RSDS is generally misunderstood in the medical community and is even more misunderstood in the legal arena. The potential problems start early in the case when the client is being treated medically. RSD is often misunderstood by medical doctors and misdiagnosed as a psychiatric or mental disorder. When it is properly diagnosed, too often, some of the medical doctors in the treatment chain fail to give the diagnosis appropriate deference or give consistent treatment. Other times, the diagnosis intimidates doctors who don’t want to treat patients with the diagnosis at all. Therefore, in prosecuting a legal case involving a client with RSDS, it is critical that the lawyer have the victim properly evaluated and diagnosed by RSDS specialists and experts. Considering very few lawyers have handled these cases or had experience in dealing with the medical issues involved, <>it is critical to find an attorney who satisfies the following criteria:

-Extensive experience handling personal injury cases;
-Has a proven track record of trial experience and trial victories (not just settlements but trial experience and victories)
-Is available to you for consultation and compassion;
-Has experience in handling CRPS/RSDS cases specifically
-Will work on a contingency fee basis

Extensive experience handling personal injury cases

You want a lawyer with extensive experience handling personal injury cases because he/she is better equipped to handle the complexity of the medical records, treatment regime, and appropriate use of experts to maximize the recovery in your case. Personal injury attorneys are experienced in proving and recovering the damages that are legally recognized in your jurisdiction which would typically include the following: past and future lost wages, lost earning capacity, past and future medical bills, life care planning expense, damages for emotional and psychological harm as well as pain and suffering. Attorneys who specialize in this area are also better equipped with specialized staff and resources to handle these types of cases.

Has a proven track record of trial experience and trial victories (not just settlements but trial experience and victories)

It is important that the attorney you choose has experience in trying cases to a successful conclusion. Considering legal cases are often negotiated, the best leverage with the defendant and its lawyers to get the maximum recovery allowed under the law is by using an attorney that has a successful trial record.

Ultimately, only one of three outcomes occurs with every lawsuit filed. First, the case can be dismissed by the Court, if the Court deems the liability claims to have no legal merit. Second, the case can be settled or resolved with the defendant. Third, the case can be won or lost at trial. Based on a number of different factors, the majority of cases settle. Despite this is true, the amount of money that is paid to settle a given case can vary widely based upon the type of case, severity of the injuries involved, the jurisdiction of the case, the degree to which the case has been worked up by the injured person’s lawyer, and the lawyer’s reputation for trying cases. The more fearful the defendant is of going to trial and getting hit with a large verdict, the more that defendant will pay to settle the claim. It is just that simple. Likewise, if the lawyer for the RSDS afflicted person does not typically try cases and does not have an impressive trial history, the defendant is not likely to feel very threatened and will pay much less. Consequently, when choosing a lawyer to handle your case, research them and their experience in trying jury trials.

Is available to you for consultation and compassion

When hiring a lawyer, it is important that you find one that will be available to you when you need them. If you hire a lawyer who does not have the adequate time to take you on as a client, your legal needs will suffer. Make sure you discuss how much time you require and have a lawyer who is able to make that time commitment. It is also important that you find a lawyer who has competent staff that will also aid you in your battle with RSDS and the legal process. When talking to lawyers about the possibility of representation, inquire about their availability and the responsiveness of them and their staff. Any lawyer that is not willing or able to make himself/herself available to you should not be considered. It is very important that you have access to counsel whenever needed as support and consultation during the legal process is critical. There is a difference between an attorney who is sympathetic to your situation and an attorney who can win your case. Do not mistake support for expertise. The right attorney should have both.

Has experience in handling RSDS cases specifically

The evaluation of a RSDS case involves a meticulous review of medical records and consultation with qualified specialists. The lawyer handling your case must understand the origin and progression of the disease. Too often, lawyers who do not fully understand the extent and permanency of the disorder undervalue RSDS cases. Because the disease is often permanent, the resulting care and treatment is expensive and lifetime medical bills alone can be staggering. The majority of RSDS afflicted persons end up on total disability and suffer enormous losses in their financial and personal lives. It is critical that the lawyer fully understand the disease so that the client’s financial recovery can be maximized.

When an experienced law firm gets involved, they will try to help the RSDS afflicted client in every way possible. This often includes helping the client in their dealings with their own insurance company and medical providers. An experienced attorney is more apt to provide the one on one attention each client needs and deserves. An experienced RSD attorney is better suited for counseling clients who are going through the stress and strain of battling RSDS. Such an attorney will also stay abreast of the patient’s changing physical condition.

