Workers Comp attorney Notes New Medical Study Calls For Need To Watch Out For “Secondary” Injuries
As an experienced attorney has noted, “Slip and falls remain the most commonly ignored treatment problem in at-work accidents.” Many workers simply count on time to heal them. So a recent report suggesting a need for more thorough treatments of aches and hurts (in addition to the back, for example) after a slip and fall, has come as “no surprise” to an experienced Texas workers Comp attorney. In the following case, the insurer tried to overcome evidence of injuries to a worker’s mouth and teeth, suffered from a severe fall.
The Work Comp attorney showed a workplace fall had happened to hurt an employee’s neck and back, and it included serious injuries to the injured worker’s mouth and teeth. The employer’s insurance company disagreed, and expressed “the strongest” displeasure with the hearing officer’s “entire” decision. The hearing officer agreed the Texas workers Comp attorney had successfully shown how harm to the employee’s mouth and teeth was initially overlooked in a doctor’s attention only to the worker’s severe back sprain.
The insurance company appealed the attorney’s winning arguments, and argued the hearing officer was wrong to include any injury to the worker’s teeth and mouth. The attorney answered the insurer, correctly insisting that deciding the ‘extent’ of the injury had been a question of fact for the hearing officer to settle. The attorney also argued that the strongest evidence had come from the worker. A report submitted by the Texas workers Comp attorney from the dentist supported the worker’s testimony that a fractured tooth had resulted from the injury.
The attorney had explained what’s called the “mechanism” of an injury. In showing damage to the mouth, the presence of blood in the injured worker’s mouth immediately after the fall was “significant,” emphasized attorney. The Texas workers Comp attorney showed an onset of problems with the tooth, within a month after the fall. These factors led the hearing officer to agree with the attorney that the fracture of the tooth was a result of the same accident that caused the neck and head injury.
Medical, or expert, evidence isn’t always required to prove an injury. “Expert” evidence should only be absolutely required in cases where common sense experience isn’t enough to understand the evidence.
Texas workers Comp attorney Emphasized Medical Evidence Of “Traumatic” Symptoms
Ordinary trauma can often best be shown by testimony of the injured worker. It’s the injured worker who actually experienced, and is fully aware of the trauma, emphasized the Texas workers Comp attorney. The attorney had shown the evidence was more than enough to prove a “causal” connection—connecting the dots—between the injury and the injured worker’s problems with teeth and mouth. The Appeals Panel agreed with the attorney, and the insurer was ordered to pay the worker’s benefits immediately.
These companies may want to save money, and fight even strong evidence from the injured worker. It’s vitally important, right after an accident, for a injured worker to consult with an attorney that specializes in workers comp. The actual pain and suffering is often strong evidence of a ‘missed’ injury, such as to teeth or the mouth. These “hidden injuries” may be obvious only to a worker, who quickly consults with an experienced Texas workers Comp attorney.