsible for payment?

Answer: You do not have to pay your doctor for treatment resulting from your work-related accident.

If you are presented with a bill for a work-related medical treatment, just tell them to claim it against your employer's insurance policy.

There is often confusion about paying doctor bills related to work-related accidents, but the reality is relatively simple. Take for example, Joanna. While at work, a heavy box fell on Joanna’s foot. As a result, she was unable to walk and had to immediately go to the emergency room. Following treatment for her broken foot, Joanna received an expensive bill from the hospital. What should Joanna do?

Joanna should not pay the bill!

Under workers’ compensation law, your employer’s insurance covers expenses for any necessary medical treatment you receive stemming from a work-related accident. Hospital and doctor bills will be paid by the insured unless the state’s workers’ compensation board disallows your claim or resolves disputes concerning medical bills in favor of the insurance carrier. If the insurance company refuses to pay for treatment, it’s the responsibility of the medical provider to submit those disputed medical bills to the workers’ compensation board for reconciliation or arbitration.

In Joanna’s case, her workers’ compensation claim was accepted by her employer’s insurance company. Not being responsible for any costs associated with her initial visit to the emergency room, Joanna asked the hospital to submit the unpaid bill to her employer’s insurance carrier rather than paying it herself.

Remember, medical bills are not the responsibility of the workers’ compensation claimant.

Photo Credit: Ambro/FreeDigitalPhotos.net

Wrist pain? It may be a sign of Carpal Tunnel Syndrome.

Today’s post comes from our colleague Rod Rehm of Nebraska.

Carpal Tunnel Syndrome, also known as CTS, is an uncomfortable and often painful wrist disorder. It is a common injury that can be caused by workplace stress. Here are four things you should know about Carpal Tunnel Syndrome.

1) Carpal Tunnel Syndrome is caused by repeated stress.

Carpal Tunnel Syndrome is a Repetitive Stress Injury (RST). It occurs when the same action is repeated many times. When wrists are strained over and over again by actions like typing, the tendons in the wrist can become enlarged. Then the tendons can compress a nerve that runs through a passage in the wrist called the “carpal tunnel.”

2) Even if your wrists don’t hurt badly, you could still have CTS.

There are a whole range of symptoms associated with CTS, not just pain. Symptoms of CTS can include numbness or tingling pain in the hand, wrist, and forearm, impaired or lost nerve function, reduced muscle control, and reduced grip strength.

3) You can receive workers’ compensation for CTS.

According to Nebraska and Iowa law, workers can receive workers’ compensation from the onset of Carpal Tunnel Syndrome. This compensation includes 100% of all medical expenses that are reasonable and necessary to treat CTS, including both inpatient and outpatient care and prescriptions.

4) You may be entitled to compensation for permanent damage due to CTS.

If you experience partial or permanent loss of use of your hands or arms as the result of getting CTS at work, you may also be entitled to compensation for this loss. This is called Permanent Partial Disability Compensation, or PPD. Whether you receive PPD and how much you receive will be decided by a judge if you live in Nebraska and by an commissioner if you live in Iowa. If you think you may have CTS, talk to a doctor and lawyer you trust. You don’t have to suffer silently.

Rod Rehm is the founder of Rehm, Bennett & Moore, P.C., L.L.O., which serves clients in Nebraska and Iowa. Over the past 38 years, Rehm Bennett & Moore has served individuals throughout the Nebraska communities in the legal areas of personal injury, workers’ compensation, employment law, FELA, and Social Security Disability. Rod Rehm has been practicing law for nearly 40 years and is Director for the Nebraska Association of Trial Attorneys as well as Nebraska’s first representative to the ABA College of Workers’ Compensation Lawyers.

A work buddy can help you feel less lonely and stressed at work.

Recent studies on mental health and the workplace have led researchers to discover that, over time, conditions such as extended working hours and long periods of solitary work can lead to decreased productivity, anxiety, and even major depression.

Employers can create conditions that are more supportive of mental health by taking simple steps like allowing workers to take breaks where socializing is permitted.

While it may seem initially counter-intuitive, studies show that in the long run policies like these can lead to a more productive workplace.

Here are a few tips workers can use to stay mentally healthy at work:

• Form friendships in the workplace. A positive relationship with even a single colleague can make a big difference in combating loneliness and depression. A friend at your office could provide an ear when you really need to release some steam or just take a mental break from an intense task.

