Disability Law

The Importance of Reporting Your Injury Completely and Thoroughly and Why an Incomplete Report Can Damage Your Case

By Jodi Ginsberg

One of the issues that I sometimes face arises from my client's initial report of his injury.  When you are hurt on the job, you can help your case greatly by thoroughly and accurately reporting your injury.

Don't just talk about the one injury that is hurting you right now.  Instead, take an "inventory" of every part of your body that was involved.  Don't exaggerate, but don't minimize problems either.  For example, if you fell off a ladder, you might have immediate back pain.  But, you might also have:

• concussion
• headaches from the hard landing or from hitting your head
• neck pain from sudden impact
• foot problems from landing on your foot ackwardly
• knee problems from landing on or twisting your knee
• hand problems from falling hard on your hands

Your employer may send you to a doctor.  When you meet with the doctor, you want to begin creating an accurate paper trail.  Report each and every body part that is affected, even if the doctor does not seem interested.  Most doctors ask you to fill out an intake form - that form will become part of your case record.  Use it to identify all problems.

If you fail to list all problems at the outset, the insurance company may use this gap to deny coverage and to limit treatment.  If the insurance company identifies your case as a low back/hip case, they may not authorize your doctor to treat your knees or feet.  You could literally find yourself being treated for one part of your leg, but not another part because the doctor is specifically not authorized to treat that other part.

It may sound crazy to you that your doctor will only treat part of your problems, but this is a common situation in workers compensation.  The insurance companies put very specific limits on what they will pay the doctors to treat.

Now, what happens if you did not give your supervisor or your initial treating doctor an accurate description of your injury?  It may not be too late.  You may still be able to update your report of your injury and preserve your rights.  I would advise you to speak to an attorney before trying to do this on your own. 

Here is an example from one of my recent cases that demonstrates the importance of accurately reporting your injury.

My client was a carpenter who was carrying a 2×4 board on his left shoulder.  His right hand was in his apron  He fell down and landed on his left shoulder, leaving him in severe pain.  The employer sent him to a local emergency room where he complained about his left shoulder.  An MRI was done, showing a torn left rotator cuff that required surgery.

Following surgery and physical therapy, my client remained in severe pain.  At this point, the injured carpenter called me.  My first question - are you having headaches?  I asked this because I know that headaches are a common symptom of cervical (neck) disc problems.  I used the "employee's second opinion" to have my client seen by an orthopedist who specializes in neck injuries.  Sure enough, my client had a herniated disc in his cervical spine. 

This cervical spine issue necessitated additional surgery and rehabilitation.  Because the injury was more severe than originally thought, this case had significantly more settlement value as well.  My client did have any medical background and there is no reason for him to know about the anatomy of the neck and shoulder.  I do have an understanding of this anatomy because I have represented dozens of claimants with similar issues.  This is a case where I was able to use my experience and knowledge for the benefit of my client.

Full post as published by Georgia Workers Compensation blog on May 12, 2008 (boomark / email).