Colorado Injured Workers Survey

Over at the Colorado Division of Workers Compensation they just posted the results of a survey now required by law. Once the case is over or close to over a survey request is sent out to the claimant. For this first survey not that many responded but it is enough to tell us something. The survey itself asks about courtesy, promptness, medical care and overall satisfaction. The weakest area, according to claimants finishing their case, is in disputes being promptly resolved. Amen to that as delays are common in a field originally set up with good intentions. Most cases seem to take 2 years if they involve a serious injury and an attorney. Some cases go much faster but often it is because they are being treated as minor. I have always planned on at least a year but it does depend on the injury and how much medical care is needed. Even then many cases seem to drag on largely because the system has remedies that take time to work through. A Division IME adds a minimum of 3 or 4 months to the process. You file this paper and wait for the other side. Then they file and you respond. Then you wait for the Division to give you doctor names and then once selected there is a window within which you must set the appointment. Even then it takes time to receive the report and more time for the insurer to act before the claimant can act. It is a bit like a baseball game as the law gives each side a time at bat so no matter how fast you want to go it takes time to line it all up. As for the survey results you can access them by clicking here. Pinnacol received a 3.6 grade out of 5 for overall satisfation. Zurich Insurance was a 4 and the worst among the larger companies was Kroger at 2.5 but all the results have been posted. You may need a spreadsheet program to look at it all but what it tells me is that the overall grade is like a C or C plus. Let me add this...it is not good enough for those disabled and relying on a government mandated compensation program to say it was just okay. Claimants are often hurting physically, financially and are also stressed by the situation even under the best of circumstances. They deserve courtesy, promptness and decent medical care. To me the lower the grade the more adversarial the company. Persistent low grades on surveys may warrant further review or further regulation.

The latest data on Social Security appeals and judges

If you are wondering how long it may take to obtain a hearing once you appeal the answer depends on where you live. It is reported that in Colorado Springs the delay to a hearing or disposition is 431 days. While they have been trying for years to speed up the process over a year remains a long time to wait. An attorney may use that time to obtain more reports or assessments but the wait is still too long for many people. In Puerto Rico the wait is shorter. In one office (Mayaguez, PR) the wait is 177 days. Then again in Lansing Michigan you can take 566 days to a disposition. Yet have the claim in Livonia Michigan and the wait is 257 days. Seems not that complicated to smooth all this out but apparently it has been tough to achieve. Waiting too long is much tougher on the disabled so wish they'd get it right. I realize it can be a matter of staffing and numbers but when video hearings are now permitted I fail to see why such a huge variance is tolerated. Last you can look up the latest figures for any judge at the website that compiles this data. You can look up what each judge in Colorado Springs is doing with the cases he or she is handling. What I saw in the latest stats is that 4 out of the 5 judges are somewhat more favorable to claimants and one is statistically denying more claims then issuing favorable or partially favorable decisions. We all know that statistics can be misleading and the types of cases a judge may be involved in can make a difference. The problem is when we discuss the odds we have to say its 50 50 but for some judges your odds are over 60% of obtaining an award. No question the older you are and the more restricted you are the better your chances but each case requires a very individualized approach.

Colorado Workplace Deaths in 2009 are lower

The Denver Business Journal is reporting that Colorado had fewer workplace deaths in 2009. The last time we had so few deaths was in 1998. My concern is that these statistics tell us nothing about why this is the situation. Are we safer in the workplace? Is the economy, unemployment and loss of many jobs to overseas sources leaving us with less employees? The good news is that deaths are down. The actual records for Colorado with a breakdown are here. Just to compare here are the figures for 2007 and for 2005.

The Survey

Insurers are now required to survey each claimant after the case is over as set forth in this rule just posted by the Division of Workers Compensation. This is then yearly reported by them. I wonder how many angry claimants will respond to the few questions posed to them. They relate to claimant satisfaction and this mandatory survey may reveal how many are dissatisfied. Many are not pleased by the process which originally was designed to promote the prompt and efficient delivery of benefits. Nowadays we have disputes all over the place which if not quickly resolved proceed to hearings and sometimes to appeals.

Work Injury Statistics in the USA

I have not yet found any statistics for last year but for prior years there are statistics on work injuries available at the national level. You can check it out at this link. I am not sure why Colorado only reports on fatal injuries to the US Bureau of Labor Statistics but the overall statistics show that for 2008 there were work injuries in 3.9% of the working population. This has been trending down over the last several years. Of those injuries about one-third or so result in time lost from work. Are these statistics accurate? I suspect it is much like auto accidents...only some are reported. Colorado has its last reported year as 2005 and is based on the actual filings of claims. In 2005 there were some 29000 lost time claims in Colorado. Does the poor economy affect anything? Probably so since the unemployed never have work injuries.

