Injured Workers Emotions Triggered by the Workers’ Compensation Process

Have you suffered a disabling injury at work from an accident which was not your fault?  Are you feeling anger, frustration, anxiety, fear, a sense of hopelessness or depression?  Do you sometimes want to scream at someone?  If so, you are not alone.  All workers’ compensation accident victims and personal injury accident victims experience strong feelings from being injured.  The fact that workers’ compensation accident victims are hurt on-the-job brings a host of emotion unique to injured workers because they must deal with the workers’ compensation system.   

As a compassionate Workers’ Compensation attorney and a Personal Injury Accident lawyer I have heard many stories.

From representing injured individuals for over 40 years, I have heard innumerable stories about how struggling to recovery is made worse by having to deal with the workers’ compensation process.  My understanding of these issues has allowed me to show compassion for my clients as I guide them through a claims process which is confusing and at times downright unfair.   

Workers’ Compensation accident lawyers and Personal Injury Accident attorneys enter their cases under different circumstances.

This article is not intended as a detailed analysis of the feelings regularly experienced by injured workers but instead is intended to shed some light on the events in a workers’ compensation case which trigger strong feelings.  I hope that knowing other injured workers have experienced similar feelings will help the reader deal with his/her own feelings as they move through the claims process.

As a starting point, while many of the losses experienced by injured workers and injured non-workers are the same, injured workers have an additional set of issues to deal with because they must go through the workers’ compensation process to obtain workers’ compensation benefits.  And, they usually go through this process without the help of a workers’ compensation attorney.  Personal injury plaintiffs may struggle to survive with no help from the at fault party’s insurer until a settlement is reached, but can retain legal counsel at the beginning of the case.  If they have a good case, attorneys are readily available to provide advice.  

Injured workers cannot get help from an experienced workers’ compensation attorney who understands the workers’ compensation claims process unless benefits have actually been denied by the adjuster; an Alaska workers’ compensation attorney cannot be paid unless his/her legal services resulting in payment of workers’ compensation benefits which are being withheld by workers’ compensation insurer.

Workers’ Compensation accident victims probably have stronger emotional feelings from their injuries than personal injury accident victims.

I am not sure which category of injury victims -injured workers or personal injury plaintiffs- suffer the strongest adverse feelings, though I suspect injured workers trying to navigate the workers’ compensation system at the mercy of the claims handler have more emotional reactions.  Part of this anxiety and confusion arises because injured workers are not able to obtain legal advice from an experienced workers’ compensation accident lawyer on basic questions unless their claim has been controverted (denied) by the insurance company.  By then, they have experienced months of frustration and anxiety.

Being represented by an experienced Workers’ Compensation lawyer provides a sense of relief.

While an attorney does not provide psychological counseling, he/she will provide legal advice and assurance that the claimant is not being taken advantage of by the insurance company or the employer.  Once an injured worker has been able to hire an attorney, there is often a sense of relief because they then have a legal team in place fighting for fair treatment from the insurance company.  

Understanding the losses suffered by seriously injured workers is part of an experienced Workers’ Compensation attorney’s job.

So, what happens in a workers’ compensation case which triggers those strong feelings I have heard about?

First, in a serious injury case, a worker’s work life is disrupted, if not ended. Most people like being employed.  They like the routine.  They like the feeling of being productive and engaged in a worthwhile endeavor.  They enjoy their co-workers and the environment where they work.  They like the sense of identity which goes with the job.  Work gives them purpose in life.  And having a regular paycheck is necessary for meeting financial obligations.  All this changes when a significant injury interrupts the ability to work.  Not only does the injured worker experience pain from the injury, the hassle of attending medical appointments and the confusion of communicating with medical professionals, they worry about the future.  Will they recover so they can get back to work?  Will the company hold their job until they recover?  How will they pay their bills and support themselves and their family?  In addition to these worries about the future, they no longer have the daily routine of work, the ability to hang out with their co-workers, the sense of being part of a team at work, the identity which comes with being part of the company and having purpose.  And, they no longer have a regular paycheck.

