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Coping with Back Pain & Depression After a Work Injury

I found a great article today (www.spine-health.com) on dealing with chronic pain and depression.  Sadly many injured workers who have suffered a serious injury can end up dealing with one or both of these conditions.  I wanted to pass along Dr. Deardorff’s article in hopes that this information may help some of my clients dealing with these adverse situations.

 

As always, this is not intended as medical advice, simply information to keep my clients well informed and hopefully help them to address these issues with their doctor.

 

4 Tips to Help Cope With Chronic Pain and Depression

By: William W. Deardorff, PhD, ABPP

It is not uncommon for those who suffer from chronic pain to feel stressed and depressed at times. This is no surprise, given the fact that “chronic pain” usually means pain that lasts more than three to six months. Prolonged pain appears to set up a pathway in the nervous system that sends pain signals to the brain, even in the absence of an underlying anatomical problem.

 

Some chronic pain may be due to a diagnosable anatomical problem, such as degenerative disc disease or spinal stenosis, that can cause continual pain until successfully treated. More often, the chronic pain has no clear anatomical cause, as in failed back surgery syndrome or chronic back pain without an identified pain generator. In such cases, the pain is itself the disease. Click here for more Depression Symptoms

 

For some people, the stress and depression resulting from chronic pain can become consuming, and can even worsen and prolong the pain. Increased pain can, in turn, lead to increased stress and depression, creating a cycle of depression and pain that can be difficult to break. There are things a person with pain can do, however, to prevent or manage the chronic pain and depression that may develop:

 

1) Minimize the chances of developing chronic pain

Talking to a physician about symptoms of depression or stress, or a history of depression, while still in the acute pain phase can alert a physician to the need for consideration of both conditions in creating a treatment plan for the patient’s spine health. While one patient may demonstrate a full recovery from the initial injury, a patient who is more prone to depression and stress, shows signs of depression and/or stress, or who has a history of clinical depression may be more vulnerable to developing a chronic pain problem that persists beyond the initial acute pain complaint. An informed physician can suggest a treatment plan early on that treats the patient’s mental state as well as their physical pain, minimizing the chances of the patient developing a chronic pain problem.

 

It is advisable for patients to talk with their doctors if they experience any of the following common symptoms of depression:

*Changes in sleep patterns

*Changes in appetite

*Feelings of anxiety.

 

Stress can manifest itself in several ways Patients should talk with their doctors if they believe they exhibit symptoms characteristic of stress-related back pain, which are similar to those of fibromyalgia:

 

*Back pain and/or neck pain

*Diffuse muscle aches

*Muscle tender points

*Sleep disturbance and fatigue

*In many stress-related back pain cases, patients complain of the pain “moving around”

 

Chronic pain can also be exacerbated by things such as physical de-conditioning due to lack of exercise and a person’s thoughts about the pain. Patients can help thwart their pain from developing into or minimizing chronic pain by engaging in an appropriate exercise program and practicing distraction, guided imagery and other cognitive techniques.

 

2) Identify stress triggers that can increase chronic pain

“Patients can monitor how their own stress and anxiety affects their back pain by keeping a diary of when their back pain changes and what kinds of stress could be triggering the pain. This exercise can redirect a patient’s focus from the pain to the elements in their life that affect their pain. Identifying stress triggers or emotional triggers that affect the pain will give the patient the opportunity for better pain relief through avoiding or eliminating these stress triggers. Recognizing how depression and stress affect their pain can lessen anxiety by giving patients more control over their chronic pain problem.”

 

3) Communicate about depression

“Depression and an emotional reaction to chronic pain are normal. Many patients do not speak to their physicians about their depression because they believe that once the initial pain problem is resolved, the depression, anxiety, and stress they are feeling will go away. However, secondary losses from a chronic pain problem, such as changes in the ability to do favorite activities, disrupted family relationships, financial stress, or the loss of a job, can continue to contribute to feelings of hopelessness and depression.

