Alabama Workers Compensation Attorneys: No one is listening to me about my Pain
Alabama Workers Compensation Lawyers-it feels like no one is listening to me about my pain. Unfortunately, this is a sentiment we hear way to often from our clients who have suffered work injuries in Alabama. They suffered an injury while performing their job duties, and what they want more than anything is to be fixed so they can get back to work and providing for their family, but once the surgeries are over with, their complaint about their continued pain seems to fall on deaf ears and they are understandably frustrated.
In her book “The Body in Pain,” Professor Elaine Scarry made the following statement: “To have great pain is to have certainty; to hear about pain is to have doubt.” Unfortunately, this is a truism that injured workers in Alabama have learned all too often.
We generally hear this after surgery has been performed and the surgeon has stated that the injured worker has healed nicely and is no at maximum medical improvement (MMI), yet the injured worker is still suffering with pain associated with their injury and surgery. The doctor releases them to return to work, but the physical demands of their job aggravate their pain, but when they complain of their pain the treating physician doesn’t seem to care. After a while, the injured worker figures that complaining about their pain is a waste of time and they quit telling their doctor about this-and this is a mistake.
I have told many of our clients that a surgeon is paid for performing surgery. When there is nothing left for them to operate on, their job is done. They are not in the business of writing pain prescriptions for patients they no longer treat-and this is understandable; however, that does not mean that nothing can be done to help with your pain. If you do not tell the treating doctor about your continued pain (or any continued symptoms), then their medical records will not reflect that you have been complaining of continued or chronic pain, but the record may say “no complaints at this time,” which not only is misleading, but can harm your case.
If you have developed chronic pain syndrome as a result of a job injury, then under Alabama’s Workers Compensation laws, your condition is supposed to be covered by your employer’s workers’ compensation insurance carrier. This means that if your treating physician refers you to a pain management doctor (a physiatrist), then workers’ comp has to send you to see a specialist, so if you do suffer with chronic pain-TELL YOUR DOCTOR AND ASK FOR A REFERAL TO A PAIN DOCTOR. Unfortunately, it is not uncommon for workers comp to try and avoid following through with this referral, and when they hesitate in doing what the law states you are entitled to receive-that is when an experienced Alabama Workers Compensation Lawyer can be invaluable. If your authorized treating physician continues to ignore your complaints, you may also wish to consider requesting a Panel of Four so as to pick a new treating physician.
If you are employed in Alabama and have suffered a job injury and you have questions about your right to Alabama Workers Compensation benefits, of if you have been denied Social Security Disability benefits or SSI benefits, don’t hesitate to call and speak with one of the knowledgeable attorneys at Powell and Denny today for a free consultation. Appointments are available in person, or virtually via Zoom if more convenient.
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Powell and Denny have been selected as one of the Best Law Firms by U.S. News and World Report for each of the last 9 years, have been selected as one of Birmingham’s Top Lawyers by B-Metro Magazine for the last 5 years, have been selected by The National Advocates as one of the Top 20 Workers’ Compensation Firms (plaintiffs) and Powell and Denny, P.C.-has been selected as one of the “Best of the Best” law firms by The American Registry and included in the list as one of the Mid-South’s Super Lawyers.
Mr. Denny is AV rated by Martindale Hubbard (the highest rating possible) and Mr. Powell has been rated as Superior by The National Registry
+ Powell and Denny have successfully represented injured workers from Birmingham, Huntsville, Florence, Muscle Shoals, Tuscumbia, Athens, Decatur, Town Creek Ardmore, Hartselle, Madison, Toney, Scottsboro, Ft. Payne, New Hope, Guntersville, Albertville, Boaz, Ashville, Anniston, Gadsden, Cullman, Jasper, Gardendale, Morris, Kimberly, Centerpoint, Leeds, Tarrant City, Fairfield, Hueytown, Bessemer, Adger, Tuscaloosa, Cordova, Alabaster, Pelham, Harpersville, Opelika, Phenix City, Montgomery, Clanton, Calera, Enterprise, Monroeville, Mobile, Evergreen, Dothan, Alabaster, Pelham, Trussville and towns and cities in between.
Alabama Workers Compensation Lawyers: No one is listening to me about my Pain