Instead, they are, at best relegated to the bench while they heal up so they can return to work.  At worst, they will never return to work for their company or perform the kind of work they have done for their whole life.  All of this destabilizes an injured workers work life and personal life; their world is turned upside down.  But, if they are hurt on-the-job, they at least have workers’ compensation benefits.

The Workers’ Compensation process and its challenges.

So, what must an injured worker do to obtain workers’ compensation benefits?  They must deal with the workers’ compensation process!

Immediately after the injury, the worker must report the injury to his/her supervisor.  The absence of a report can affect entitlement to benefits.  If it is a serious injury resulting in a medevac or an ambulance run, the company will know of the injury.  The employer is legally required to file a report of injury with the Workers’ Compensation Board and contact its insurance company.  This should lead to the injured worker being contacted by a claims adjuster.  

When the adjuster calls, the injured worker is legally obligated to fully cooperate with the adjuster.  The adjuster will have lots of questions, including how the injury occurred, what injuries were suffered, whether pre-existing health issues were made worse by the work injury and whether some third-party may have been responsible for the injury.  The adjuster will request past earning information and signed releases so he/she can get medical records.  Failure or delay in providing this information will affect the workers receipt of benefits. Depending on the adjuster, this experience may be very off putting for the injured worker, particularly if he/she has had previous bad experiences with the insurance companies. 

Some injured workers are overly cautious–they do not want to say the wrong thing.  Some adjusters are great communicators, and some are downright rude, if not mean-spirited.  Regardless, the injured worker must work with the adjuster and provide requested information, so benefits get started.  Failure to cooperate with the adjuster can result in benefits being delayed or stopped. Because this experience is all new for most injured workers and is routine for the adjuster, there is an imbalance of power.  This creates a situation ripe for miscommunications and strong feelings of distrust, even before benefits get set up.

Emotional trigger points in the Workers’ Compensation process.

After workers’ compensation benefits begin to flow, that is not the end of the hassle I have labeled as the workers’ compensation process.  In reality, it is just the beginning. There are constant occurrences which trigger strong feelings from the injured worker.  Here is a partial list of commonly occurring events which trigger strong emotions:

1. Late temporary total disability payments.
2. Being unable to reach your adjuster and not receiving return calls when messages are left.
3. Having an adjuster or nurse case manager insist on attending medical appointments.
4. Receiving a certified letter stating an IME appointment has been scheduled two weeks in the future and threatening to terminate benefits if the appointment is not kept.
5. Attending an IME appointment with the insurance company doctor and not being listened to.
6. Reading an IME report and finding out that the insurance company doctor has written inaccurate or untruthful statements about you.
7. Learning your own doctor has made a mistake in your records which the adjuster is using against you.
8. Receiving a controversion notice (denial of benefits) coming off benefits.
9. Trying to locate an attorney who handles workers’ compensation cases.
10. Receiving rejection letters from attorneys who were unable to take the case.
11. Learning that it can take months to get your case heard before the Workers’ Compensation Board.
12. Being told by your attorney to apply for Medicaid as a means of obtaining medical benefits for your work injury.
13. Being told by the insurance company that they have overpaid your temporary total disability benefits and your future benefits will be reduced to reimburse their overpayment.
14. Learning that because you have moved out of state to reduce your cost-of-living, your TTD benefits will be reduced by a cost of living index, so your move has not helped you financially.
15. Undergoing a deposition from the other attorney.
16. Attending a Workers’ Compensation Board hearing and listening to what the other attorney has to say about you.
17. Trying to figure out if the insurance company is offering a fair settlement, especially if you are unrepresented.

As an experienced Workers’ Compensation attorney part of my job is helping my severely injured clients deal with their emotions. 

Each of my clients has his/her own emotional challenges related to being injured and going through the workers’ compensation process.  This is normal.  I understand this and part of my job is to help my clients go through the legal process notwithstanding the strong emotions they may be experiencing.  While I am not a psychological counselor, I do believe it is important for me to listen to and empathize with my clients as they go through the struggles of being injured and coping with the workers’ compensation system.  We get through this process together. 

If you have been seriously injured on-the-job and are being denied workers’ compensation benefits, you need to have your case reviewed by an experienced workers’ compensation lawyer.  Call my office at 929-4890 and we will provide you with information necessary to have your case reviewed.