Monthly Archives: August 2012

Suicide – Recognize the Signs Before It’s Too Late

Today’s post comes from guest author Leonard Jernigan from The Jernigan Law Firm.

Several years ago I had declined to represent an injured truck driver until his wife called me and said she found a suicide note and asked me to reconsider. I did and was able to help him. I believe there is a connection between suicide and workers’ compensation. Clearly the pain of an injury, coupled with the stress of not being able to return to work can cause tremendous psychological strain.

One Texas doctor actually testified at a legislative hearing that prolonged decisions on workers’ compensation coverage in the state had lead to an increase in work’ comp’ related suicides in recent years. “The incidence of those reports has been astonishingly high compared to five years ago,” he told the legislators, “when they were, to my knowledge, nonexistent.”

Below are some signs that you or somebody you know may be at risk. This list of warning signals comes from the website of the American Psychological Association. If you see any of these signs, seek help from a doctor or therapist, or call the National Suicide Prevention Lifeline at 1-800-273-TALK (8255). Continue reading →

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The 6 Things You Need To Do If You Are Exposed To Mercury

Elemental mercury is a silver, odorless liquid.

Irving J. Selikoff Center for Occupational & Environmental Medicine at Mount Sinai School of Medicine has released a guide to treatment for elemental mercury ((the pure form of the metal, when it is not combined with other chemicals) exposure. There are other forms of mercury, such as compounds found in contaminated fish, known as organic mercury and those are not covered by the guide.

Workers who experience a one-time sudden exposure to any chemical substance at work, should:

  1. Gather as much information as you can about the type and amount of exposure, including labels, Material Safety Data Sheets (MSDS), and the medical emergency phone number on the MSDS. 
  2. If you are feeling ill, seek medical attention at an emergency department (ED) immediately. It is best if a medical toxicologist is consulted as part of your visit to the ED. They can be reached for advice about treatment by having the healthcare professional contact the Poison Control Center at 1-800-222-1222. 
  3. You can call the PCC independently for recommendations as well.
  4. Once the urgent situation has been taken care of, you may contact the nearest occupational health clinic in New York State or in the country for recommendations and follow-up.
  5. This fact sheet is not a substitute for medical care. The purpose is to direct the exposed worker to the proper medical provider. 
  6. Report any exposure to your employer immediately. Complete an incident or exposure form. If none is available, write a memo informing them of the exposure incident (date, time, location, what you were doing in the area, and for how long). Keep copies and insist that documents are placed in your personnel files.

You can download a copy of the fact sheet by clicking here. It contains more information about the following topics: Continue reading →

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Zoloft, Prozac, Paxil, Lexapro, Celexa and Sarafem Can Cause Birth Defects

If you have taken Zoloft, Prozac, Paxil, Lexapro, Celexa or Sarafem while pregnant, contact your attorney

Antidepressants are one of the most prescribed drugs in the United States, with selective serotonin reuptake inhibitors (SSRIs) being the most common antidepressants prescribed. SSRI drugs include Zoloft® (sertraline), Paxil® (paroxetine), Lexapro® (escitalopram), Celexa® (citalopram), Prozac® and Sarafem® (fluoxetine).

Studies have shown that women who take SSRI antidepressants while pregnant, or who become pregnant while taking the drug, are at risk of having babies with SSRI related birth defects. Pharmaceutical companies may not have adequately warned of SSRI birth defect risks. Depending upon the trimester of SSRI exposure in the womb, babies can suffer:

  • Congenital heart defects such as ventricular and atrial septal defects (VSDs and ASDs)
  • Persistent Pulmonary Hypertension (PPHN) in which the arteries of the lungs remain narrowed or constricted, inhibiting blood flow to the lungs and reducing the amount of oxygen in the bloodstream that can result in brain damage or death
  • A condition called Omphalocele in which the baby is born with intestines or other organs outside the body
  • Spina Bifida and other neural tube defects affecting the spinal cord
  • Craniosynostos, a malformation of the head caused by premature fusing of cranial sutures of the skull
  • Facial deformations such as Cleft Lip and Cleft Palate
  • Club foot, a deformation of the lower leg and foot
  • Blockage of the anus called Anal Atresia
  • Genital deformities
  • Birth complications
  • Infant death

Parents of children exposed to SSRI medications in the womb that have developed these conditions or complications should contact our attorneys for a free SSRI birth defects lawsuit consultation. They may be entitled to compensation for their child’s injury and suffering.

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Should Genetic Medical Information Be Given to Workers’ Compensation Insurance Companies?

Federal law provides that employers with 15 or more employees cannot discriminate against employees because of genetic information.

Today’s post comes from guest author Leonard Jernigan from The Jernigan Law Firm.

Under a 2009 Federal law called GINA (the Genetic Information Nondiscrimination Act), employers with 15 or more employees cannot discriminate against employees because of genetic information. That information may include a past or present medical history (for example: breast cancer, diabetes, depression, or colon cancer) of family members.  GINA prohibits disclosure of this sensitive information by employers and prohibits the employer from even making a request for such information. If they have this information, it must be kept in a file that is separate from the regular personnel file.

The EEOC (Equal Employment Opportunity Commission) has made regulations, effective January 10, 2011, to enforce this federal statute and allows an action for damages, including punitive damages, reinstatment and back pay, and reasonable attorney’s fees.

In the workers’ compensation setting, this information is sometimes gathered by medical experts conducting independent medical exams, by nurse case managers who may seek to find out any and all medical information about the injured worker’s family as well as the injured worker, or by family physicians who have made non-work-related entries in the medical records.  However, GINA has allowed an exception to the overall thrust of the legislation by stating that if the information is relevant to the workers’ compensation claim, it can be disclosed. The legislation gives no definition of the term “relevant” and makes the interaction between the health care provider, the carrier, the employer and the employee complicated, to say the least. Lawyers who represent employees and employers should be aware of GINA and protect sensitive genetic information from disclosure, and claimants should make sure their physician is aware of it as well.

