Please use this free form available for download – Duties Under Duress.
This form should be completed by all injury patients around the 30 day mark or later after they were injured. Please don’t have them complete this form on the first day they were in an accident. Obviously, we want to give the patient an opportunity to recognize what they duties they still have to perform in pain.
Duties under duress is defined as tasks that a person used to complete before an injury but now has a tough time completing. Injury or not- the job must get done. There are several types of duties: work duties; household duties (outdoor); and domestic duties (indoor); and school/educational duties.
If you are a doctor in Florida who treats injury clients and you are not getting this information documented then you are (1) losing an opportunity to help your injury patients and (2) losing an opportunity to get more referrals from injury lawyers who need this information.
Some examples of Duties Under Duress:
Example 1: Joe works for a landscaping company mowing the lawn so he can feed his family of four. He lives paycheck to paycheck and can’t quit his job even though he is in extreme pain. Joe won’t have a lost wages claim in his injury case because he didn’t/couldn’t miss any work…but shouldn’t the doctor have this documented in his/her file?
Example 2: Jason is a stay-at-home dad who cares for his two young children. Jason’s amazing wife makes 100% of the family income and Jason is responsible for washing dishes, laundry, and cooking for the family. It takes Jason more time and causes a lot of pain to be on his feet all day cooking but Jason’s wife gets angry when the house isn’t clean and the food isn’t ready so he does it anyways…shouldn’t the doctor have this documented in his/her file?
Abe- why doesn’t the lawyer give these forms to his client?
Florida laws assume that information in the medical chart and communicated with the doctor is more accurate than if it is told to the lawyer. Besides, this information is important for the doctor to know when treating the patient. Wouldn’t you advise the patient how to perform certain repetitive tasks in a way that doesn’t aggravate their low back pain?
Florida doctors: have the patients complete these forms 30 days after the accident and place it in your medical file so the injury lawyer has more information to provide the insurance company.
