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The Patient vs The Nefarious Workman's Compensation Board

© Les Abrams

Whitehouse Update - 7 weeks of no response to issue of the DEA crackdown on doctors that prescribe pain medication. Perhaps one must not hold one's breath while waiting for a response from these folks. They must be busy with the destruction of Serbia.

Author's Opening Note: This week's article will concentrate on the problems that face the patient of RSD resulting from an "On the job injury." Tips on winning a workers' comp case from someone who has been there, by Mary Jeffords, has inspired the discussion on the strategy to beat the paying agencies at their own game.

INTRODUCTION

The issues of the Insurance Companies, Workman's Compensation boards, and Social Security - loom large and foreboding in the face of the hapless patient that has had a work related injury that results in the onset of RSD. This is where the situation really becomes totally bizarre for the patient. The insurance company or workman's compensation board does not want to pay any claim. So treatment for the patient is not possible - until the approval of the responsible agency is obtained. This process may take several an interminable and unpredictable amount of time.

The patient often loses their job - due to disability. To survive - the patient files for SSI or SSD (supplemental social security). This process is the cruelest of all, often requiring years to complete - and payment is not retroactive to the date of injury or filing, thus, there is great incentive for the responsible payee to maximize the delay. And all of this - under the law - for this is the result of our careful legislators and their work.

Now the patient - once healthy, robust and having an active life, is reduced to the status of an unemployable invalid and has no money with which to survive, has no hope of ever regaining a once productive former life and is in the most excruciating pain. Further the patient is often alone, because their family and spouse do not want to support and take care of the patient. So now the patient has an outlook of utter hopelessness - and no future, and no prospects of a life at all. While there are no statistics, a significant number of victims appear to be committing suicide.

A STRATEGY FOR THE PATIENT TO WIN

If the patient wishes a sound strategy - it is possible to obtain a fair settlement and decent coverage from these reluctant paying agencies - by planning well. Keep meticulous records. Daily journals, records of each and every telephone call. Records of each and every medical expense. Each and every associated medical cost, transportation, payment for services that can no longer be performed by the patient. The list is quite long.

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