DeWitt Workers Compensation Attorneys

Legal issues following a workplace injury can be intimidating. Our workers' compensation attorneys are here to guide you. With steadfast dedication and expertise, our team fights for the rights of injured workers. We work diligently to secure fair treatment and rightful compensation, allowing you to focus on your recovery.

Understanding Workers' Compensation: Key Issues and Rights

Can My Employer Force Me to Return to Work after Surgery Caused by a Work Injury?

The answer to this question depends on several factors, including your surgeon's recommendations and the status of your workers' compensation claim. If your treating authorized surgeon says you cannot work, then you should not be forced to return to work. Instead, you should receive weekly workers' compensation benefits as long as the insurance company acknowledges that your work injury is related to your work activities.

If your doctor allows you to return to work with restrictions (e.g., lifting up to 25 pounds), you should inform your employer and provide a copy of your work restrictions. Make it clear that you are ready, willing, and able to work within those restrictions. If your employer offers you work, you need to attempt the job. Keep a copy of your work restrictions and show it to your employer if you are asked to work outside those limitations. If you experience difficulties, notify your employer and contact your surgeon. Your doctor can adjust your restrictions if necessary.

If your employer does not offer you work, notify the insurance company to ensure you receive temporary total disability (TTD) benefits. Refusing to try the work offered could result in losing workers' compensation benefits, being fired, or being denied unemployment. Additionally, it may reduce the value of your workers' compensation case.

What If I Get Fired While on Workers' Comp?

Being fired while on workers' comp is a concerning issue. The reason for your termination is crucial. If you are fired for not showing up to work without a doctor's excuse, it negatively impacts your workers' comp case. However, if you are fired because your employer cannot accommodate your permanent work restrictions, this can strengthen your case, and you may have additional remedies.

In Iowa, employees can be fired while receiving workers' comp benefits as they are considered employees at will. However, protections under the Family Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), or union agreements might apply. These laws do not prevent termination but may provide a path to reclaim your job or receive damages.

Terminated Due to Work Injury: Employers might fire injured workers at various stages, such as immediately after the injury for a safety violation or after using up FMLA time. If you are given permanent work restrictions at maximum medical improvement (MMI) and fired, you should provide your employer with your restrictions and seek work within those limits. Refusing to attempt offered work can harm your workers' compensation case significantly.

Terminated for Other Reasons: Employers may try to justify firing an injured worker for reasons unrelated to the work injury, such as poor performance or misconduct. If fired, consider filing for unemployment. 

Filing for Unemployment: To qualify, you must be ready, willing, and able to work, even if not in your previous job. You need sufficient work credits, and if off work for an extended period due to injury, you may need to provide additional documentation to Iowa Workforce.

What Iowa Workers Need to Know About Complex Regional Pain Syndrome

A work injury in Iowa could lead to complex regional pain syndrome (CRPS), characterized by severe pain, swelling, and sensitivity to touch, usually in the arms or legs. 

Symptoms of CRPS: Include burning pain, skin sensitivity, changes in skin texture, color, and temperature, tender skin, nail and hair growth changes, stiff and swollen joints, muscle spasms, and decreased mobility.

Causes of CRPS: There are two types. Type 1 occurs without direct nerve damage, often after minor injuries. Type 2 involves distinct nerve injury, typically after forceful trauma. Discussing the circumstances of your initial work injury with a workers' compensation lawyer is essential.

Treatment for CRPS: Includes medication, heat and cold therapy, physical therapy, and spinal cord stimulation. Without treatment, complications like muscle loss and contractures may occur. Rehabilitation and constant management are often necessary, and the prognosis varies, with younger patients typically recovering better.

Shoulder Impingement Syndrome and Workers' Compensation

Shoulder Impingement: Commonly caused by repetitive lifting or overhead activities, leading to pain when performing such tasks. Treatments include anti-inflammatory drugs, physical therapy, and possibly surgery. Workers’ compensation covers these medical treatments.

Disability Benefits: Workers may be entitled to temporary total disability benefits if unable to work. If able to return to work with restrictions, they may receive temporary partial disability benefits. A permanent impairment rating might apply to permanent partial disability benefits.

Challenges: Disagreements between employees and doctors on the extent of the injury are common. Employers may choose biased doctors. Employees can file a petition for alternate medical treatment or request another medical exam if they disagree with the impairment rating.

Light Duty or Reduced Workload after a Workers' Comp Claim

Light Duty: Employees can return to work with modified duties that meet the doctor’s restrictions, such as lighter lifting or alternate tasks like inventorying supplies or answering calls. This helps the employer continue operations while the employee heals.

Work Restrictions: Determined by the treating physician and must be communicated to the employer. Employees must accept light duty tasks or reduced workload or risk losing workers' comp benefits. If no suitable work is available, employees are entitled to temporary total disability benefits.

Temporary Partial Disability Benefits: Available if working with restrictions. The rate is just under 67 percent of the difference between pre-injury earnings and actual earnings while working a lower-paying job due to restrictions.

Iowan's Right to Seek Alternative Medical Care

Iowa law allows employees to seek medical treatment on their own, usually at their own expense unless they win a petition for alternate medical care. Employees can file for alternate care if they believe the provided treatment is inadequate.

Independent Medical Examination (IME): After receiving an impairment rating, employees have the right to a second opinion with a doctor of their choice. The insurance company must pay for this one-time IME. Choosing the right IME doctor is crucial, as their opinion can significantly impact your case.

Additional Medical Care: If the IME doctor recommends further treatment, employees can use the alternate medical care process to compel the insurance company to provide it.

Understanding these aspects of workers' compensation can help injured workers navigate their claims and protect their rights effectively. Seeking legal advice is often beneficial to ensure proper handling of complex cases and to maximize compensation.

Getting Legal Assistance In DeWitt

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 DeWitt 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.