Make sure your attorney will work on a contingency fee basis

Considering the financial stress and strain that is typically suffered by a RSDS afflicted person, legal fees and costs associated with hiring an attorney are often not feasible. Therefore, when seeking an attorney, find one that offers representation on a contingency fee basis. Pursuant to a contingency fee arrangement, the attorney fronts all of the attorney time and expenses associated with prosecuting your case in exchange for a percentage interest in any recovery that is made. Only upon making a recovery for the client, then and only then will the lawyers recover their expenses and attorneys fees related to the representation. In other words, all of the expenses associated with prosecuting a case of this type are paid by the attorney contingent upon his making a recovery in the case. If no recovery is made, then it costs you nothing.

How do I find such a lawyer?

In order to find a lawyer who satisfies the criteria above, you need to research and investigate your options. Obviously, you should not just hire the first attorney you find. When house hunting, you do not typically buy the first house you see. The same holds true for hiring a lawyer. You should get the names of several, and then make a sound choice. In order to find the name of a qualified attorney, you are probably best served to go to the internet or speak with an experienced civil litigator in your area. Both of these options should allow you to specifically search for an attorney that satisfies the criteria laid out above. If you have no luck, then you can go to the local law library and find information about the lawyer or call the local or state bar association. Do not simply hire an attorney without checking his or her background. Talking to someone who has worked with the attorney is always advantageous. Ask questions about his or her background, manner, competence, and so on. It is also important to meet in person if at all possible. Although in today’s day and age, business is often conducted solely through emails and phone calls, that should not be the case when hiring an attorney. You need to meet in person. 


Keith (Kit) Belt, Jr 
BELT LAW FIRM, P.C. 
Lakeshore Park Plaza, Suite 208
2204 Lakeshore Drive 
Birmingham, Alabama 35209

Telephone: (205) 933-1500 
Toll Free: (888) 933-1514 
E-Mail Keith "Kit" Belt - KIT BELT

Web page: BELT LAW FIRM  

Keith T. Belt, Jr. is an attorney with Belt Law Firm, P.C. (www.beltlawfirm.com) in Birmingham, Alabama, who is licensed in Alabama, Georgia, Tennessee, Florida, New Mexico, and Colorado. He has extensive experience in representing RSD afflicted persons and in handling RSD cases. He provides an RSD informational website www.rsdinfocenter.com that is intended to help RSD afflicted persons.

AM I ELIGIBLE FOR WORKMAN'S COMP? By Keith T. Belt, Jr

If you are injured on the job or become ill as a result of your work, you may be entitled to workers' compensation benefits. Workers' compensation is an insurance program (required by state law) which provides payment to employees who suffer work-related injuries or illness. Eligible employees receive compensation for lost work and medical bills, regardless of who was at fault; in exchange, employees forfeit the right to sue their employers for the illness or injury with a few exceptions.

Typically, there are three basic eligibility requirements for workers' compensation benefits:

The person or company you were working for must carry workers' compensation insurance or be legally required to do so.
You must be an employee of that person or company.
Your injury or illness must be work-related.

In addition, there are some special rules for domestic workers, agricultural and farm workers, leased or loaned workers, casual or seasonal workers, and undocumented workers 

Requirement One: Employer Must Be Covered By Workers' Compensation

Not all employers are required to have workers' compensation coverage. State laws vary, but an employer's responsibility to provide coverage usually depends on how many employees it has, what type of business it is, and what type of work the employees are doing. For example, a few states require only employers with at least three employees to be covered, but most states don't set a minimum. (In these states, an employer that has just one employee must provide coverage.) In addition, some states allow charities to opt out of the workers' compensation system; other states do not. Generally speaking, the vast majority of employers are required to carry coverage; if your employer claims not to be covered by your state workers' compensation statute, you may want to double-check with an attorney.

The federal government has its own workers' compensation system. If you are a federal employee, you must look to that system rather than your state system for benefits. You can find out more about federal workers' compensation at the website of the Department of Labor's Office of Workers' Compensation Programs, www.dol.gov/owcp

Requirement Two: You Must Be An Employee

Not all workers are employees when it comes to workers' compensation eligibility. For instance, independent contractors are not employees and are not entitled to workers' compensation benefits. Examples of independent contractors might include freelance writers or computer consultants. Many employers misclassify workers as independent contractors when they are really employees, however. If you have been denied benefits because the employer claims you are an independent contractor, you should consider consulting with an attorney. 

Requirement Three: Injury or Illness Must Be Work-Related

If your injury or illness is work-related, then it is most likely covered by workers' compensation. Generally speaking, if you were doing something for the benefit of your employer and were injured or became ill as a result, then it's work-related. For example, if you hurt your back while loading boxes as part of your warehouse job, something at work falls on you, or you become ill due to exposure to hazardous chemicals at the work site, your injuries are clearly work-related.  

