Bedford Workers Compensation Attorneys

The legal landscape following a workplace injury can be overwhelming. Our workers' compensation attorneys are here to guide you. With steadfast dedication and expert skills, our team fights for injured workers' rights. We work diligently to secure fair treatment and rightful compensation, letting you concentrate on getting better.

If you or a loved one has been hurt at work in Iowa, you likely have an Iowa workers' compensation claim. The terminology used by insurance companies, doctors, and nurse case managers can be confusing and difficult to understand. As an injured worker, you have certain rights and responsibilities that you should know to avoid making costly mistakes. This comprehensive guide covers the essential aspects of Iowa workers' compensation to help you navigate your claim.

Definitions of Words and Abbreviations Used

Medical Care

Under Iowa law, your employer and/or their workers' compensation insurance company is allowed to direct your medical care to the doctors and other medical providers they select. They are required to pay for this medical care in its entirety for your work injury-related condition. However, if you choose to seek medical care on your own, the workers' compensation insurance company will not cover it. You will need to use your own health insurance or personal funds, which might have limitations based on your policy's provisions.

It is possible to switch to other medical providers by using a process called a petition for alternate medical care. This may be necessary if the workers' compensation doctors have no more medical care to offer you, but another doctor believes additional treatment may help.

TTD: Temporary Total Disability

TTD is a weekly check you should receive when you are unable to work or have restrictions that your employer cannot accommodate. If you are taken completely off work by the company doctor, you should receive a TTD check. Note that there is a waiting period of three days before you receive compensation unless you miss 14 or more days of work.

PPD: Permanent Partial Disability

PPD compensates an injured worker for permanent loss. The amount depends on factors such as the type and severity of your injury, and your impairment rating. Injuries are classified as scheduled or unscheduled. Scheduled member injuries include specific body parts like hands, arms, and legs. Unscheduled injuries, also known as body-as-a-whole injuries, include conditions affecting the shoulder, neck, back, and more. Exceptions to these classifications may apply.

Rate

This is the amount of your weekly TTD or PPD check. It is typically calculated based on 13 representative weeks of your wages prior to your injury. Bonuses are included in this calculation. Your weekly rate is determined using your average weekly wage (AWW), marital status, and the number of exemptions you claim.

IME: Independent Medical Examination

An IME is sometimes requested by the insurance company to get a second opinion from another doctor. Often, these exams are not truly independent and may favor the insurance company. If required to attend an IME, failure to do so can result in suspension of your benefits.

85.39 IME

After the insurance company's doctors give you an impairment rating, you have the right to a second opinion with a doctor of your choice, partially paid for by the insurance company. Choosing an experienced and qualified IME doctor is crucial.

MMI: Maximum Medical Improvement

MMI is when doctors determine you have healed as much as possible. Reaching MMI does not necessarily mean your case is over or that no additional medical care is needed.

Impairment Rating

Once at MMI, doctors evaluate your impairment based on the AMA Guides, 5th Edition. This rating impacts the compensation you receive, depending on whether your injury is scheduled or unscheduled.

FCE: Functional Capacity Evaluation

An FCE assesses your permanent work restrictions through physical testing. The results are used to determine what work you can safely perform.

Settlement

There are various types of settlements in an Iowa workers' compensation case. The insurance company should pay your impairment rating without requiring you to settle. Before considering any settlement offers, consult with an experienced workers' compensation lawyer.

Your Rights as an Injured Worker

Medical Care

You have the right to medical care and treatment for your lifetime for conditions caused by your work injury. However, if a doctor finds your condition is not work-related, the insurance company may stop paying for your care.

Payment of Mileage Expenses

You are entitled to reimbursement for mileage to and from medical appointments and physical therapy. The reimbursement rate changes annually.

Second Opinion

After reaching MMI and receiving an impairment rating, you can seek a second opinion from a doctor of your choice, with partial costs covered by the insurance company.

Your Responsibilities as an Injured Worker

Report Your Injury

You have up to 90 days to report your injury, but it is advisable to report it immediately. Follow your employer's policies on reporting injuries.

Communicate with Your Medical Providers

Accurately and consistently report how you were injured and all related symptoms to your doctors and therapists. This is crucial for fair compensation.

Be Ready and Willing to Work

If you can return to work with restrictions, provide a copy of the restrictions to your employer and attempt to work within them. If you encounter problems, notify your supervisor and the doctor's office promptly.

Spondylolysis: Work-Related Conditions and Compensation

Understanding Spondylolysis and Spondylolisthesis

Spondylolysis is a defect in the pars interarticularis, potentially leading to spondylolisthesis, where a vertebra slips out of place, causing low back pain. These conditions can result from genetics, trauma, repetitive motions, or stress on the spine.

Work-Related Spondylolysis

Jobs involving regular stress on the lower back, such as construction work, gardening, roofing, and painting, may increase the risk of developing spondylolysis. Symptoms include chronic lower back pain, pain that worsens when bending backward, leg weakness, slowed reflexes, and tingling sensations.

Seeking Help for Work-Related Spondylolysis

If you experience symptoms, consult a doctor for proper diagnosis and treatment, which may include rest, medication, physical therapy, or surgery. Filing a workers' compensation claim can help cover the costs of treatment.

How to Obtain Video Footage of Your Accident

Legal Rights to Surveillance Footage

Under Iowa Code §85.27, employers must release video footage upon request. This law was reinforced by the Iowa Workers' Compensation Commissioner in 2012.

Using Video and Other Evidence to Support Your Claim

Video footage can be a crucial piece of evidence. However, employers can also use it to discredit claims. Ensure that all evidence, including medical records and witness testimonies, is reviewed and presented accurately.

Summary of Legalities

Employers are required to produce surveillance materials upon request. They cannot withhold them until after the worker’s deposition. If the footage is irrelevant, employers may request an order to prevent its release.

Getting Legal Assistance In Bedford

Navigating the complexities of Iowa workers' compensation laws can be daunting, especially during the recovery process from a workplace injury. Seeking guidance from a seasoned Bedford Workers' Comp attorney is invaluable in ensuring your rights are protected and maximizing your chances of a favorable outcome.

Legal professionals play a pivotal role in gathering evidence, preparing documentation, and advocating for your interests throughout the claims process. Don't risk missing out on the compensation you deserve – enlist the support of a qualified attorney to navigate the complexities with confidence.

The Iowa Workers' Compensation attorney team at Walker, Billingsley & Bair know the importance of protecting your work injury claim from the get-go. That's why we provide this FREE book; Iowa Workers' Compensation - An Insider's Guide to Work Injuries: 7 Deadly Mistakes To Avoid If You Are Hurt At Work. To learn more about what our legal team will do to help you protect your Iowa work injury claim, contact Walker, Billingsley & Bair to schedule a no-cost consultation - 641-792-3595.