As you know, Erin Brockovich, our hero and supporter, personally visited Workcover Victim on 23 March 2012. In this exclusive home video, Erin Brockovich and Workcover Victim also discuss the “risks” of blogging when an injured worker is on workcover. In particular, we discuss the twisted and dirty tactic used by many workcover insurance companies to “prove” that an severely injured worker is “capable of working” if they are “capable of blogging”!
Erin Brockovich personal visit to workcover victim – exclusive home video: workcover and blogging
Yep, it’s true, many (if not all) workcover insurance companies will use the well known, dirty tactic of trying to prove – in particular in a common law damages claim for economic loss – that a medically certified seriously injured worker is capable of working if they are “capable of blogging”! They do this, of course, for no other reason that to mitigate a damages (compensation) payout (see our article of the 40% loss of earning capacity test for more information).
However, and as Erin Brockovich clearly states in this exclusive home video, a completely paralyzed person from the neck down is able to “blog”! With the modern technologies available today, such as voice recognition software, virtually any seriously, physically disabled person (who is able to speak) can “blog”, tweet, keep a Facebook page and email etc.
This does NOT mean that a seriously injured worker can work! Of course not! Consider for example that the “blogging” injured worker is up to his/her eyeballs on heavy duty narcotics, is severely sleep deprived because of severe, chronic and/or intolerable pain and needs frequent Nana-naps during the day. Consider that the seriously injured worker needs to lie down on a day bed or couch and needs to be supported by pillows in order to “blog” and that s/he can only “blog” for a few minutes at a time. Surely you cannot compare this kind of “activity” with any full time or even part-time “job”, where an injured worker would be required to be alert, sit at a desk (at least) for a couple of hours (at least) and focus? And, oh, what about attending meetings and taking hand-written notes? Or operating machinery doped as you are? Or, what’s even better, working in some management role and being responsible for making important decisions whilst you are taking considerable amounts of Oxycontin and Morphine, eh? Or would you like us to answer important telephone calls for your company?
As I explained to Erin Brockovich, I use voice recognition software -Dragon Naturally Speaking - to dictate some articles, but as I said, I also have the much needed help of Actavista and several other injured workers to help with entering, researching and actual blogging. Also, my partner does on average 70% of the physical “work” required (typing, graphic’s editing, video uploads etc) and will often post pre-dictated articles and entries on a Dictaphone when I am just in too much pain or too tired to “blog”!
It just shows again and again to what we , injured workers, are reduced to: criminals, living in constant fear, paranoia, as if we’re doing something wrong by being seriously injured and by being impaired.
I think it is insane that we are not allowed to express ourselves on a blog or use social media out of fear that a workcover insurer defense will twist and turn things as to hold “blogging, tweeting, Face-booking or emailing” against us!
By the way did you know that Workcover insurance companies have been known to use injured workers’ letters of complaint(s)- written by injured workers- against them….showing them to doctors and asking them to give an opinion that if they can write letters can they do an office/desk job!
You can read more about this subject in a previously posted article entitled ” WorkCover and Blogging, a bad combination”