 

“Talking to a physician about feelings of depression will keep the physician better informed and better able to provide appropriate care. Depression can affect the frequency and intensity of pain symptoms, and the healing rate. Getting simultaneous back pain treatment and depression treatment will give the patient a better chance of a full recovery.””

 

4) Seek multi-disciplinary care for pain and depression

“Informing a physician of depression can create an opportunity for a multi-disciplinary course of treatment involving both a physician and a mental health professional. With a team approach, both the pain problem and the depression are monitored simultaneously, and both doctors can communicate about how each area affects the other. It’s important for physicians to understand that changes in the physical symptoms of pain can also be related to changes in a patient’s mental state.

 

In addition, some common treatments for pain, including opioid pain medication, can actually make depression worse. This worsening depression can then affect the physical presentation of the pain. If both physical and mental well-being are being monitored closely by medical experts, treatment and medication recommendations, including antidepressants, can be made that take both the physical pain and the emotional health of the patient into account.”

 

For more information on Virginia Workers Compensation, order my book, “The Ultimate Guide to Workers’ Compensation in Virginia” by clicking this link, or call our office today (804) 755-7755.

~Author

Michele Lewane, Esq.

Depression and Chronic Back Pain After a Work Injury

I have represented a lot of injured workers who suffered a back injury at work and sometimes, these injuries can lead to other conditions, like depression or chronic pain.  While depression and chronic pain are very common after a serious back injury, there is still a lot that medical professionals are examining to better understand the relationship between chronic pain and depression.

 

I wanted to pass on Dr. Deardorff’s article (taken from www.spine-health.com) explaining some of the links between chronic pain and depression so you can be informed and possibly have a better understanding of some things you might be dealing with.

 

Depression and Chronic Back Pain

By: William W. Deardorff, PhD, ABPP

“Depression is by far the most common emotion associated with chronic back pain. The type of depression that often accompanies chronic pain is referred to as major depression or clinical depression. This type of depression goes beyond what would be considered normal sadness or feeling “down for a few days”.

 

The symptoms of a major depression occur daily for at least two weeks and include at least 5 of the following (DSM-IV, 1994):

 

*A predominant mood that is depressed, sad, blue, hopeless, low, or irritable, which may include periodic crying spells

*Poor appetite or significant weight loss or increased appetite or weight gain

*Sleep problem of either too much (hypersomnia) or too little (hyposomnia) sleep

*Feeling agitated (restless) or sluggish (low energy or fatigue)

*Loss of interest or pleasure in usual activities

*Decreased sex drive

*Feeling of worthlessness and/or guilt

*Problems with concentration or memory

*Thoughts of death, suicide, or wishing to be dead

 

Chronic pain and depression are two of the most common health problems that health professionals encounter, yet only a handful of studies have investigated the relationship between these conditions in the general population (Currie and Wang, 2004).

 

Major depression is thought to be four times greater in people with chronic back pain than in the general population (Sullivan, Reesor, Mikail & Fisher, 1992). In research studies on depression in chronic low back pain patients seeking treatment at pain clinics, prevalence rates are even higher. 32 to 82 percent of patients show some type of depression or depressive problem, with an average of 62 percent (Sinel, Deardorff & Goldstein, 1996). In a recent study it was found that the rate of major depression increased in a linear fashion with greater pain severity (Currie and Wang, 2004). It was also found that the combination of chronic back pain and depression was associated with greater disability than either depression or chronic back pain alone.”

 

Depression is Common for Those with Chronic Back Pain

“Depression is more commonly seen in patients with chronic back pain problems than in patients with pain that is of an acute, short-term nature. How does depression develop in these cases? This can be understood by looking at the host of symptoms often experienced by the person with chronic back pain or other spine-related pain.

 

*The pain often makes it difficult to sleep, leading to fatigue and irritability during the day.

