Most of my clients suffer from pain.The Workers’ Compensation Law does not recognize pain, or suffering, as an item that is compensated with money.
At best, it is just one factor that is considered when the Board decides whether someone is disabled or not.
“The Workers’ Compensation Law does not recognize pain, or suffering, as an item that is compensated with money. ”Be that as it may, pain plays a big role in the WC system. Often,
workers are forced back to work despite being in extreme pain. Carriers must pay or reimburse for pain medications if the medications are related to the accident. There are even Medical Treatment Guidelines (see below) that deal with chronic pain. A huge problem in my opinion is that law judges often underestimate the amount of pain a claimant is in. This error may lead to decisions that find a client not disabled or mildly disabled when he or she is in fact totally incapable of working because of pain. The difficulty lies in the fact that no one can really know the pain someone else is experiencing. At best, it’s just an educated guess. Judges do not automatically find a disability, even if the injured worker claims to be in severe pain for obvious reasons. It is a lot more complicated than that (see Proving Disability). "For a free consultation to explore your legal options call the attorney at Daniel M. Morrin today" (516) 307-8000 and also visit our website. http://mydisabilityatty.com
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