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Typical barriers to returning to work and
remaining in work include:
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Direct & indirect effects of the
disability, for example, mobility restrictions,
depression, lack of confidence. |
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Lack of knowledge of alternative
careers. |
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Lack of appreciation of abilities and
potential and where to go to for support or assistance. |
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Poor self-awareness with the result
that inappropriate jobs are targeted. |
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Mixed incentives - maybe concerned
about having benefits or insurance cover stopped
prematurely if they present as too capable. |
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Few or no jobs available with their
current skill set or their current level of functioning. |
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Poor job-hunting methods, e.g.,
presentation of disability and its implications. |
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Inability to manage the disability in
the work place; for example, lack of appropriate office
furniture. |
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Lack of sufficient training for the
job. |
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Negative attitude of employer. |
These barriers can result in the
individual becoming disheartened, especially if they try
work and it proves unsuccessful.
In addition, there are some practical
ways in which litigation itself can impact negatively on
successful rehabilitation and return to work of Claimants.
Recognition of suffering
For some Claimants, sympathetic recognition of their
suffering can very important. Even when liability has been
admitted, the litigation process does not encourage the
individual or organisation at fault to apologise and to
acknowledge the Claimant's loss. Instead, the system
encourages denial. Such behaviour can leave Claimants
suspended in their anger. With appropriate communication
this can be resolved.
Blame versus taking responsibility
Litigation obliges people to blame others for their
accident. Individuals are drawn into a process by which they
place the burden of their losses at the door of someone
else. Studies suggest that poor individual adjustment after
injury may be strongly related to acknowledgement of blame.
Where blame is not overtly acknowledged the injured
individual can feel an added sense of injustice. The
practical impact is that the Claimant becomes emotionally
stuck, perhaps seeing the end of litigation as the only way
he or she can move on.
Focus on losses and symptoms
Litigation, by its nature causes a focus on the negative,
which can encourage a mindset of powerlessness and
passivity. To claim compensation it is essential to
determine the losses the Claimant has suffered. There is,
therefore, a focus on what someone has lost. Individual
Claimants have said that this can become quite depressing.
If not well handled, the litigation process can inhibit
people from moving on and adapting to their new situation by
keeping them focussed firmly in the past.
Lack of trust
This is important where an insurance company is funding any
rehabilitation. A Claimant may mistrust the motives of a
funding insurance company. Without trust, the Claimant's
commitment and compliance with any agreed regimen will be
poor, with a correspondingly negative impact on successful
outcome. With the right approach trust can be developed.
Medical experts
The medical professionals involved in providing expert
evidence to the courts report medical outcomes in stark
clear terms, based on the balance of probability. These
medical reports can make very upsetting and depressing
reading for the Claimant, especially if there is a
pessimistic prognosis.
Burden of litigation
The process of litigation can be draining. We have heard
Claimants say that they will see the claim through before
they make significant changes to their life. The don't have
the emotional energy to contemplate making the changes they
know are necessary, including retraining for work
Timing - not leaving it too late
The need for initial vocational rehabilitation may be before
the medical condition is stable and before the insurers are
ready to pay for it. For example, an early discussion of
career options can be useful in preparing the ground for
acceptance of the need for retraining; or an early approach
to the employer once the extent of the disability is known,
with the aim of keeping a job open. These needs can arise
before issues of liability and causation, have been
clarified. In addition, there is an optimum window of
opportunity in which the individual will most readily
respond to assistance. If left too long, the individual may
become despondent; or their support structures may collapse,
for example, in marital breakdown.
Final comment
Dealing with these issues appropriately will make
it more likely that the injured Claimant will make a
successful transition to work, and in the process, allow
them to better re-build their lives, or bolster their lives
from deteriorating. |
