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The Judge will not believe I’m hurt unless I exaggerate my complaints in PA Workers’ Comp.

  • Owner
  • 09/22/2018

One of the largest misconceptions seen in Workers’ Compensation is that a worker must exaggerate their pain complaints in order to be successful in obtaining benefits. Injured workers are almost always required to testify in any form of Workers’ Comp litigation, whether they are seeking benefits in a Claim Petition or the employer is trying to terminate their benefits. Within that testimony we often see injured workers report extremely severe pain complaints that is not reflected in their medical records. We also encounter individuals who report that none of the treatment provided has helped their condition improve. In some cases, pain complaints rated 8 or 9 out of 10 months after an injury are justified, but more often than not this testimony is viewed as incredible.

When an injured worker testifies either by deposition or live before the Judge, the Judge will evaluate whether they feel the worker’s testimony was believable. For this reason, we always remind our clients that honesty is the best policy. Just because a worker’s condition has improved does not mean a Judge will find they are fully recovered or capable of returning to work. Most Judges appreciate honesty and will reward injured workers who are honest about their improvement as well as their limitations.

We understand that the temptation to embellish pain complaints is tough one to refuse. Most injured workers are relying on workers compensation to provide for themselves and their families while they are out of work. This is why being represented by an experienced and effective attorney can make all of the difference. If you have injured yourself at work and have questions about whether you may be entitled to workers’ compensation benefits, please call Pearson Koutcher Law right away. With the help of one of our experienced workers’ compensation attorneys, you can feel comfortable being honest with the Judge and truly “trust the process”.

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