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Navigating legal challenges after a workplace injury can be overwhelming. Our workers' compensation attorneys are here to assist. With unwavering dedication and specialized knowledge, our team is committed to fighting for the rights of injured workers. We ensure you receive fair treatment and proper compensation, allowing you to focus on recovery.
Workers' compensation claims can be complex and stressful, especially when dealing with evidence, job changes, and work restrictions. Understanding your rights and knowing when to seek legal assistance can make a significant difference in the outcome of your case. This article addresses three critical areas: obtaining video footage of your accident, handling a workers' comp case if you switch jobs, and ensuring your employer follows your work restrictions.
Obtaining Video Footage of Your Accident
If your workplace accident was captured on video, this footage could be vital evidence in your workers' compensation claim. The process to obtain this footage is straightforward but requires legal intervention.
Legal Steps to Obtain Video Footage
1. Formal Discovery Request: Your attorney can file a formal discovery request with your employer to obtain the video footage. According to Iowa Code §85.27, the employer must release the footage upon request.
2. Law Requirements: As of October 2012, the Iowa Workers' Compensation Commissioner mandates that employers must produce surveillance materials in response to discovery requests and cannot withhold them until after a worker's deposition. Surveillance materials must be provided within 20 days of a request under §85.27, unless the employer can show that the video is irrelevant.
Using Video Evidence
Video footage can significantly support your claim by providing clear evidence of the incident. However, gather additional evidence such as:
- Employment history
- Witness testimonies
- Medical records
- Expert testimonies
- OSHA violations
- Photos of workplace hazards
Caution: Employer Surveillance
Employers might use video surveillance to challenge your claim. For instance, video of you performing activities without apparent difficulty could be used to argue that your injuries are not as severe as claimed. Your attorney can help counter these tactics by contextualizing the footage and presenting the full picture of your injury and its impacts.
Handling a Workers' Comp Case When Switching Jobs
Switching jobs during an ongoing workers' compensation claim can complicate your case. Here are some important considerations:
Potential Complications
1. Blame for New Problems: If you develop new issues at your new job, the workers' comp insurance company might attribute them to your new employment, potentially denying further medical care and treatment.
2. Medical Care and Treatment: Iowa law provides lifetime medical care for work injuries, but changing jobs can lead to disputes over the cause of ongoing problems, especially if another doctor (who hasn’t examined you) claims your current issues are unrelated to the original injury.
3. Industrial Disability Analysis: The 2017 changes to Iowa’s workers' compensation laws affect how compensation is calculated if you switch jobs. For body-as-a-whole injuries, leaving your job might entitle you to an industrial disability analysis, potentially increasing your compensation, though this is not always guaranteed.
Strategic Considerations
1. Settlement Negotiations: If you have permanent work restrictions, your employer might prefer you find another job and could be willing to offer a higher settlement in exchange for a global release and mutual separation.
2. Avoid Quitting Prematurely: Quitting your job during treatment can end your temporary total disability (TTD) benefits and complicate unemployment claims, especially with recent legislative changes reducing unemployment benefits.
3. Retirement Risks: Discussing or planning retirement during an active workers' comp case can negatively impact your compensation, as retirement might be used against you in calculating benefits.
Ensuring Your Employer Follows Work Restrictions
Employers sometimes fail to adhere to prescribed work restrictions, which can endanger your health and complicate your recovery.
Steps to Take
1. Keep Documentation Handy: Always carry a copy of your work restrictions and show them to your employer if asked to perform tasks outside these limits. Inform new supervisors of your restrictions to prevent future issues.
2. Report Problems: If you experience difficulties working within your restrictions, report them to your employer and your doctor. Your doctor might need to adjust your restrictions based on your feedback.
3. New Injuries: If you sustain a new injury while working within your restrictions, report it immediately to ensure it's documented as a separate incident, rather than a continuation of your existing injury.
Getting Legal Assistance In Denver
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 Denver 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.