*Then, during the day, because patients with back pain have difficulty with most movement they often move slowly and carefully, spending most of their time at home away from others. This leads to social isolation and a lack of enjoyable activities.

*Due to the inability to work, there may also be financial difficulties that begin to impact the entire family.

*Beyond the pain itself, there may be gastrointestinal distress caused by anti-inflammatory medication and a general feeling of mental dullness from the pain medications.

*The pain is distracting, leading to memory and concentration difficulties.

*Sexual activity is often the last thing on the person’s mind and this causes more stress in the patient’s relationships.

 

Understandably, these symptoms accompanying chronic back pain or neck pain may lead to feelings of despair, hopelessness and other symptoms of a major depression or clinical depression.

 

A recent study by Strunin and Boden (2004) investigated the family consequences of chronic back pain. Patients reported a wide range of limitations on family and social roles including: physical limitation that hampered patients’ ability to do household chores, take care of the children, and engage in leisure activities with their spouses. Spouses and children often took over family responsibilities once carried out by the individual with back pain. These changes in the family often led to depression and anger among the back pain patients and to stress and strain in family relationships.”

 

I believe that depression can be a “silent destroyer” because too many people fail to recognize the signs or, they fail to get treatment for their condition even if the depression seems to be slowly breaking down the fabric of their lives.  I don’t want to see anyone suffer needlessly, there is help available.

 

While I NEVER give medical advice or a medical opinion, if you feel that the information in this article reflects on your situation, you need to address this with your doctor right away.

 

For more information on Virginia Workers Compensation, order my book, “The Ultimate Guide to Workers’ Compensation in Virginia” by clicking this link, or call our office today (804) 755-7755.

~Author

Michele Lewane, Esq.

 

Recruit’s wrongful death suit dismissed

Recruit’s wrongful death suit dismissed

Updated: Tuesday, 30 Apr 2013, 7:06 PM EDT
Published : Tuesday, 30 Apr 2013, 2:49 PM EDT

• Andy Fox
• Jane AlvarezWertz

NORFOLK, Va. (WAVY) – The family of Norfolk Police Recruit John Kohn can not take their wrongful death lawsuit before a jury.

Kohn was repeatedly hit in the head December 9, 2010. He died from complications from that training on December 18.

Norfolk Circuit Court Judge Mary Jane Hall ruled Monday that worker compensation is the only exclusive remedy for the Kohn Family because there were no material facts in dispute and no need for a jury.  In the ruling, Judge Hall ruled the $30 million wrongful death lawsuit is terminated.

The Kohn Family attorney Jim Lewis wanted to get this to a jury. He told WAVY.com, “They had a training program in place to inflict head trauma to these recruits.  It was intended to do that, and there was no safety net to respond to either evaluate whether the program was safe, or to respond if there was a brain injury like what happened to Mr. Kohn.”

Following Kohn’s death defensive tactics training changed with the City.

The City argued this was an accident and since Kohn was a City employee, it is a worker compensation issue and should be determined by the Industrial Commission that sets worker comp payments.

The worker compensation formula brings much less than what a jury decision would bring.

The City Attorney’s Office released the following statement following Monday’s ruling:

The City extends its sympathy to the Kohn family on the loss of Mr. Kohn.

Virginia law dictates the forum wherein claims for workplace injuries and deaths can be brought. The issue heard yesterday was whether the Circuit Court of Norfolk could properly maintain jurisdiction over the wrongful death claim filed by Mr. Kohn’s estate, or whether the Virginia Workers’ Compensation Commission has exclusive jurisdiction over the claim for his death. Judge Hall determined the claim was within the exclusive jurisdiction of the Virginia Workers’ Compensation Commission. The City’s position has always been that Mr. Kohn’s family was entitled to full death benefits provided for under the Virginia Workers’ Compensation Act.

The Kohns can appeal to the State Supreme Court, but that decision has not been made.