Stats on Attorney Fees in SSD cases

The Social Security website has the statistics on what has been paid out to attorneys as a fee in cases. The stats are posted here. From this it seems fairly straightforward to calculate an average attorney fee in a typical case. It runs around $3500 to $3600. That also means the average back benefits a typical claimant has coming is about $14000. The agency usually just pays the attorney and then the claimant these back amounts. Of course it depends on your earnings record. Some claimants receive $20000 or more and some may not be entitled to any back due amounts but the stats give us the average. Sometimes the attorney succeeds for you but receives little but that is a risk he takes on. By the way no attorney should be charging you any ongoing amount from your current checks. Is an attorney worth it? An experienced attorney gives you the best chance of obtaining benefits in that he is aware of the local practices and what usually works best. An attorney is not a guarantee. Locally it depends on many factors but the attorney usually lines up the evidence that will give you the best chance.

Colorado workers comp insurance rates to drop

It appears that companies will be seeing their comp insurance rates drop. This is due to reduced claims as noted in this article. However I do not see this means the workplace is safer. It is possible that is a factor but in my view it is more likely due to unemployment and the loss of manufacturing jobs. Times are tough and it is hard to sustain a work injury if you are not working.

Social Security Stats for August 2009

From the Social Security website you can see how many people are drawing SS retirement, disability, SSI and the like. It also includes the monthly financial figures in each area. Interestingly it also includes what the average SSI recepient receives (around $500 a month) and what the average Social Security disability benefit is monthly (around $1100). Anyone eligible to receive benefits only receives what is calculated for his situation. Many of those we represent only receive $700 or $800 a month in SSDI (disability based on your earnings) and that may be because some of those who are injured may be working in lower paying jobs. So anyone thinking that Social Security gives you big bucks is mistaken. If you want to look at the stats click here.

Change of Physician stats

The Division of Workers Comp issued some stats in two areas recently. These stats suggest that few people request a change of physicians in a workers comp case. However as with any statistics they can be read in different ways. First, a formal change of physician can take place in many different ways and these stats only deal with two of the ways. You can change a physician by agreement, by order, by abandonment of care, by a 20 day letter using a provision of 8-43-404 and by acting within the first 90 days by another provision of 8-43-404. My experience with 20 day letters is that they are usually denied by the insurer. Second, the stats seem to imply that injured workers are content with treatment so they do not want a change of doctors. Again, my impression is quite different. Having said that the way to understand this is to start with the fact that the employer designates the doctor to treat the injured worker. With minor injuries perhaps that is fine and speedy treatment deals with the injury so the worker can quickly return to work. But with more serious injuries a hand picked doctor in a clinic situation may not be the best choice. Often an injured worker is not very happy with his treatment but tries to make it work. So any effort to change comes too late and at some point an effort is made to close the case. Injured workers that are well treated and recover seldom seek attorneys. My opinion is that the number one reason many people come to see me is that they feel their medical treatment was inadequate and the injury was minimized by the doctor and the insurer.

Social Security Administrative Law Judge History

Each judge in the Social Security disability system has a track record. These records are maintained by the Social Security Administration but were only recently opened to public viewing. The link right here is to the site that deserves much credit for forcing the records to be open for anyone. If you know the name of your judge you can type it in and find out his decision making percentages for the last 3 years. Of course these are but statistics but I have researched a few of the local Judges. Judge Ball issues favorable decisions at the hearing stage 62% of the time, Judge Maddigan 68%, Judge Musseman 48% and Judge Shaffer 70%. What it does suggest is that seeking a hearing after you have been denied can give you a decent chance for a fair decision. These Judges do not just approve the denials so many receive.

Do Attorneys Make a Difference?

