Missing in Action - Justice For Worker's Comp Victim

Rightfully so, there is a system in place, which varies somewhat state to state as far as regulation and administration, but is designed to provide needed medical care and remuneration to those workers who become injured while on the job. Employers are required to carry insurance to meet these needs, and most do so. (although I have handled cases in which the employer had not complied with the law and had no worker's compensation insurance-but that is another story for another day)One might believe this system could be managed appropriately, and be set up to expedite services to the injured worker-and, indeed, this ought to be the case. After all, the injured individual (in a preponderance of cases) was fulfilling his or her obligation or contract to work, and through accidental circumstances sustained an injury, leading in many cases to permanent conditions which represent a loss of the ability to, say, lift any more than 10 pounds, or compromise the use of one's arms or legs. Perhaps loss of an eye, or cut off a hand.In other words, a negative situation. Just imagine waking up one morning, feeling fine, going to work, and within the hour, suffer a tremendous fall, breaking your back. Your life has changed forever, and you might feel that you are owed, at least, immediate and professional medical care coupled with a system enjoined to 'make things right' with you, since you are the one who suffered the loss.In addition to the pain, fear, and horror of your situation, you must now rely entirely on this 'system' to ensure you receive medical care, your monetary benefits, and some form of vocational rehabilitation, should your injuries preclude your working in the same or similar job. Those who have been through this experience will doubtless relate the fear and frustration, even when the 'system' is working as it is supposed to. That is, with an eye toward taking care of the injured individual, providing positive steps forward to allow for return to gainful employment, or in worse case scenario, become classified as permanently disabled, requiring application to the Social Security Administration to obtain disability benefits.Bearing in mind that the quicker this process plays out in each case, the more effective it is in totality-where the individual is able to get to the best level of recovery (and future employment) as possible, and where the system incurs the least cost. However, the majority of these cases simply do not work this way.One might think that the insurance industry believed that needless delays, complicated rules and regulations, mis-communications, and outright misanthropy should drive the engine of the worker's comp system, and many companies bear the guilt of this philosophy and its actions.Additionally, many attorneys working in the field of Worker's Comp are less than scrupulous, and indeed, eventually mis-represent their client, oftentimes not representing them at all.These are not specious charges- rather they are based on personal observations and encounters with well over 500 vocational rehab cases, where many individuals had been subjected to a variety of the above referenced insurance company actions, and had suffered permanent emotional damage as a result, in addition to having to deal with whatever malady was responsible for the disabling condition.To put it bluntly, the worker's comp insurance carriers have designed and implemented a system of care which, in many cases, requires the services of an attorney to force compliance, and even then, continue to cause lengthy delays, utilizing mystifying rules which prevent a situation of best practices.To what end, one might ask? Why do they act the way they do? Simple financial analysis show that it is more costly for the insurance companies when they behave in such a problematic manner. One can only surmise that an underlying tenet of these companies promulgates the notion that if they can devise some way to not have to pay for medical care, or pay monetary benefits, then they will be more profitable. This is the height of absurdity, and represents the depth of lack of genuine concern for humanity.Our free online magazine, The Disability Digest, is no stranger to encountering situations like this. Much like Social Security Disability, the worker's comp system continues to behave in ways which not only further harm the individual, but simultaneously create conditions which account for the necessity for paying additional expenses. This is a lose-lose for everyone.A recent member of our organization, Ron Markowicz, has been embroiled with a worker's compensation case for approximately two years, and is far worse off now medically (and emotionally) than he was at the onset of his injury. There were surgical mistakes, communication errors, bad professional practices, and outright lying, all creating a horrific situation for Mr. Markowicz. At 38 years old, he has diligently and responsibly worked in his profession for 20 years. Today, he cannot even pick up his 2 year old daughter to give her a hug.Despite numerous and widespread attempts to engender assistance from any regulatory agency, Ron's plight remains grave.Many readers will recall their own horror story because of a serious injury while on the job.This is as bad as it gets.