• That said, make a distinction between work and leisure, and make time for social activities outside the workplace. If at all possible, don’t skip holiday breaks. Take your vacation time; getting away from work for a few days at a time often revitalizes, and gives you a better perspective on things.

•  Take care of your health by getting enough sleep and exercise. Sleep is your brain’s downtime. Research shows that during sleep, your brain uses the opportunity to process thoughts and information that it receives during your waking hours—which is why you often think better and more clearly after a good night’s rest. Meanwhile, regular exercise helps you produce and release hormones that improve your sense of well-being, plus it boosts  blood supply to the brain and other important organs.

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Is your employer taking advantage of you?

Today we have a  guest post from our friend Tom Domer of Wisconsin. 

Over the course of 35 years representing injured workers, I have heard some whoppers – Employers’ questionable tactics that make even my jaw drop. With all the insurance company generated blather about “employee fraud” incidences of employer fraudulent tactics abound. Workers beware of the following:

• Recorded statements taken by worker’s compensation carrier adjuster while employee is under medication or in the hospital still suffering from the injury. Questions such as “It’s true you had (low back pain, arm pain, fill in the blank pain, etc.) before your work injury, correct? You’ve had lots more pain from (your motor vehicle accident, sports injury, etc.) than you’re experiencing from your work injury, correct?
• Employer “channeling” a work to its “Return to Work Clinic” (doctors on company payroll whose opinion is “like some athletic coaches, ‘rub some dirt on it and get back in the game’.”
• Telling employees to take sick leave rather than claim worker’s compensation.
• Telling employees to file medical bills under their group insurance, not worker’s comp.
• Nurse Case Manager who initially befriends the employee but later makes every attempt with the worker’s doctor to prematurely return the worker to the job before a healing occurs.

• Employer paying worker in cash with no payroll stub (or gives workers a Form 1099 rather than a W-2).
• Employers who cultivate a culture of non-reporting of injuries to tout “number of work days without an accident” (I’ve had employees report they have actually amputated part of a finger, wrapped it up in a handkerchief, put it in their pocket, and not reported the injury to get a cooler of beer as a premium for work days without an accident).

I am growing weary of hearing about “employee fraud” at every social gathering, cocktail party and seminar I attend. Employees should be vigilant regarding these employer tactics and contact an experienced worker’s compensation attorney concerning their worker’s compensation rights.

With over 30 years of experience representing injured workers in Wisconsin, Tom Domer was recently named the 2011 Milwaukee Workers’ Compensation Lawyer of the Year in Best Lawyers. Tom teaches the workers’ compensation course at Marquette University Law School, providing the instruction and training for many other lawyers. He lectures frequently around the nation. He also is a prolific writer, editing the national magazine Workers’ First Watch. He has co-authored over two dozen texts, including with his son and law partner Charlie, West’s Wisconsin Workers’ Compensation Law. Tom earned all his degrees in Wisconsin.

DGK Law wishes the New England Patriots the best of luck in today’s game. Happy Super Bowl Sunday to all the fans!

Don't wait to report your work injury!

Today’s post comes from our colleague Tom Domer of Wisconsin.

A U. S. Court of Appeals has ruled that an employer can require an employee to report their worker’s compensation injury even more quickly than required under Worker’s Compensation Law.

A Tennessee machinist experienced pain in her hands when she was transferred to a new position that was “like a muscle strain” when she pressed down on her machine and the pain stopped when she let go. The pain continued over the next two weeks, progressing to numbness and tingling, which forced her to see the Company Nurse. The nurse asked her why she had not reported her pain earlier and she said she wanted to “try to work through it” because she needed the job and did not want to tell her employer she could not do the job.

The next day the company fired her for failing to communicating an injury in a timely manner. She filed a claim with the Tennessee Worker’s Compensation Department and the District Court, which dismissed the claim. On appeal, the 6th Circuit noted that even though State law allowed employees 30 days in which to report a gradually occurring injury, the employer had the right to terminate based on its own policy of not reporting.

Don’t Be A “Tough Guy”

I see these claims often in my practice; claims in which the individual sustains an injury and wants to work through the pain or otherwise see if the pain will go away. Under these circumstances the worker does not report the injury. Since all injuries in worker’s compensation are based on a date of injury, this heroic “non-reporting” ends up biting the worker in the rear. For many employers, no report means no injury.

Gradual Occupational Claims

This “I’ll work through the pain” motive is especially damaging in occupational injury claims, which arise from repetitive motion and not the result of a single trauma. While it is understandable that an employee not be characterized as a “whiner” or “complainer” in the worker’s compensation setting, those who do not report do not benefit.