The FOLLOWING ARE COMMENTS FROM ATTORNEY MICHELE LEWANE:

This is such a terrible situation for this family. An intentional assault should be allowed to be tried by a jury. Under workers compensation in Virginia , all the dependents will share 2/3rd’s of this recruit’s average weekly wage.So if he made $52,000 a year or $1000 a week, they would get $666.67 a week. If he had a wife, two kids, they would each get $222.22 a week at the most for 9 1/2 years.It usually stops much sooner. If a child turns 18 and does not go to college, he stops getting paid. If the wife remarries, she stops getting paid. They get nothing for the pain and loss of a husband and father.The only silver lining may be that the public will learn how little people get while on workers comp that they would write to their state congressman to counter the insurance companies’ lobbyists

Self Help for Depression

I found some tips from the National Institute of Mental Health for “self help” for people who may be suffering from depression.

 

To Help Yourself                                                                    (www.nimh.nih.gov)

*Do not wait too long to get evaluated or treated. There is research showing the longer one waits, the greater the impairment can be down the road. Try to see a professional as soon as possible.

*Try to be active and exercise. Go to a movie, a ballgame, or another event or activity that you once enjoyed.

*Set realistic goals for yourself.

*Break up large tasks into small ones, set some priorities and do what you can as you can.

*Try to spend time with other people and confide in a trusted friend or relative. *Try not to isolate yourself, and let others help you.

*Expect your mood to improve gradually, not immediately. Do not expect to suddenly “snap out of” your depression. Often during treatment for depression, sleep and appetite will begin to improve before your depressed mood lifts.

*Postpone important decisions, such as getting married or divorced or changing jobs, until you feel better. Discuss decisions with others who know you well and have a more objective view of your situation.

*Remember that positive thinking will replace negative thoughts as your depression responds to treatment.

*Continue to educate yourself about depression.

 

This information is NOT meant to be medical advice or a medical opinion.

 

I understand that not all of these items may apply or help with your particular situation but a positive attitude goes a long way in dealing with any life changing event.  Of all the people I have represented over the last 20+ years, the people who make an effort to maintain a positive outlook seem to have the best recovery and the best outlook on their future after dealing with a work injury.

 

If you are dealing with depression related to your work injury, make sure you discuss this information with your doctor.

 

For more information on work injuries and Virginia Workers Compensation, order my book, “The Ultimate Guide to Workers’ Compensation in Virginia” by clicking this link, or call our office today (804) 755-7755.

~Author

Michele Lewane, Esq.

 

Depression Can Affect Men, Women and Older Adults Differently

Often times, people who have been injured at work find themselves facing circumstances that can lead to depression (loss of ability to things they did before the injury, loss of income, loss of employment, chronic pain and so on) and many other biological factors can also play a role in leading to a person suffering from depression.  Many of us may not realize it, but according to this article (taken from the National Institute of Mental Health), depression can affect men, women  and older adults in different ways and for several different reasons.

 

How do women experience depression?                   (ww.nimh.nih.gov)

Depression is more common among women than among men. Biological, life cycle, hormonal, and psychosocial factors that women experience may be linked to women’s higher depression rate. Researchers have shown that hormones directly affect the brain chemistry that controls emotions and mood. For example, women are especially vulnerable to developing postpartum depression after giving birth, when hormonal and physical changes and the new responsibility of caring for a newborn can be overwhelming.

Some women may also have a severe form of premenstrual syndrome (PMS) called premenstrual dysphoric disorder (PMDD). PMDD is associated with the hormonal changes that typically occur around ovulation and before menstruation begins.

During the transition into menopause, some women experience an increased risk for depression. In addition, osteoporosis—bone thinning or loss—may be associated with depression.11 Scientists are exploring all of these potential connections and how the cyclical rise and fall of estrogen and other hormones may affect a woman’s brain chemistry.12

Finally, many women face the additional stresses of work and home responsibilities, caring for children and aging parents, abuse, poverty, and relationship strains. It is still unclear, though, why some women faced with enormous challenges develop depression, while others with similar challenges do not.

