Associations with legal representation in a compensation setting 12 months after injury

Casey, Petrina; Feyer, Anne-Marie; Cameron, Ian D.

doi:10.1016/j.injury.2015.01.003

Cited by 12 publications

(12 citation statements)

References 37 publications

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“…After removing the duplicates, 945 titles and abstracts were screened with 397 full-text articles and then evaluated. Of these, 14 longitudinal studies describing 12 independent cohorts with a total of 2733 participants with WAD satisfied our inclusion criteria and were included in this review 34 36 38 52–62. The number of studies retrieved from each database and the number of studies excluded in each screening phase are shown in figure 1.…”

Section: Resultsmentioning

confidence: 99%

Is kinesiophobia and pain catastrophising at baseline associated with chronic pain and disability in whiplash-associated disorders? A systematic review

et al. 2019

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BackgroundKinesiophobia and pain catastrophising may be associated with patients’ transition from having acute to chronic pain following a whiplash injury.ObjectiveTo systematically review and critically appraise the literature to determine whether kinesiophobia and pain catastrophising are associated with greater likelihood of patients developing chronic pain and disability following a whiplash injury.DesignA systematic review of the literatureData sourcesElectronic searches of PubMed, AMED, CINAHL, PsycINFO, and PubPsych, and grey literature were undertaken from inception to September 2017.Eligibility criteria for selecting studiesStudy selection was based on longitudinal studies evaluating how kinesiophobia and/or pain catastrophising at baseline are associated with pain intensity, disability or both after a whiplash injury.ResultsWe included 14 longitudinal studies that described 12 independent cohorts with a total sample of 2733 participants with whiplash-associated disorder. Kinesiophobia at baseline was not associated with pain intensity over time (three studies). Whether kinesiophobia at baseline was associated with disability was unclear as results were conflicting (six studies). There were also conflicting results when we examined the association between pain catastrophising and both pain intensity (five studies) and disability (eight studies).Summary/conclusionsKinesiophobia at baseline was not associated with pain intensity over time. There were conflicting results for the remaining analyses. The size of the associations was small. The overall quality of the evidence was very low.Trial registration numberCRD42016053864.

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Section: Resultsmentioning

confidence: 99%

Is kinesiophobia and pain catastrophising at baseline associated with chronic pain and disability in whiplash-associated disorders? A systematic review

et al. 2019

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“…Few qualitative studies have identified factors that largely depend on a person's environment and health‐care and compensation systems . Others reported factors such as lack of family support, legal involvement and the compensation claim . However, it is still unclear how these factors impact the recovery outcome; how they interact; and which from an injured person's perspective are the most important to measure to identify people at high risk for poor recovery.…”

Section: Introductionmentioning

confidence: 99%

Biopsychosocial barriers affecting recovery after a minor transport‐related injury: A qualitative study from Victoria

Samoborec

Ayton

Ruseckaite

et al. 2019

Health Expectations

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ObjectiveThe aim of the study was to understand the recovery phenomena and to explore participants' perspectives on the biopsychosocial facilitators and barriers affecting their recovery after a minor transport injury.MethodsA qualitative method was used involving semi‐structured interviews with 23 participants who sustained a minor transport injury. Interviews and analysis were guided by the biopsychosocial model (BPS) of health. The outcomes were themes capturing biopsychosocial barriers to, and personal experiences of, recovery using a previously defined framework.ResultsThe themes indicate that recovery is a multifaceted phenomenon affected by comorbidities such as chronic pain, depression and anxiety. A range of subsequent complexities such as the inability to self‐care and undertaking daily domestic duties, and incapacity to participate in recreational activities were major barriers to recovery. These barriers were found to be an on‐going source of frustration, dissatisfaction and a perceived cause of depressive symptomatology in many participants. Most participants reported mixed feelings of the care received. Other common issues raised included a lack of understanding of the assessment time, regular follow‐up, guidance and on‐going support.ConclusionThis study revealed that recovery after a minor transport‐related injury was a challenging, complex, demanding and a long‐term process for the individuals in this study. Findings from this limited cohort suggested that, for participants to return to their pre‐accident health status, a more coordinated approach to information and care delivery may be required.

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“…These studies have found a relationship between lawyer use and negative recovery outcomes, including physical and mental ill-health [20][21][22]; longer treatment times [20]; delays in, and lack of, claim closure [23][24][25][26]; and lower perceived fairness of the compensation process [16]. However, these studies are observational and cannot establish causality and, as a result, questions have been raised about the direction of this relationship [27,28], the mechanisms linking lawyer use to claimant outcomes [19], and the influence of external factors such as the tendency of lawyers to select cases based on economic viability [9].…”

Section: Lawyer Use In Road Traffic Injury Compensation Schemesmentioning

confidence: 99%

“…In contrast, there has been minimal examination of lawyer use as an outcome in compensation schemes. As such, the prevalence and drivers of lawyer use in compensation schemes are not well understood [27]. Equally, whilst lawyer use is a measure of aspects of scheme performance, it is challenging to interpret: routine use of lawyers in a scheme may indicate a complex claims process in which claimants struggle to understand and access their rights without assistance.…”

Section: Study Aimsmentioning

confidence: 99%

“…Other interpretations are also possible. There is a pressing need for studies that examine lawyer use as an outcome to begin to build an evidence base around whether, when, and how claimants are using legal services, and how this is changing over time [19,27,29]. This study addresses this need by investigating lawyer use in 276,546 claims in the road traffic injury compensation scheme in the state of Victoria, Australia.…”

Section: Study Aimsmentioning

confidence: 99%

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Trends in lawyer use in road traffic injury compensation claims

2020

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Injury compensation claimants use legal services to help them navigate compensation schemes, including accessing benefits and resolving disputes. Little is known, however, about the extent of lawyer use by compensation claimants, including changes over time. This paper presents findings from one of the largest empirical investigations of lawyer use in an injury compensation setting to date. Using evidence from more than 275,000 claims in the road traffic injury scheme in the state of Victoria, Australia, this study examines the prevalence of, and changes in, lawyer use between 2000 and 2015. The analysis identifies a significant increase in the use of lawyers in the scheme, and explores possible explanations. This study provides critical insights into lawyer use in compensation settings: the steep increase in lawyer involvement has both access to justice and financial implications for compensation schemes, given the associations between lawyer use, claimant outcomes, and long-term scheme viability. OPEN ACCESSCitation: Scollay CE, Berecki-Gisolf J, Grant GM (2020) Trends in lawyer use in road traffic injury compensation claims. PLoS ONE 15(4): e0231025.

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Associations with legal representation in a compensation setting 12 months after injury

Cited by 12 publications

References 37 publications

Is kinesiophobia and pain catastrophising at baseline associated with chronic pain and disability in whiplash-associated disorders? A systematic review

Is kinesiophobia and pain catastrophising at baseline associated with chronic pain and disability in whiplash-associated disorders? A systematic review

Biopsychosocial barriers affecting recovery after a minor transport‐related injury: A qualitative study from Victoria

Trends in lawyer use in road traffic injury compensation claims

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