Blue Grass Workers Compensation Attorneys

Navigating legal issues following a workplace injury can be challenging. Our workers' compensation attorneys are here to assist. 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.

What Compensation Could I Receive for a Back Injury at Work?

Back injuries at work can lead to significant pain, discomfort, and financial strain. If you have sustained a back injury at work, you may be entitled to workers' compensation benefits. Several factors determine the amount of compensation you could receive for a work-related back injury. 

Factors Influencing Compensation

1. Permanent Injury

The primary consideration is whether your injury is permanent. If you have a permanent work-related back injury, you may be eligible for a percentage of 500 weeks of benefits. If you are considered permanently and totally disabled, you could receive benefits for a lifetime.

2. Functional Impairment Rating

A functional impairment rating assesses the extent of your injury. This rating, combined with other factors, determines your compensation. If you do not understand the difference between a functional impairment rating and industrial disability, it is essential to seek clarification and possibly consult resources such as a workers' compensation guide.

3. Surgical Requirements

The type and number of surgeries you require can significantly impact your compensation. Common surgeries include fusions, laminectomies, and discectomies.

4. Work Absence Duration

The length of time you were off work due to your injury is another important factor. Longer absences typically result in higher compensation.

5. Permanent Work Restrictions

If your injury has resulted in permanent work restrictions, this will be taken into account when determining your compensation.

6. Use of Assistive Devices

The need for assistive devices such as canes or braces will also be considered.

7. Current Symptoms

Your current symptoms and how they affect your ability to work are critical in assessing compensation.

8. Future Medical Care

Ongoing or future medical care needs, including the possibility of additional surgeries or treatments, will influence your compensation.

9. Employment Status

Whether you have returned to your regular job, are making the same or more money, or have been terminated because your employer cannot accommodate your restrictions are crucial factors.

10. Job Search and New Employment

If you have been terminated and are actively seeking a new job, your efforts will be considered. Finding another job, the pay, and job requirements are also evaluated.

11. Age and Education

Your age, educational background, and any learning disabilities or language barriers can affect your employability and compensation.

12. Other Health Conditions

Any other health conditions that impact your ability to work will also be factored into your compensation.

Calculation of Benefits

Once these factors are evaluated, your compensation is calculated. For example, if you are determined to have a 30% industrial disability, you would be owed 150 weeks of PPD (permanent partial disability) benefits (30% of 500 weeks). These benefits are paid weekly unless you agree to a lump-sum settlement, which often includes closing your medical file.

Determining Weekly Rate

Your weekly rate is crucial in calculating your compensation. It is based on:
- Your average weekly wage in the 13 weeks before the injury, including regular bonuses and tips.
- Your marital status.
- The number of dependents you claim.
- Any additional dependents if you are 65 or older.

The weekly rate significantly impacts the total compensation. For example, 150 weeks of benefits at $200 per week totals $30,000, whereas at $1,000 per week, it totals $150,000.

Settlements

Approximately 80-90% of cases settle before trial, often for a lump sum with the medical and case either open or closed.

Switching Jobs During a Workers' Compensation Case

Switching jobs while still treating your injury can create complications. The workers' compensation insurance company might attribute new problems to your new job, potentially denying further medical care. Although switching jobs is possible, it is generally advisable to wait until you have reached MMI (maximum medical improvement) and have been given permanent work restrictions.

Considerations When Switching Jobs

1. Medical Care and Treatment

Under Iowa law, you have lifetime medical care for work injuries. However, the insurance company can deny further treatment by obtaining an opinion that your current issues are unrelated to the original injury.

2. Industrial Disability Analysis

If you have a body as a whole injury and leave your job, you may be entitled to an industrial disability analysis. This could lead to higher compensation, but it is complex and requires careful handling.

3. Potential Higher Settlement

Employers might be willing to offer a higher settlement if you agree to leave your job as part of the settlement. This often involves closing your file, including medical benefits.

4. Quitting Your Job

Quitting your job during treatment can result in the termination of TTD (temporary total disability) benefits. Filing for unemployment may also be challenging.

5. Retiring or Discussing Retirement

Discussing retirement plans can negatively impact your compensation. Employers can use retirement as a factor to reduce compensation.

Proving Chronic Pain is Work-Related

Proving that chronic pain is related to work duties requires careful documentation and supportive evidence.

Causes of Chronic Pain

Chronic pain can stem from:
- Repetitive movements.
- Overuse injuries.
- On-the-job accidents.

Conditions causing chronic pain include:
- Fibromyalgia.
- Pinched nerves.
- Herniated discs.
- Carpal tunnel syndrome.
- Myofascial pain syndrome.
- Neuropathy.

Building a Strong Case

To build a strong workers' compensation case for chronic pain, you need:
- A pain journal documenting your pain.
- Expert testimonies proving your condition and its relation to work.
- Medical records demonstrating dedicated diagnosis and treatment efforts.

If Your Claim is Denied

If your claim is wrongly denied, it is essential to seek legal assistance to ensure your rights are protected and to pursue the compensation you deserve.

Getting Legal Assistance In Blue Grass

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 Blue Grass 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.