Colfax Workers Compensation Attorneys

The legal landscape after a workplace injury can be daunting. Our workers' compensation attorneys are here to guide you. With steadfast dedication and specialized skills, our team fights for injured workers' rights. We work diligently to secure fair treatment and proper compensation, allowing you to focus on recovery.

Understanding the Impact of Physician Releases on Workers' Compensation Benefits

When a doctor releases an injured worker, it can lead to a stoppage of payments on the workers' compensation claim. The outcome depends on various factors, including whether the employee is released to regular job duties, light-duty work, or if the condition has reached a point of maximum medical improvement (MMI).

1. Designated as Healed
    - In many cases, the employee's injury or illness eventually heals. For instance, a delivery truck driver involved in a traffic accident may suffer a broken arm and leg. After a few months, both fractures heal, and the driver can return to their regular job duties, at which point payments would stop.

2. Released with Job Restrictions
    - Another scenario occurs when the employee is released to return to work with certain restrictions. Job responsibilities might be adjusted, or the employee might work fewer hours. If treatment is ongoing, payments should continue during this period. However, if the employee fails to adhere to the prescribed work restrictions, payments could potentially be stopped. For example, if a doctor advises light-duty assignments and the employee declines, this decision could impact eligibility for benefits.

3. Adapting to Changing Work Circumstances
    - If the worker receives a lower wage due to the injury, temporary total disability (TTD) benefits could transition to temporary partial disability (TPD) benefits. Unlike TTD, which provides 80% of average spendable earnings, TPD pays two-thirds of the difference between pre-injury wages and reduced wages. Employees should receive their TTD checks on a weekly basis. If they don’t arrive on time, contacting the insurance adjuster or having an attorney do so can prompt the insurer to issue the payments. The insurance company could be subject to paying penalty benefits up to 50% for late checks.

4. Reaching Maximum Medical Improvement (MMI)
    - A physician might determine that the employee has reached MMI, common in cases like spinal cord injuries, where the condition has plateaued and additional improvement is unlikely. However, ongoing treatment might still be necessary.

5. Permanent Disability Benefits
    - The availability of benefits depends on the nature of the injury. For instance, if an individual has a permanent impairment, healing period benefits could be accessible during recovery. Once a doctor concludes that significant improvement is unlikely and releases the worker, healing period benefits cease, and permanent disability benefits might begin. If they are cleared to work despite a permanent disability, they might qualify for permanent partial disability (PPD) benefits. Alternatively, if the physician deems they are unable to return to work at all, permanent total disability (PTD) benefits could be applicable.

How to Obtain Video Footage of Your Accident

To get your employer to release video footage of your accident, you should ask your attorney to file a formal discovery request with the employer. According to Iowa Code §85.27, the employer must release the footage upon request.

1. Legal Requirements for Video Footage
    - In October 2012, the Iowa Workers' Compensation Commissioner made significant decisions regarding the disclosure of surveillance materials. Previously, employers could make video footage available after a claimant gave their deposition. Now, Iowa §85.27(2) stipulates: “Any employee, employer, or insurance carrier making or defending a claim for benefits agrees to the release of all information to which the employee, employer, or carrier has access concerning the employee's physical or mental condition relative to the claim and further waives any privilege for the release of the information.” This includes any surveillance videos the employer may have taken.

2. Summary of Legalities
    - Employers must produce surveillance materials in response to discovery requests.
    - Employers cannot withhold materials until after the worker’s deposition.
    - Surveillance materials must be produced within 20 days after a request under §85.27.
    - The employer can request an order to prevent discovery and release of the video if it’s irrelevant.

3. Using Video and Other Evidence
    - Video footage can serve as excellent evidence to support a workers' compensation claim. Additionally, other types of evidence can strengthen the case, such as:
        - Employment history to demonstrate work ethic and previous employability
        - Witness testimonies from co-workers
        - Medical records to show a lack of preexisting conditions
        - Expert testimonies from accident recreation specialists
        - Occupational Safety and Health Administration (OSHA) violations
        - Photos of workplace hazards

4. Warning: Video Evidence is a Two-Way Street
    - Just as employees can use video to support their case, employers can use surveillance videos to discredit claims. For instance, if the employer takes video of you walking to and from your car with ease, they might argue you aren’t as injured as claimed. Such videos can be taken out of context, so it’s crucial to have your attorney review all videos and represent the facts clearly to the courts.

Seeing Your Own Doctor After a Work Injury in Iowa

If you experience a work injury, you have the right to see your own doctor, but there are significant caveats in Iowa Workers' Compensation. Your employer and their insurance carrier typically only pay for medical care approved or authorized by them.

1. Employer's Choice of Medical Care
    - According to Iowa workers' comp laws, the employer has the right to choose the medical care you receive. If you are not satisfied with the care or have concerns with the treatment, you should discuss this with your employer. Only in certain circumstances can an employee request alternative care. If denied, an appeal to the workers' compensation commissioner might be necessary.

2. Impairment Ratings and Alternative Care
    - If you receive an impairment rating that you believe is too low, you have the right to see another doctor at the employer’s expense, though of their choosing.

3. Filing a Petition for Alternate Medical Care
    - If you are not satisfied with the level of medical care, you may need to file a petition to receive alternate medical care. This process requires a judge to allow you to see a doctor of your choosing and still have it covered by workers' comp. A qualified workers' compensation attorney can assist in this challenging process.

4. Refusing Recommended Care
    - You have the right to refuse medical care. For instance, if the company doctor recommends a hip replacement and you do not want surgery, you can refuse. However, this could negatively impact your workers' compensation claim, so it’s important to discuss with an experienced attorney before refusing any medical treatment.

Understanding these aspects of workers' compensation can help you navigate the complexities of your claim and ensure you receive the benefits you deserve.

Getting Legal Assistance In Colfax

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 Colfax 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.