Dike Workers Compensation Attorneys

Facing legal challenges after a workplace injury can be overwhelming. Our workers' compensation attorneys are here to help. With steadfast dedication and expert skills, our team is committed to advocating for the rights of injured workers. We ensure you receive fair treatment and rightful compensation, allowing you to focus on getting better.

Navigating the complexities of Iowa workers' compensation can be daunting, especially when dealing with injuries and understanding your rights. This guide provides an in-depth look at various aspects of Iowa workers' compensation, including the coverage for volunteers, impairment ratings, and specific conditions like facet syndrome.

Iowa Workers' Compensation for Volunteers

General Coverage

Under Iowa law, workers' compensation generally applies to individuals considered employees. However, certain volunteer roles are exceptions, as specified in Iowa Code §85.36(9)(a). This statute provides compensation for volunteer firefighters, emergency personnel, reserve police officers, ambulance drivers, and other volunteer medical personnel. 

Types of Compensation

Volunteers in the specified roles are entitled to:
- Medical care
- Medical mileage
- Compensation for time off work while healing
- Compensation for permanent injuries

The wage used to determine compensation is either the pay received at their regular job or 140% of the statewide average weekly wage, whichever is higher (typically around $1,100 gross).

Additional Covered Volunteer Roles

Other volunteer positions may also be covered under certain circumstances. For instance:
- Students in work-study programs are usually considered employees.
- Elected and appointed officials, like mayors or city council members, are considered employees.
- Inmates working in prison or at public/charitable facilities are generally considered employees of the state.

Each case depends on specific facts, and different wage laws may apply compared to the medical personnel described above.

Iowa Workers' Compensation and Impairment Ratings

Importance of Impairment Ratings

An impairment rating is crucial in determining the benefits you receive after a work-related injury in Iowa. The insurance company typically pays the impairment rating weekly, though one-time payments may occur, especially if a settlement is involved.

Steps to Take After Receiving an Impairment Rating

1. Notification: Once maximum recovery is reached, your doctor will notify the insurance company of any impairment rating. If you have a permanent impairment, you may receive permanent partial disability benefits.
   
2. Medical Report Transmittal Form: This form must be filled out and submitted to the Iowa Division of Workers’ Compensation if you suffer permanent disability or if your temporary disability extends beyond 13 weeks.

3. Disagreeing with the Rating: If you disagree with the impairment rating, you can request an independent medical examination (IME) at the employer’s expense by submitting Form 100A along with the physician’s report.

Key Points About Impairment Ratings

- No Signing Needed: You don't need to sign any papers to get paid for your impairment rating.
- Awareness of Entitlements: Settling prematurely can lead to a significant loss of benefits.
- Lump Sum Payments: You can obtain a lump sum payment and accrued interest while retaining the ability to pursue future claims.
- Understanding Case Type: Your case might fall under industrial disability injury or scheduled member injury, affecting your compensation.
- Legal Advice: Consult with an attorney to ensure you fully understand Iowa's workers' compensation laws and make informed decisions about your case.

Work-Related Facet Syndrome

Understanding Facet Syndrome

Facet syndrome is a progressive disorder of the spine, characterized by the deterioration of the cartilage on facet joints, causing significant pain and discomfort. While aging is a common cause, work-related duties can also contribute to the syndrome.

Causes and Symptoms

Causes

- Repetitive trauma or overuse injuries (e.g., frequent bending and lifting)
- Traumatic work accidents
- Obesity
- Other spinal conditions such as spondylolisthesis

Symptoms

- Radiating pain
- Headaches
- Weakness or numbness in extremities
- Tenderness and sensitivity in the spine
- Stiffness and reduced flexibility
- Difficulty with movements like bending, standing, or walking

Treatment Options

Non-Surgical

- Anti-inflammatory and pain medications
- Hot or cold packs
- Back-specific exercises and physical therapy
- Cervical traction and back braces
- Strength training and posture corrections

Surgical

- Fusion surgery
- Facet rhizotomy

Importance of Early Diagnosis

Early and proper treatment is crucial for successful recovery and preventing recurring back problems. Documenting your condition and treatments is essential for filing a workers' comp claim.

Proving a Workers' Comp Claim

Proving a claim for facet syndrome can be challenging. Employers’ insurance companies might argue the condition is degenerative and unrelated to work. Accurate medical records, professional testimonies, and legal counsel can help substantiate your claim.

Steps to Take for Filing a Workers' Comp Claim

1. Report the Injury: Timely reporting to your employer is vital.
2. File a Petition: Iowa Code Section 85.26 requires filing within 2 years of the injury date or within 3 years if you've received weekly benefits.
3. Keep Records: Maintain detailed records of your injury, treatments, and communications related to your workers' compensation claim.

How Long Can You Be Out on Workers' Comp?

Iowa does not set a limit on the duration for receiving workers' comp benefits. As long as you are receiving medical care and have not reached maximum medical improvement (MMI), you can receive temporary total disability (TTD) benefits.

Job Protection and Additional Legal Considerations

FMLA and Job Protection

If eligible for the Family Medical Leave Act (FMLA), your job is protected for up to 12 weeks. Beyond this period, your employer may terminate your employment unless additional protections apply.

Filing for Unemployment

If you are terminated after completing medical care, consider filing for unemployment. Note that you cannot receive TTD and unemployment simultaneously.

Social Security Disability (SSDI)

Deciding whether to apply for SSDI depends on several factors. Filing too soon can impact the value of your workers' compensation case.

Getting Legal Assistance In Dike

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 Dike 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.