Corning Workers Compensation Attorneys

Navigating legal issues after a workplace injury can be daunting. Our workers' compensation attorneys are here to help. With unwavering dedication and specialized expertise, our team is committed to advocating for the rights of injured workers. We ensure you receive fair treatment and proper compensation, allowing you to focus on recovery.

Can I Reopen an Old Workers’ Compensation Claim if My Injury has Worsened?

Reopening an old workers' compensation claim can be a complex process, especially if your injury has worsened over time. Understanding the different types of settlements and the legal requirements for reopening a case is crucial. This article explores the key considerations, including types of settlements, time limitations, and how to document the worsening of your condition.

Have You Settled Your Case Properly?

The first step in determining if you can reopen your workers' compensation claim is to identify whether you "settled" your case and, if so, what type of settlement was agreed upon. There are three basic types of settlements:

1. Agreement for Settlement: Also known as an "open file," this is the only type of settlement that can be reopened.
2. Agreement for Settlement with Full Commutation: This involves a lump-sum payment in exchange for closing the file, which means no further medical care or benefits, and you give up the right to reopen your case.
3. Compromise Settlement: Similar to a full commutation, this also involves a lump-sum payment and closes the file, preventing future claims related to the injury.

To successfully reopen an agreement for settlement, you must prove one or more of the following:

1. A worsening of your physical condition.
2. A reduction in your earning capacity.
3. A temporary disability developing into a permanent disability.
4. A critical fact existed but was unknown or could not have been discovered at the time of the original settlement.
5. A scheduled member injury causing an industrial disability.

Common scenarios for reopening a case include a worker being fired after an employer can no longer accommodate permanent work restrictions or an initial injury leading to secondary issues, such as a foot injury causing back pain due to an altered gait.

Documenting the Worsening of Your Condition

Documentation by medical professionals is essential to prove the worsening of your condition. This may involve additional medical examinations and an independent medical examination (IME) with a doctor of your choice. Evidence can include:

- Increased impairment rating.
- Additional work restrictions.
- Need for more medical care, possibly including surgery.

These cases can be challenging, as judges may be reluctant to hear the same case multiple times. It's crucial to gather substantial medical evidence to support your claim.

What if I Cashed the Workers' Comp Checks?

If you have not signed any settlement paperwork but have cashed the checks from the insurance company, you have not settled your case. However, the statute of limitations, which can be as short as two years, still applies. It's advisable to seek legal advice from a qualified workers' compensation attorney to determine if you may be owed additional compensation.

What if I Did Not Settle but Had a Trial Instead?

If you went to trial and received an arbitration decision, it is effectively the same as an agreement for settlement. You can reopen your case if you file a petition for review-reopening within the required time frame and meet the legal criteria mentioned earlier.

Have You Waited Too Long?

In Iowa, to successfully file a review-opening petition, it must be done within three years of the last payment of workers' compensation indemnity benefits, such as TTD, TPD, or PPD. This deadline is strict, with few exceptions, so prompt action is essential if you believe you qualify for a review-reopening.

How Do My Medical Providers Get Paid for Work Comp in Iowa?

Iowa is an employer-choice state, meaning employers and their insurance companies choose the medical providers for injured workers. These chosen providers' medical bills should be paid by the workers' compensation insurance. The key points for medical providers are:

1. Ensure they are authorized by the workers' compensation insurance company.
2. Obtain written authorization and approval for medical care and treatment.

Even authorized providers may face reduced payments after an audit by the insurance company. Billing the injured worker for the difference is not allowed under Iowa law. Disputes over charges should be handled between the provider and the insurance company, not involving the injured worker.

What if My Claim is Denied?

If your workers' compensation claim is denied, you should receive a denial letter. In such cases, your health insurance should cover the medical expenses according to Iowa Code § 85.38(2)(a). The injured worker’s health insurance cannot deny payment for medical services on the basis that the workers' compensation claim is unresolved.

Are Bulging Discs Work-Related?

Bulging discs are a common work-related injury. To receive workers' compensation benefits, the injury must be linked to a workplace accident or repetitive work tasks.

Symptoms Indicating a Bulging Disc

A bulging disc occurs when a disc between vertebrae is damaged, potentially pressing on spinal nerves. Common symptoms include:

- Pain in the lower back, buttocks, hips, legs, shoulders, or arms.
- Weakness and numbness.
- Pain worsening with lifting, bending, walking, extended sitting, standing, or at night.

Causes and Impact on Workers’ Comp Claims

A bulging disc can result from a specific workplace accident or repetitive tasks. Proper lifting techniques are crucial, as improper lifting can lead to such injuries. Age can be a factor, but the injury must have occurred during work activities to qualify for workers' comp.

Steps to Take for a Bulging Disc Workers’ Compensation Claim

1. Get evaluated and diagnosed promptly.
2. Inform your employer and/or insurer.
3. File a workers’ comp claim.

If approved, benefits may include lifetime medical costs and disability benefits. Permanent impairment can lead to permanent partial disability (PPD) benefits. Disability benefits depend on factors such as impairment rating, age, and earning capacity.

Getting Legal Assistance In Corning

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 Corning 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.