Sometimes, however, this issue is harder to figure out.   This is especially true when the event causing injury was not clearly work related such as being injured on your lunch break, but while picking up a sandwich for your boss. Or maybe you were injured while commuting to work in the company car, walking to an off-site social event with coworkers, or playing softball at the company picnic. In situations like these -- where the injury didn't happen at work but has some connection to the job -- it isn't always easy to determine whether you are covered.   Likewise, if the injury is not well defined (clear inciting event), your employer may claim that the injury is not even work-related.  Repetitive stress injuries (see section below)  like carpal tunnel syndrome or certain back injuries may fall into this category.    

Special Rules for Certain Workers

Even if you meet all three of the general eligibility requirements described above, you may not qualify for workers' compensation benefits if you fall into one of the special groups of workers who are exempt from coverage under the workers' compensation laws of some states. The most common exempt categories are covered below. If your employer claims that you fall into one of them and are therefore not entitled to benefits, you may want to speak to an attorney to make sure.

Domestic workers. A domestic worker is someone who works in a home -- such as a housekeeper or a babysitter. Some states don't require employers to cover these types of workers.

Agricultural and farm workers. The majority of states exempt agricultural and farm workers from workers' compensation coverage. Not every person who works on a farm falls into this category, however. For example, a horse trainer is not considered a farm worker when it comes to eligibility for workers' compensation benefits.

Leased or loaned workers. If you were loaned to an employer through an agency (for example, a temp agency), states differ on which company -- the one you did the work for or the agency -- has to provide workers' compensation coverage for you.

Casual or seasonal workers. You are a casual or seasonal worker if you work only at certain times of the year or work only intermittently or sporadically. Some states do not require that casual or seasonal workers be covered by workers' compensation.

Undocumented workers. Some states -- including Arizona, California, Florida, Montana, Nevada, New York, Texas, and Utah -- expressly cover undocumented workers in their workers' compensation statutes. Other states, such as Idaho and Wyoming, expressly exclude undocumented workers. 

Can I be treated by my own doctor and, if not, can I trust a doctor provided by my employer?

In some states, you have a right to see your own doctor if you make this request in writing before the injury occurs. More typically, however, injured workers are referred to a doctor recruited and paid for by their employers.

Your doctor's report will have a big impact upon the benefits you receive. Keep in mind that a doctor paid for by your employer's insurance company is not your friend. The desire to get future business from your employer or the insurance company may motivate a doctor to minimize the seriousness of your injury or to identify it as a preexisting condition. For example, if you injure your back and the doctor asks you if you have ever had back problems before, it would be unwise to treat the doctor to a 20-year history.

Do I have any other remedy against my employer, other than Workers’ compensation, for my work-related injury?

Yes. If you are injured because of some reckless or intentional action on the part of your employer, you can bypass the workers' compensation system and sue your employer in court for a full range of damages, including punitive damages, pain and suffering, and mental anguish.

Workplace Injury: When You Can Sue Outside of Workers' Compensation

If you've been injured in the workplace, you've probably been told that the only compensation you can receive will come from your employer's workers' compensation insurance. Although this is the general rule, there are many exceptions -- situations in which you may be able to sue for damages caused by your injuries. For example:

If you were injured by a defective product, you might be able to bring a products liability action against the manufacturer of the product.

If you were injured by a toxic substance, you might be able to bring a toxic tort lawsuit against the manufacturer of that substance.

If you were injured because of your employer's intentional or egregious conduct, you might be able to bring a personal injury lawsuit against your employer.

If your employer does not carry workers' compensation insurance, you might be able to sue your employer in civil court or collect money from a state fund.

If a third party caused your injury, you might be able to bring a personal injury lawsuit against that person.

Although workers' compensation can provide money and benefits to an injured worker, temporary disability and permanent disability payments are usually quite low and don't compensate the worker for things like pain and suffering. Workers' compensation also does not provide punitive damages to punish an employer for poor safety controls or dangerous conditions. That's why it's important for injured workers to understand their rights to bring a case outside of the workers' compensation system.

The failure of conventional medical care to adequately address the problems of chronic neck pain, chronic low back pain, Fibromyalgia, Complex Regional Pain Syndrome (RSD/CRPS) and other intractable pain problems is well recognized and frustrating to all concerned. 

The problem of chronic pain treatment is not unique to Workers' Compensation patients, where you have the Patient’s needs at odds with the Insurer and Provider.

The Patient is striving to decrease pain and improve quality of life, which usually requires maximizing treatment. 

The Insurer wants to minimize expenditures requiring a limitation of access to services.

The Provider of medical treatment strives to minimize the patient’s symptoms while working within the Insurer’s compensation boundaries. 

In many cases the only recourse available to the patient to address his/her medical and long term needs rests with seeking outside legal consult to purse bring a lawsuit thereby achieving these goals. The patient should always retain a plaintiff attorney who has extensive expertise in litigation and has adequately resolved these types of issues in the past.  