How do men experience depression?

Men often experience depression differently than women. While women with depression are more likely to have feelings of sadness, worthlessness, and excessive guilt, men are more likely to be very tired, irritable, lose interest in once-pleasurable activities, and have difficulty sleeping.13,14

Men may be more likely than women to turn to alcohol or drugs when they are depressed. They also may become frustrated, discouraged, irritable, angry, and sometimes abusive. Some men throw themselves into their work to avoid talking about their depression with family or friends, or behave recklessly. And although more women attempt suicide, many more men die by suicide in the United States.15

How do older adults experience depression?

Depression is not a normal part of aging. Studies show that most seniors feel satisfied with their lives, despite having more illnesses or physical problems. However, when older adults do have depression, it may be overlooked because seniors may show different, less obvious symptoms. They may be less likely to experience or admit to feelings of sadness or grief.16

Sometimes it can be difficult to distinguish grief from major depression. Grief after loss of a loved one is a normal reaction to the loss and generally does not require professional mental health treatment. However, grief that is complicated and lasts for a very long time following a loss may require treatment. Researchers continue to study the relationship between complicated grief and major depression.17

Older adults also may have more medical conditions such as heart disease, stroke, or cancer, which may cause depressive symptoms. Or they may be taking medications with side effects that contribute to depression. Some older adults may experience what doctors call vascular depression, also called arteriosclerotic depression or subcortical ischemic depression. Vascular depression may result when blood vessels become less flexible and harden over time, becoming constricted. Such hardening of vessels prevents normal blood flow to the body’s organs, including the brain. Those with vascular depression may have, or be at risk for, co-existing heart disease or stroke.18

Although many people assume that the highest rates of suicide are among young people, older white males age 85 and older actually have the highest suicide rate in the United States. Many have a depressive illness that their doctors are not aware of, even though many of these suicide victims visit their doctors within 1 month of their deaths.19

Most older adults with depression improve when they receive treatment with an antidepressant, psychotherapy, or a combination of both.20 Research has shown that medication alone and combination treatment are both effective in reducing depression in older adults.21 Psychotherapy alone also can be effective in helping older adults stay free of depression, especially among those with minor depression. Psychotherapy is particularly useful for those who are unable or unwilling to take antidepressant medication.22,23

If you are dealing with depression related to your work injury, make sure you discuss this information with your doctor.

For more information on work injuries and Virginia Workers Compensation, order my book, “The Ultimate Guide to Workers’ Compensation in Virginia” by clicking this link, or call our office today (804) 755-7755.

~Author

Michele Lewane, Esq.

Signs of Depression After a Work Injury

Many people who have suffered the misfortune of a workplace injury face the prospect of being out for work for an extended period of time. Being out of work for a long period of time can lead to other challenges (loss of income, lack of physical activity, inability to pay bills, prolonged periods of pain, anxiety, and so on). One of the big problems injured workers in these situations face is the increased likely hood that they could become depressed.

I have done some research on the internet and found several lists of signs to look for if you believe you or someone you know might be depressed. The first list is taken from the National Institute of Mental Health (www.nimh.nih.gov) and the second list is taken from The Mayo Clinic (www.mayoclinic.com).

I wanted to pass this information on to you so that you can hopefully recognize when you or someone you know may need help.

Signs and symptoms include: (www.nimh.nih.gov)
*Persistent sad, anxious, or “empty” feelings
*Feelings of hopelessness or pessimism
*Feelings of guilt, worthlessness, or helplessness
*Irritability, restlessness
*Loss of interest in activities or hobbies once pleasurable, including sex
*Fatigue and decreased energy
*Difficulty concentrating, remembering details, and making decisions
*Insomnia, early-morning wakefulness, or excessive sleeping
*Overeating, or appetite loss
*Thoughts of suicide, suicide attempts
*Aches or pains, headaches, cramps, or digestive problems that do not ease even with treatment.

