In almost every personal injury claim I’ve handled, the defense argues one or more of the following: (1) the plaintiff is lazy, (2) the plaintiff is a malingerer, and/or (3) the plaintiff is exaggerating his injuries.

Now, I’m not so naive to believe that plaintiff’s are never guilty of any of these things.  However, when I see any of that in my client’s I cut them loose.  I don’t want to use my time and skills to help those types of people.  Further, I don’t believe that all injured people do that.

Most of my clients try their best to go back to work on their own.  Usually, they don’t ask me, they just go back to work as soon as they can.  When they do ask me, I tell them they should get back to work as soon as their doctor tells them it is safe.

The danger of going back to work is that the defense will inevitably argue that the plaintiff wasn’t really hurt.  If they were really hurt, they would not have returned to work.

For a plaintiff it is a no win situation.  No matter what they do, the defense has an argument. If they return to work they’re not hurt.  If they don’t return to work they’re a malingerer.

Juries are smart and they can see through that.

I’ve just lost confidence in administrative law judges.

In a decision out of the Court of Appeals a few days ago, a panel of administrative law judges denied permanent disability to a man because he returned to work.

George Olsen was injured on the job.  Because of that, his case didn’t go to a jury.  Instead it went to a panel of administrative law judges.  His injury was quite severe.  His right arm was amputated just below the elbow.  To make matters worse, George was right handed.

Within seven days, George returned to work.  Not only that, he kept working.

The judges found that because he returned to work, the amputation of his right arm was not a permanent total disability.

I don’t do worker’s compensation so maybe it’s just my naivety.  But I don’t think people should be rewarded for staying home when they can work.  Likewise, they shouldn’t be punished for working when others cannot.