Are repetitive stress injuries covered by workers’ compensation?

They should be if you can prove that the disorder was caused by your employment.  This is becoming easier to do in that the number of workers suffering from a repetitive stress injury or disorder is on the rise -- mostly because of the increased use of computers in the workplace. These types of injuries account for about 60% of all job-related injuries, and one in eight American workers have been diagnosed with a repetitive stress injury at one time or another. 

What Kinds of Work Can Lead to a repetitive stress injury?

Computer keyboard use by office workers. The most common job-related repetitive stress injuries involve the upper extremities (wrists, elbows, and hands) due to repetitive keyboard activities. This is no surprise, considering office employees often spend hours at a time inputting or manipulating computer data, and if this is done without regard to proper ergonomics -- or for too many hours without sufficient breaks -- a nerve entrapment syndrome such as carpal tunnel syndrome may develop.

Bar code scanning by grocery checkers. Another occupation that has a higher-than-normal incidence of repetitive stress injuriesis that of the grocery checker. With the advent of scanners that read bar codes on grocery products, grocery checkers are required to pull or slide products across a scanner -- hundreds or even thousands of times a shift. This repetitive activity often leads to the development of cumulative trauma injury to the upper extremities. The repetitive turning of the neck from side to side may also cause such an injury to the neck or shoulders. In addition, constant lifting activities may cause injury to the back.

Fixed-position activities. Occupations that require workers to stay in a fixed position for a long stretch of time (called “static posturing”) can also lead to repetitive stress injuries. Some examples of static posturing include prolonged sitting or standing, prolonged gripping or grasping, and holding a particular position for long periods. 

Other work-related activities that lend themselves to repetitive stress injuries include:

Assembly line work
Polishing, sanding, and painting
Pipe setting
Jack hammering
Any overhead work
Butchering or meat packing
Sawing and cutting
Writing
Driving
Stocking shelves and packing
Massaging clients
Playing musical instruments
Mechanics

What types of injuries are caused by repetitive stress?

A familiar form of repetitive stress injury  is carpal tunnel syndrome, which causes swelling inside the tunnel that’s created by bone and ligament in the wrist. This swelling can put pressure on nerves passing through the tunnel -- leading to pain, tingling, and numbness.

Other types of repetitive stress injuries include:

Tendinitis - tears in tissue connecting bones to muscles
Myofascial damage - tenderness and swelling from overworking muscle
Tenosynovitis - irritation of the boundary between the tendon and surrounding sheath, and
Cervical radiculopathy - compression of disks in the neck (common in workers who hold a phone on their shoulders while using computers)

Further damage that can be caused by prolonged untreated repetitive stress injuries

It is important that a worker who is suffering from repetitive stress injuries gets timely proper treatment and remediation/modification of their work environment or their injuries can worsen.  Untreated injuries can turn into reflex sympathetic dystrophy/Complex regional pain syndrome (RSD/CRPS).  Although there are no clear ways to alert a worker that they’re headed for RSD/CRPS, often, by the time an employee realizes that something is wrong, damage has already been done. For this reason, mindful employers and employees should pay attention to the following warning signs:

Pain. Workers may feel a sharp or dull and aching pain in their limbs, which may increase in intensity over time. Some employees feel this pain after working on the computer or cash register for a few hours, while others start to notice it only when they make certain movements outside of work -- such as twisting a doorknob to open a door or raising their arms to wash their hair.

Tingling or numbness. Sometimes a worker's hand or arm may have a tingling sensation, or the employee may experience numbness or tingling in certain fingers. This is a sign that nerve damage may have already occurred, so these symptoms should be taken seriously.

Fatigue. A worker who is experiencing pain may tire easily or may be unable to perform the same amount of work they have gotten done in the past.

Weakness or clumsiness. A loss of strength, dropping items, or having difficulty picking things up can be a sign of a possible RSD.

Keith (Kit) Belt, Jr 
BELT LAW FIRM, P.C. 
Lakeshore Park Plaza, Suite 208
2204 Lakeshore Drive 
Birmingham, Alabama 35209

Telephone: (205) 933-1500 
Toll Free: (888) 933-1514 
E-Mail Keith "Kit" Belt - KIT BELT

Web page: BELT LAW FIRM  

Keith T. Belt, Jr. is an attorney with Belt Law Firm, P.C. (www.beltlawfirm.com) in Birmingham, Alabama, who is licensed in Alabama, Georgia, Tennessee, Florida, New Mexico, and Colorado. He has extensive experience in representing RSD afflicted persons and in handling RSD cases. He provides an RSD informational website www.rsdinfocenter.com that is intended to help RSD afflicted persons.