Depression symptoms include: (www.mayoclinic.com)
*Feelings of sadness or unhappiness
*Irritability or frustration, even over small matters
*Loss of interest or pleasure in normal activities
*Reduced sex drive
*Insomnia or excessive sleeping
*Changes in appetite — depression often causes decreased appetite and weight loss, but in some people it causes increased cravings for food and weight gain
*Agitation or restlessness — for example, pacing, hand-wringing or an *inability to sit still
*Irritability or angry outbursts
*Slowed thinking, speaking or body movements
*Indecisiveness, distractibility and decreased concentration
*Fatigue, tiredness and loss of energy — even small tasks may seem to require a lot of effort
*Feelings of worthlessness or guilt, fixating on past failures or blaming yourself when things aren’t going right
*Trouble thinking, concentrating, making decisions and remembering things
*Frequent thoughts of death, dying or suicide
*Crying spells for no apparent reason
*Unexplained physical problems, such as back pain or headaches

For some people, depression symptoms are so severe that it’s obvious something isn’t right. Other people feel generally miserable or unhappy without really knowing why.

Depression affects each person in different ways, so symptoms caused by depression vary from person to person. Inherited traits, age, gender and cultural background all play a role in how depression may affect you

If you are dealing with depression related to your work injury, make sure you discuss this information with your doctor.

For more information on work injuries and Virginia Workers Compensation, order my book, “The Ultimate Guide to Workers’ Compensation in Virginia” by clicking this link, or call our office today (804) 755-7755.
~Author
Michele Lewane, Esq.

Types of Back Pain After a Work Injury

So many of my clients have come to me after a workplace injury has caused damage to their back; while many of these folks can tell me their medical diagnosis is, most will openly admit that they do not truly understand what this medical terminology means.  I wanted to share this information with you so that hopefully you can gain some clarity on your situation.

 

As always folks, I am sharing this with you strictly as information to discuss with your doctor.  This is in no way medical advice and any questions or concerns you have need to be addressed with your physician.

 

(taken from http://www.ninds.nih.gov/disorders/backpain)

 

What conditions are associated with low back pain?

 

Conditions that may cause low back pain and require treatment by a physician or other health specialist include:

 

Bulging disc (also called protruding, herniated, or ruptured disc). The intervertebral discs are under constant pressure. As discs degenerate and weaken, cartilage can bulge or be pushed into the space containing the spinal cord or a nerve root, causing pain. Studies have shown that most herniated discs occur in the lower, lumbar portion of the spinal column.

 

A much more serious complication of a ruptured disc is cauda equina syndrome, which occurs when disc material is pushed into the spinal canal and compresses the bundle of lumbar and sacral nerve roots. Permanent neurological damage may result if this syndrome is left untreated.

 

Sciatica is a condition in which a herniated or ruptured disc presses on the sciatic nerve, the large nerve that extends down the spinal column to its exit point in the pelvis and carries nerve fibers to the leg. This compression causes shock-like or burning low back pain combined with pain through the buttocks and down one leg to below the knee, occasionally reaching the foot. In the most extreme cases, when the nerve is pinched between the disc and an adjacent bone, the symptoms involve not pain but numbness and some loss of motor control over the leg due to interruption of nerve signaling. The condition may also be caused by a tumor, cyst, metastatic disease, or degeneration of the sciatic nerve root.

 

Spinal degeneration from disc wear and tear can lead to a narrowing of the spinal canal. A person with spinal degeneration may experience stiffness in the back upon awakening or may feel pain after walking or standing for a long time.

 

Spinal stenosis related to congenital narrowing of the bony canal predisposes some people to pain related to disc disease.

 

Osteoporosis is a metabolic bone disease marked by progressive decrease in bone density and strength. Fracture of brittle, porous bones in the spine and hips results when the body fails to produce new bone and/or absorbs too much existing bone. Women are four times more likely than men to develop osteoporosis. Caucasian women of northern European heritage are at the highest risk of developing the condition.