The state Division of Workers Compensation has statistics up through the year 2004. You can go to the Division website for this. For 2004 the average settlement was about $12000 for those not represented by an attorney. For those represented the average was about $32000. Click here for the 2004 stats and table 32 there sets forth the stats I am mentioning here. Now these are just averages. In my experience an attorney also helps on the medical side and on the receipt of temporary benefits. In many cases even before any settlement there are problems an attorney can assist with. Sometimes the treating doctor just discharges the claimant and that is wrong. This can result in the loss of medical care and loss of temporary benefits. Doing nothing is usually a mistake and an attorney can seek further care and benefits. The biggest factor can be where the insurer provides some permanent benefits but the claimant is no longer employable. This can mean much more in a settlement if it is pursued. Here the amount can far more then doubling or tripling the dollars. Lastly with those needing ongoing care this can be a lifetime situation though often the insurer does not see it that way. An attorney helps here too. I could write extensively on this but you get the idea. If you can then get an attorney...it usually means substantially more benefits.

Colorado Mortality Table

At Colorado Revised Statutes 13-25-103 the state sets forth life expectancies as we all age. Important in workers comp? Yes because if you might receive benefits for life then this tells us how long the average person lives based on current age. From that we can figure the value of a claim after discounting for interest rates and other factors. That makes this table important to some degree. Insurers sometimes assert the average age is not always correct and use what they call the rated age (a reduced age based on stats the insurers have for those as sick/disabled as you). I am posting the current Colorado life expectancies between 16 and 72 in full here but refer to the statute if you are younger or older:

16..... 61.5
17..... 60.6
18..... 59.6
19..... 58.7
20..... 57.7
21..... 56.8
22..... 55.8
23..... 54.9
24..... 53.9
25..... 53.0
26..... 52.0
27..... 51.1
28..... 50.1
29..... 49.2
30..... 48.2
31..... 47.3
32..... 46.3
33..... 45.4
34..... 44.4
35..... 43.5
36..... 42.6
37..... 41.6
38...... 40.7
39..... 39.8
40...... 38.8
41..... 37.9
42..... 37.0
43..... 36.1
44..... 35.2
45..... 34.3
46..... 33.4
47..... 32.5
48..... 31.6
49..... 30.7
50..... 29.8
51..... 29.0
52..... 28.1
53..... 27.2
54..... 26.4
55..... 25.5
56..... 24.7
57..... 23.9
58..... 23.1
59..... 22.3
60..... 21.5
61..... 20.7
62..... 20.0
63..... 19.2
64..... 18.5
65..... 17.8
66..... 17.1
67..... 16.4
68..... 15.7
69..... 15.0
70..... 14.3
71..... 13.7
72..... 13.1

Recent National Hot Topics in Workers Comp

I am posting a link to a website maintained by insurance interests. The information there makes us aware of the status of workers compensation in the nation. As expected claims are down over the last ten years as of 2006. That is the last year they provided data. It is interesting to see what is happening in other states. Of course insurers complain about rising medical costs and the efforts in some states to increase benefits but that has always been the case. I am beginning to wonder if this downturn in claims is the result of industry fleeing the country for production in foreign countries. As American laboring jobs are lost there are less claims too. The workplace is safer if the higher paying job is gone and now you are a greeter or in customer service. The news and comments at this site provide a broader perspective on injuries in America and what some states are doing. Click here to visit the site.

Stats, stats and more stats for the curious

Over at the Colorado Division of Workers Compensation website they post some very interesting information. The entire workers comp statutory law is there. The rules issued by the Division of Workers Compensation are there as are forms, publications and various other things. On one page numerous statistics are provided with links to the source of those stats. For example nearly 25% of all claims are contested at the beginning and stay contested. That forces the claimant to either give up or seek a hearing. Anyway here is the link to peruse that page for stats which were noted by the Division. I am especially intrigued by statistics which make you wonder what is going on. When the population goes up but claims and hearings go down it does make you think about it.
http://www.coworkforce.com/DWC/CuriousAbout.asp

A Few Interesting Stats

It appears there were over 10000 hearing applications in 2004 in Colorado. The actual hearings held were around 1500. There were however some 7000 settlements. So the general rule with injuries at work is that most result in settlements. But getting to a settlement or a hearing is often a complicated matter. For example there also were some 8000 motions filed in cases in 2004. Disputes are common in work injury cases and often the injured worker is truly mystified by it all. It seems as if they go from productive worker to problem employee overnight even if they've worked for the same employer for years. Medical, legal and financial worries can all be part of the stress on an injured worker. Employers and insurers suddenly can treat you like an adversary but even if they are trying to be decent about it the stress of needing to recover and move on with your life can be high. Even a minor injury can have long term consequences on your life so you should keep informed and if possible obtain good legal advice with your case. You can call us at 719-596-8900. If you cannot obtain an attorney or need further questions answered contact the Division customer service people at 1-888-390-7936 (toll free).