Proving that you are in pain

Your pain is real, but it?s hard to prove. People react differently to pain. Our thresholds are different and pain can affect us in varying ways. It?s not easy to measure in any objective way. We?ve seen two people with similar injuries have very different pain reactions. One worker with a shoulder injury might recover in a few months and get back to work, while another might never recover.

One key to proving pain is having medical testimony that backs up your claims. Your treating physician?s opinion on your pain can make all the difference. Being honest and communicating well with your doctor is important. One of the worst things you can do is try to suffer through the pain and not follow up with your doctor.

A related issue is talking to your doctor, in detail, about how you were injured. If you don?t explain what you do at work (heavy lifting, for example), they aren?t going to be able to connect the dots and realize that you have a work injury. Again, their opinion on how you were injured is essential to the success of your case. The insurance company would love to argue that your injury was caused by skiing on the weekends and not your job duties.

Another key is respecting your pain. Follow your doctor?s orders and obey any restrictions. Don?t push yourself at work or at home on the weekends. Some insurance companies hire private investigators to follow injured workers and catch them doing something they claimed they couldn?t do. Even honest people get caught in this trap because they push themselves to do things despite the pain. Your daily activities need to be consistent with what you?re claiming. Be honest about your pain, and make sure to act accordingly, even when you?re off duty.

Because pain is subjective, you have to work hard and be careful when proving it. If you fail to get a solid medical opinion or get caught doing something that would indicate you?re not actually in pain, you could lose your case. Your credibility is extremely important in a work injury case, especially if your case ends up before an arbitrator.

We are workers' compensation attorneys who help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.?Contact us?and we will answer your questions or find the right lawyer for your situation.

11/26/12

Source: http://www.illinoisworkerscomplaw.com/2012/11/articles/repetitive-trauma/proving-that-you-are-in-pain/

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