 

Skeletal irregularities produce strain on the vertebrae and supporting muscles, tendons, ligaments, and tissues supported by spinal column. These irregularities include scoliosis, a curving of the spine to the side; kyphosis, in which the normal curve of the upper back is severely rounded; lordosis, an abnormally accentuated arch in the lower back; back extension, a bending backward of the spine; and back flexion, in which the spine bends forward.

 

Fibromyalgia is a chronic disorder characterized by widespread musculoskeletal pain, fatigue, and multiple “tender points,” particularly in the neck, spine, shoulders, and hips. Additional symptoms may include sleep disturbances, morning stiffness, and anxiety.

 

Spondylitis refers to chronic back pain and stiffness caused by a severe infection to or inflammation of the spinal joints. Other painful inflammations in the lower back include osteomyelitis (infection in the bones of the spine) and sacroiliitis (inflammation in the sacroiliac joints).

 

If you are suffering from a back injury or any work related injury, order my book, “The Ultimate Guide to Workers’ Compensation in Virginia” by clicking this link, or call our office today (804) 755-7755.

 

~Author

Michele Lewane, Esq.

Types of Pain After a Work Injury

Injured workers dealing with pain need to education themselves on the different types of pain in order to have meaningful conversations with their doctors.; sometimes getting the information that you need is all a matter of asking the right questions.  I wanted to share these definitions with you so that you can have more information on the difference between normal pain and when there may be something more going on.

“What is pain? The International Association for the Study of Pain defines it as: An unpleasant sensory and emotional experience associated with actual or potential tissue damage or described in terms of such damage.”  (Taken from http://partnersagainstpain.com)

 

“Acute pain, for the most part, results from disease, inflammation, or injury to tissues. This type of pain generally comes on suddenly, for example, after trauma or surgery, and may be accompanied by anxiety or emotional distress. The cause of acute pain can usually be diagnosed and treated, and the pain is self-limiting, that is, it is confined to a given period of time and severity. In some rare instances, it can become chronic.”  (Taken from http://partnersagainstpain.com)

 

“Chronic pain is pain that has lasted for a long time. In medicine, the distinction between acute and chronic pain has traditionally been determined by an arbitrary interval of time since onset; the two most commonly used markers being 3 months and 6 months since onset,[1] though some theorists and researchers have placed the transition from acute to chronic pain at 12 months.[2] Others apply acute to pain that lasts less than 30 days, chronic to pain of more than six months duration, and subacute to pain that lasts from one to six months.[3] A popular alternative definition of chronic pain, involving no arbitrarily fixed durations is “pain that extends beyond the expected period of healing.”[1]

(Taken from www.wikipedica.com)

 

 

Again folks, this is in no way medical advice or a medical opinion.  If you are experiencing pain or chronic pain, you need to address this issue with your physician.

 

If you are dealing with ongoing pain as a result of a work injury, or for more information on Virginia Workers Compensation, order my book, “The Ultimate Guide to Workers’ Compensation in Virginia” by clicking this link, or call our office today (804) 755-7755.

~Author

Michele Lewane, Esq.

Workplace Safety and OSHA

I just read an article about some workers injured in Texas when there was an explosion at a fertilizer plant (www.CNN.com).  Sadly several workers lost their lives in the blast.  My heart goes out to the families affected by this tragedy; you will be in our prayers.

 

I have to point out that while workers’ compensation is intended to help injured workers get wages for time missed from work and get the treatment they need in order to heal, workers’ compensation as a system does nothing to prevent workers from being injured in the workplace.  In fact, I have seen in other states (Ohio, for example) where if an employer is not following safety regulations, the employer can be fined by their Commission and the injured worker is entitled to some additional recovery (VSSR).  Because Virginia is extremely pro employer, nothing like this exists in our workers’ compensation system.

