Women feel more pain than men

Because I represent injured people in workers' comp cases or auto accidents or other types of accidents like slip and falls, I deal with people in pain on a constant basis.  That's why this article from the NY Daily News jumped out at me.

Researchers at Stanford University examined medical records of more than 72,000 patients, and found that women reported feeling about 20 percent more pain than men. 

Patients were asked to rate their pain on a scale from 1 to 10, with 1 being no pain at all, and ten being the most extreme pain, and on average women reported one point higher than men. Their findings, which were published Monday in the Journal of Pain, held true for a wide variety of diagnoses. 

Scientists are studying whether the disparity proves that women actually feel more than men, or whether they're simply more willing to report feeling pain.

I'm not sure what I make of this.  Obviously, our culture stresses that boys and men, generally, should not complain of pain or be deemed "less manly."  I think that probably has a lot to do with it.  Anyway...fascinating stuff.  The entire article is a good read. 

Engineers injured in fall from collapsing stairs awarded $7.8M

In many workers' compensation cases, the work-related injury is caused by a another person or entity. In these types of cases (usually called "Third Party lawsuits) the injured worker can file a negligence claim against the person or entity that was at fault. Actually, many of my personal injury cases are really Third Party cases and have come to me originally as workers' compensation cases that I have determined were caused by someone else's negligence.

You may ask...why file a Third Party case when you have a valid workers' compensation claim? The main reason is that under Third Party negligence lawsuits, the plaintiff can seek pain and suffering damages. But under workers' compensation claims in Pennsylvania, the injured worker is only allowed to recover lost wages and medical bills.

The following case synopsis is an example of just such a Third Party case that was filed in Allegheny County, Pennsylvania and was provided to me via VerdictSearch.com:

Two engineers who fell from a collapsing staircase in a research plant recovered a $7.8 million verdict. Clifford Decker and David Gillingham were working on project for Consol Energy Inc. when an exterior steel staircase, the only exit from the building, suddenly collapsed and sent them falling 14 feet to the ground. Decker fractured his femur and hip and Gillingham suffered a torn rotator cuff and shoulder impingement. The plaintiffs claimed that the 40-year-old building wasn't properly inspected. Consol Energy argued that there was no notice of a problem with the staircase, which was used numerous times without incident and showed no signs of deterioration.

Decker v. Consol Energy Inc.

Manufacturer Pulls Darvon, Darvocet Pain Medicine

I'm posting this article because many of our Pennsylvania workers' compensation clients and auto accident clients take pain medications for obvious reasons. Many of these medications are for controlling chronic pain due to very serious injuries. Our clients suffer from life-long pain and disability due to these injuries. With these drugs off the market, although our clients will be safer, they will ultimately have fewer choices to manage their pain.

From ABC NEWS- Health:

"The U.S. Food and Drug Administration announced Friday that it is pulling off the U.S. market the prescription painkillers Darvon and Darvocet, which combines Darvon with the aspirin substituteacetaminophen, because of new scientific evidence they can damage the heart, even at recommended doses, or cause fatal cardiac abnormalities. The agency now is asking manufacturers of generic propoxyphene to do the same.

The drugs have been banned in Great Britain since 2005. The European Medicines Agency in June 2009 recommended their gradual removal from the European Union market after concluding risks, including the risk of fatal overdose, outweighed pain-relieving benefits."

Work related auto accidents

Recently, a person contacted our Firm asking whether or not they could receive workers’ compensation benefits due to injuries from an automobile accident in which they were driving their own car but were on company time. The simple answer is yes. As long as your actions come under the category of “furthering your employers business” then you can receive workers’ compensation benefits. It does not matter whether or not you are driving your car or the employer’s vehicle when the accident occurs.

Also, it does not matter whether you were at fault or someone else was at fault. Even if you are the one who caused the accident and was negligent and caused your own injuries, you are still entitled to workers’ compensation benefits. Those benefits would be wage loss, assuming that you have lost time from work, as well as the medical bills.

You may also be entitled to benefits from your own personal automobile insurance policy. You may have purchased wage loss coverage on your own personal automobile policy. If so, your auto insurance company will make up the difference that you have lost in workers’ compensation wage benefits up to the limit of the personal wage loss coverage.

Also, if the other driver was at fault, you can always pursue what is called a “third party action” against the negligent driver and receive pain and suffering money. This is always more advantageous then just strictly workers’ compensation because, under workers’ compensation, you are not compensated for any pain and suffering. In a negligence action you would be able to factor in how the injuries have affected your life.

If you have been involved in a work related automobile accident and you have questions, please do not hesitate to contact us at Carroll & Carroll, P.C.