Workers Compensation Lawyer Archives - Patton and Patton

Anchoring Bias: Can I Get a Second Opinion?

Matt Patton — Fri, 15 Mar 2019 19:21:44 +0000

The day I met my best friend he had gelled hair with several carefully pieced strands that crawled down his forehead like the legs of the giant creature from season 2 of Stranger Things. He wore Abercrombie and Fitch, a shark necklace, and listened to boy bands. My first impression wasn’t favorable. As I got to know him, I came to discover there was a lot more to him than a cringey series of 90’s trends. Kids can be judgey and first impressions are often misleading.

This is an example of what is sometimes called Anchoring bias. Often, when we draw conclusions, we rely too heavily on one bit of information that “anchors” our thoughts on the subject. Usually, this is the first piece of information we get. Anchoring bias can be a really big challenge for medical professionals. Maybe they see a history of drug use or maybe they notice that the patient is obese. Their diagnosis and treatment plan can get anchored around one piece of information despite other more important factors of consideration. This is why a second opinion can be so important. This isn’t a slam on the medical profession. This bias is common to everyone and occurs in every profession.

We often have worker’s compensation clients that experience this very thing. A doctor forms a conclusion that made it difficult for them to pursue the treatment that would get them back to work. Occasionally, the worker’s compensation doctors are paid by your employer. This relationship can also create unrealized biases that are not always in your best interest. Injured workers are often in desperate need of a second opinion. It’s for this reason that a statute exists in the worker’s compensation field that allows patients to get a second opinion from a treating doctor that hasn’t been specifically authorized by their employer. The statute provides for $500 of this “unauthorized” treatment. If you’re concerned your doctor isn’t recommending the treatment you need, talk to your employer about using this unauthorized medical to get a second opinion.

This article is written by Matt Patton. Matt is the youngest Patton boy, a father of two, and a legal assistant at our firm. Though the content of this article is reviewed by a lawyer, this nor any post should be viewed as legal advice. For legal advice concerning your particular situation call our office.

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There is ONE thing you really need to tell your boss

Joe Patton — Fri, 03 Jan 2014 16:24:16 +0000

There is one thing you really need to tell your boss: that you have had an accident on the job. It is very important for you and your family that you tell your employer, period, no exceptions, and no excuses, just report it.

More often than not when people have an accident on the job they just ignore it and keep working. Most people just figure the pain will go away, and why make a fuss. In fact there are many reasons people do not give notice to their employers. I have also found that some employers affirmatively discourage their people from reporting accidents. Ignore all that. You report the accident anyway. You report the accident even if the injury is small. Report the accident even if you are not hurt at all, or even if your boss frowns on reporting accidents. Just do it.

Here’s why.

Sometimes you simply do not know the nature or extent of your injuries, and you may not know for some time. Let me illustrate. I know of one rugged man, of strong character who wasn’t going to whine about a little discomfort. He would just brush it off and moved on. Sure his back was a little sore the next day, but he’s had sore backs before, no big deal. He actually thought he was doing himself and his employer a favor by not reporting the accident. In the back of his mind, he thought, if things get worse I can always ask for treatment later. Wrong. Finally the pain grew so bad he was forced to ask for medical treatment. Sorry. Too late: the workers compensation insurance company refused to pay for any medical treatment because he had reported the accident after the deadline. Here is the kicker: When he turned the medical bills into his health insurance, they also refused to pay because it was supposed to be paid by the workers compensation insurance! Now he is paying large medical bills out of pocket, with his family suffering financially, just because of a technicality.

So report the accident. You only have 20 days, 10 if you no longer work there, for accidents after April 25 of 2013. If the employer has designated in writing that a certain individual should get the notice then notice to anyone else is insufficient. Otherwise give your notice to a supervisor or manger.

We are Workers Compensation lawyers who will help you through the system and help get all the benefits the law allows. Call us for a free conference on how we can help you with your injury claim at 785-273-4330.

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