 

OSHA (Occupational Safety & Health Administration) is the only body in Virginia governing the policies and rules surrounding safety in the workplace.

 

I did some research on OSHA’s website (www.osha.gov) and found that “The maximum penalty OSHA can assess, regardless of the circumstances, is $7,000 for each serious violation and $70,000 for a repeated or willful violation.”  I was so sad after reading this; yes employers should be held responsible, but a $70,000.00 fine for repeat offenders?  I find this to be grossly under-estimated for a company that has already demonstrated they have no regard for the safety rules or the workers affected by these injuries.  What upsets me more is that none of these monies ever reach the injured workers who have had their lives turned upside down as a result of an employer’s failure to follow safety rules.

 

I have always heard that “the best offense is a good defense” and this statement is as true here as it is on the football field.  If you work in a field where you are exposed to harmful chemicals or dangerous materials, wear proper protective gear, even if your employer doesn’t require it.  Read up on the OSHA rules and regulations and know what (if any) safety rules apply to you and your employer.  If there are safety violations putting you or other workers at risk, make an anonymous report to OSHA and inform them of the situation.  Know what your employers’ rules and requirements are if an injury does take place (Who the injury should be reported to.  Where you should go for medical care?  Who is the workers’ comp. insurance carrier?).

 

The sad truth is that even if you do everything right, not all injuries can be prevented but I think Employers could be held to a higher standard when it comes to protecting their employees.

 

For more information on Virginia Workers Compensation, order my book, “The Ultimate Guide to Workers’ Compensation in Virginia” by clicking this link, or call our office today (804) 755-7755.

~Author

Michele Lewane, Esq.

Hurry up& Wait!

Workers’ Compensation is a painfully slow process.  I’m not trying to scare anyone but as an injured worker, you need to know what to expect when dealing with this process.  Also, there are several processes within the process – a claim has to be formally approved or denied before a hearing can be scheduled, records have to be gathered and reviewed, interrogatories and depositions have to take place before the actual hearing takes place, a disability rating must be issued before an injured workers can receive Permanent Partial Disability benefits and so on.

 

This is EXTREMELY frustrating for people who are dealing with life changing injuries.  My office gets several phone calls from injured workers who are aggravated with this slow moving system and I can certainly understand why – it would be difficult for anyone to go (in some cases) months without a paycheck or having to pay for tremendously expensive medical care and then wait to be reimbursed after a hearing.

Some people are fortunate enough to be receiving their medical care through the insurance company without having to wait for a hearing; they just have to wait for the adjuster to approve the treatment requested by the doctor; which can also take several weeks.  And, to make matters more frustrating, most people tell me that they have a very hard time getting a hold of the adjuster at all.  I tell them this is common but I also encourage them not to give up on their benefits.

 

There is also the issue of medical records and documentation.  For Workers’ Compensation purposes, many steps in the legal process cannot take place until certain records have been reviewed and analyzed by the insurance company and/or the attorneys.  Insurance Companies need to review the records before they will approve any treatment and attorneys need to review them before filing requests with the Commission.  The process of requesting and receiving medical records alone can take several weeks.

 

           There are also some processes that do not have any time limits associated with them.  For example, once a settlement has been reached by the parties, some time limits go into effect, however there are no formal rules on the length of negotiations.  Simply put – some cases can settle in a few weeks, some can take a year, while others may never settle.

 

We call this the “Hurry up & Wait” because there are things that need to be done right away and some things that need to be done later on as part of a process.  A lot of the people who I talk to are feeling picked on or singled out by the system when, in some cases, things are moving a long as they should be.  It is ALWAYS a good idea to consult an attorney to see what you could expect with your particular situation.  To get some perspective on your circumstances and what time limits you may need to be aware of order my book, “The Ultimate Guide to Workers’ Compensation in Virginia” by clicking this link, or call our office today (804) 755-7755.

~Author

Michele Lewane, Esq.

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