With over 30 years of experience representing injured workers in Wisconsin, Tom Domer was recently named the 2011 Milwaukee Workers’ Compensation Lawyer of the Year in Best Lawyers. Tom teaches the workers’ compensation course at Marquette University Law School, providing the instruction and training for many other lawyers. He lectures frequently around the nation. He also is a prolific writer, editing the national magazine Workers’ First Watch. He has co-authored over two dozen texts, including with his son and law partner Charlie, West’s Wisconsin Workers’ Compensation Law. Tom earned all his degrees in Wisconsin.

Foxconn employees in China work around the clock in deadly conditions to make Apple products.

Our colleague Rod Rehm shared a great post about Apple’s inhumane factory working conditions in China the other day. It gave us pause because we use Apple products in our business all the time. Whether it’s an iPhone to keep in touch with the office 24/7 or an iPad to help win our clients’ cases in the courtroom, these tools have become an integral part of our lives and the lives of hundreds of millions of people across the world.

We hope that through advocacy companies like Apple will improve their working conditions and increase standards of living across the globe. We also hope that as Apple moves to provide better working conditions for all of its workers and subcontractors, it can repatriate many of its jobs cost effectively.

In the video linked in Rod’s post, Jon Stewart points out that right now Apple saves about 20% on the cost of production by outsourcing to China. We, as fans of Apple’s products, would be willing to split the difference with them and pay 10% more for their excellent products if they’d absorb the other 10% and treat their workers humanely.

Here’s Rod’s original post (reprinted with permission):

When Henry Ford invented the Model T, he revolutionized manufacturing and in the process created tons of high-paying jobs for ordinary people. His wealth was shared.

When Steve Jobs and Apple invented the iPhone, they outsourced its manufacturing to Foxconn, a company that runs assembly lines in China. Aside from a few jobs at company headquarters and some sales and service positions at retail stores, the jobs are all overseas. The vast majority of the profits from the sales of Apple and other companies like it are going to the wealthy people who own Apple stock and a few extremely well-paid executives.

Jon Stewart details how life without “burdensome” regulations, “frivolous” lawsuits and labor unions means Chinese workers suffer so U.S. companies can build their products cheaper and accumulate more profits. Stewart’s investigative segment makes us all ask whether it is worth these inhumane conditions so we can get the next gadget for a few dollars less, or to pad the pockets of the wealthy a little more.

Today’s post comes to us from our colleague Len Jernigan of North Carolina.

As a workers’ compensation lawyer, by the time clients come to me they have often already had a series of frustrating interactions with their employers, insurance adjusters and sometimes even medical professionals. Clients come to me feeling stressed by these experiences.

My adversaries are not always easy to negotiate with, and over a long career I have honed in on a few methods that seem to work best for me. When meeting with clients, I try to pass along my methods so they can better navigate some of the new and confusing situations they have been thrust into as a result of a workplace injury.

Recently I came across some advice from Psychologist Jay Carter, who offers tips that closely mirror what I pass on to my clients. The following are some of his tips for dealing with difficult people:

See it for what it is. Rather than internalize the criticism or dwell on what you might have done to deserve the attack, recognize that the nasty person has personal issues.

Get away. Exit the room or the conversation calmly, efficiently, and without saying anything you’d regret.

Diffuse with humor: This is a variant of the old saying “you catch more flies with honey then vinegar.” If you humanize yourself to your adversary, they may want to go out of their way to help you. Self-deprecating humor is often an innocuous way to accomplish this.

Silent confrontation. Rather than fire back or get into a row, just maintain eye contact and give a calm smile that indicates you know what your tormentor’s doing; eventually they’ll feel so uncomfortable they’ll stop or leave.

Come again? Asking someone to repeat their nasty remark I’m sorry, what did you just call me? Forces them to own up to what they just said and many people, embarrassed, will water it down the second time around.

Don’ts: Don’t taunt, name call or get physically violent. Also, never tell an invalidator he or she is wrong; it starts a war.

So, there you have it. The next time an adversary wants to be difficult, try these out.

 
Leonard T. Jernigan Jr. is the founder of the Jernigan Law firm, a highly experienced firm representing injured workers across North Carolina. An acclaimed attorney, author, and law professor specializing in workers’ compensation, Leonard T. Jernigan Jr. is listed in Best Lawyers in America and Super Lawyers.