Friday, November 11, 2011

Shamelessly Playing on Fears

Below is a comment that looks like it was was posted by a "bot" on this blog, and is demonstrative of some of what's wrong with workers' compensation:

jaiveer56 via to me
show details 11:47 PM (9 hours ago)
jaiveer56 has left a new comment on your post "Tying Work Comp to Other Systems Can Cause Chaos":

Have you been injured at work? Do you feel like you have no one to turn to or are fearful for the time and money you are losing? Let the attorneys at Workers' Compensation, LLC save the day by protecting your rights! We specialize on representing those who have been injured on the job and deserve prompt medical treatment and compensation for their lost wages.

Posted by jaiveer56 to DePaolo's Work Comp World at November 10, 2011 11:47 PM

If you are a regular reader of my posts you know I have no problem with attorneys in the system. In fact my position is that attorneys frequently are required either because navigating workers' compensation is way beyond the skill level of the average injured worker, or because attorneys can be quite useful in resolving disputes.

What I do have a problem with, however, is the type of activity displayed by this lawyer's shameless self-promotion by playing on the fears and misunderstandings of injured workers.

It is unfortunate that a disproportionate number of injured workers are going to be fearful and feel like they have no one to turn to - good claims management can avoid those type of situations but that doesn't happen often enough and there are other factors that intervene to complicate the feelings of the injured worker - job dissatisfaction, family issues, finances, etc.

Do I really think that the attorneys with this group are actually going to TALK to the injured worker about how they're feeling, or get them the psycho-social assistance that really would make a big difference in the injured worker's situation? If they in fact do, then bully for them and I congratulate them on doing the "right thing", but my cynical side says "I doubt it."

Protecting rights ... that's very American, and very lawyer like. But the problem with that statement is the implication of entitlement, and harks towards the television commercials on late night television that ply on the injured telling them "you deserve to be compensated for your injuries" - the sense that there is justice to be had, and since this is America justice means money.

Yep, money - "money you are losing." That's what it's all about - attracting the injured worker with no understanding of the limits of workers' compensation payment, that there are caps on maximum weekly amounts, that there are limits to a permanent disability award, and that the lawyer will take between 10 and 30 percent of whatever might be received by the injured worker, perhaps actually reducing the amount of money netted.

I don't have a problem with advertising for services. How one does that speaks volumes about the ethics and morals of the advertiser though.workers compensation, work comp, injured worker

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