 

 

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7 Tips for Healing

Today’s post comes to us from our colleague Leonard Jernigan of The Jernigan Law Firm.

Many people are confronted with death or disability whether as a result of an accident or otherwise. We do our best to help those who were wronged by another or hurt on the job to receive compensation for their injuries. But compensation cannot cure the underlying problem, only help to make life more bearable. True healing is as much a mental as a physical process.

The following tips for healing have been adapted from the writings of Dr. Bernie Siegal, the author of many books including Love, Medicine, and Miracles; Peace, Love, and Healing; and 365 Prescriptions for the Soul. We hope you find these tips helpful in your healing process.

  1. Accept your illness: you know the illness is there, but you also know the future will be something you can handle so it’s no longer a burden.
  2. See the illness as a source of growth: our primitive nervous system tells us that if we have a loss you grow something to replace what was lost.
  3. View your illness as a positive redirection in your life: your whole life changes when you say that something is just a redirection. You are then at peace.
  4. Understand death or recurrence is not a failure if steps 1,2 or 3 are accomplished, but a further choice or step: when you accept the inevitability of death (which comes to all of us ) you begin to realize that the time you really have is right now.
  5. Learn self-love and peace of mind and the body responds: when you believe you are a worthwhile person, and you tell yourself that you are here to give something to the world, your immune system responds positively. Continue reading →

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The Origins of Workers’ Compensation in the United States

Today’s post comes from guest author Jay Causey from Causey Law Firm. We also attended the 40th anniversary symposium. New York’s workers’ compensation system has helped generations of workers cope with their on-the-job injuries.

Today’s post is a film on the history of workers’ compensation, presented by the Workers’ Injury Law & Advocacy Group at the National Symposium on the 40th Anniversary of the National Commission on Workers Compensation, which in 1972 found the state workers’ compensation systems to be inadequate and unfair.

This film is a great reminder that the workers’ compensation systems we work under today were created to correct issues with unsafe workplaces and the effects of injuries on the job during a time when workplace safety was not yet a reality.  We need to remember our history, lest the lessons hard-won be forgotten.

[youtube http://www.youtube.com/watch?v=kVx948coJck?rel=0]

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Why Wait? A Case Study…

Today’s post comes from guest author Kit Case from Causey Law Firm.

I reviewed a workers’ compensation claim for a potential client nine months ago.  At the time, I told him of several items that I saw as upcoming issues in his case and shared my opinion about why it would be important for us to start clearing those issues off the deck sooner rather than later.  Would he be found employable with no services or would he receive just a bit of training to allow him to continue working in his field as a welder but in a lighter-duty capacity?  Would the onset of depression be addressed under the claim and taken into consideration when making employability decisions?  Would his level of permanent impairment be under-rated through the typical Independent Medical Evaluation (IME) process or would his surgeon be willing to provide a rating that more accurately reflects his limitations?  I shared my concerns about his case, explained the process I would recommend for addressing these concerns and discussed the fees and costs to be expected.  He indicated he wanted to go forward with representation.

I did not hear from him again, until yesterday.  He left me a message asking for help with his claim.  I looked at the case this morning before returning his call.  He has been found to be employable with no additional retraining, so he will likely not be able to continue with his favored career but, instead, can look forward to his new line of work as a small parts assembler.  He underwent an IME that conservatively rated his level of permanent impairment and approved the job analysis for small parts assembly.  His attending physician signed the form letter to indicate concurrence with the IME results and, on this basis, the Claims Manager has found him employable and is closing the claim.  What about the depression?  Not addressed by the IME, so the Claims Manager is construing the attending physician’s signature on the concurrence form letter to mean that he is also not contending that depression is an issue, so she is denying this condition under the claim.

I know there are two sides to every argument, and I know that an employer representative would look at this same fact pattern and see a job well done, but I am a claimant’s advocate, so I share my thoughts from only that perspective.  I see a situation where I now have a 15-day deadline for filing a dispute with the Vocational Dispute Resolution Office if I want to argue that Continue reading →

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How To Deal With A Difficult Doctor (Part 2)

Today’s post comes from guest author Leonard Jernigan from The Jernigan Law Firm.

Previously, I shared a post with some tips for workers’ compensation attorneys on how to deal with difficult doctors. In this follow-up post, I’ll share a few more ideas on how to get down to the truth of the matter when the doctor on your case is tough to work with.

(8)     Explain case procedure and why you are there.

Unfortunately, I had the experience of walking into a deposition once and the first question from the physician was “What’s going on here and what’s this got to do with me?”  Just prior to a deposition is not the time to be answering this question.  Some physicians have never had their depositions taken before and they are unnerved at the prospect.  Explain the process and explain the necessity for medical testimony.

(9)     Ease tensions.

Behind every physician-patient relationship there is the potential for a medical negligence claim. Ease that fear by letting the doctor know that the client is pleased with the care of the doctor (if indeed that is true).  She may have reviewed the chart and seen something that concerns her, so reassurance of this nature is vital.  If you are aware of a potential medical negligence claim, choose your words carefully. I can assure you she will.  You should not misrepresent anything concerning this issue.

(10)   Know the medicine. 

Some of us think doctors keep up with all the latest articles and studies concerning relevant medical areas.  The truth of the matter is that HMO’s, PPO’s and other managed care organizations barely pay them for seeing patients and the last time I checked “reading medical journals” was not under the pay provision of the contract.  Therefore, understand and Continue reading →

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