My complaints of pain are being ignored

My complaints of pain are being ignored

“It feels like no one is listening to me about my pain.” Unfortunately, this is something we hear far too often from Alabama workers who have suffered job-related injuries. After an on-the-job injury, most people want one simple thing: to heal, return to work, and continue providing for their families. When that does not happen, frustration quickly sets in.

This problem most often arises after surgery. The surgeon reports that the worker has healed well and has reached maximum medical improvement (MMI), yet the worker continues to experience pain related to the injury or the surgery itself. The doctor releases the worker to return to work, but the physical demands of the job aggravate the pain. When the worker raises these concerns, they may feel dismissed or ignored. Over time, many stop mentioning the pain altogether, believing that complaining is pointless. That silence can be a serious mistake.

Professor Elaine Scarry captured this disconnect well in The Body in Pain: “To have great pain is to have certainty; to hear about pain is to have doubt.” In workers’ compensation cases, that doubt often appears in medical records. If continued pain is not reported, the chart may reflect “no complaints at this time,” even when that is not true. Those records can later be used to undermine the legitimacy of the worker’s claim.

It is important to understand the medical context. Surgeons are paid to perform surgery. Once there is nothing left to operate on, their role is largely complete. They are not pain management specialists, and it is reasonable that they do not continue prescribing pain medication indefinitely. But that does not mean nothing more can be done. Chronic pain is a recognized medical condition, and under Alabama workers’ compensation law, it can be compensable.

If a work injury results in chronic pain, the treating physician can refer the worker to a pain management specialist, such as a physiatrist. When that referral is made, the workers’ compensation insurance carrier is required to authorize the treatment. For that reason, it is critical to tell your doctor about ongoing pain and to ask about a referral when appropriate. If complaints are ignored, Alabama law may also allow the worker to request a “Panel of Four” to select a new authorized treating physician.

Workers’ compensation cases often turn on what is documented and when. Making sure pain is properly reported and addressed is not complaining—it is protecting your health and your rights.

If you have suffered a job injury and you have questions about your rights under Alabama Workers Compensation laws, please do not hesitate to contact and speak with one of the experienced Alabama+ Workers Comp Lawyers at Powell and Denny today for a free consultation; and remember, virtual appointments are available through Zoom so you can meet with one of the attorneys of Powell and Denny from wherever you live.

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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 7 years, have been selected as one of Birmingham’s Top Lawyers by B-Metro Magazine for the last 3 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

Mr. Denny is AV rated by Martindale Hubbard (the highest rating possible) and Mr. Powell has been rated as Superior by The National Registry and selected as a Lawyer of Distinction.

+ 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, Centreville, Brent, West Blocton, Woodstock, Brierfield, Lakeview and towns and cities in between.

 

 

My complaints of pain are being ignored