Durant Workers Compensation Attorneys

Legal hurdles following a workplace injury can be intimidating. Our workers' compensation attorneys are here to assist. With relentless dedication and specialized knowledge, our team fights for injured workers' rights. We work diligently to secure fair treatment and the compensation you deserve, letting you concentrate on healing.

When Should I Hire a Workers' Comp Attorney?

First of all, you do not need to get a work comp lawyer for every Iowa work injury. Here are some examples of work injuries where you probably do not need to hire a lawyer:

1. You are hurt but do not miss any work, your medical bills are paid, and you make a full recovery.
2. You are hurt, miss a few weeks of work, your medical bills are paid, but make a full recovery and return to your same job.

However, there are definitely some cases in which you will want an experienced Iowa work comp lawyer to help you through the process, protect your rights, and ensure you receive the compensation you deserve. These cases include:

1. You sustain a serious work injury that requires surgery, time off work, and leaves you with permanent problems and/or permanent restrictions.
2. You are hurt at work and subsequently fired by your employer.
3. Your work injury results in permanent work restrictions that your employer is unable or unwilling to accommodate, resulting in your job loss.
4. You are injured due to the negligence of another person who does not work for the same employer. For example, you are driving a company car when another driver runs a red light and hits your vehicle. This involves a personal injury claim, workers' compensation, and subrogation, and navigating this without an attorney is challenging.
5. You sustain a permanent work injury and are given a functional impairment rating that you do not agree with.

If the insurance company is paying your medical bills, providing you with good medical care, paying for your mileage, and you generally are having no problems, you probably do not need to rush to hire an attorney. However, if you are likely to end up with some permanent problems, if they are delaying or denying your medical care, or if your checks are being sent late, then it is probably time to contact an experienced work comp lawyer.

How Do I Get My Employer to Release Video Footage of My Accident to Use as Evidence in My Claim?

The way to get your employer to release video footage of your accident is straightforward: 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.

What the Law Says About Video Footage in the Workplace

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. That is no longer the case.

Iowa §85.27(2) is clear: “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.”

“All” information includes any surveillance videos the employer may have taken. If you believe your accident was caught on video, inform your attorney so they can request or subpoena it.

A Summary of the Legalities Surrounding Requesting Video

The Commissioner decided the following regarding videos in workers’ compensation cases:
- Employers are required to produce surveillance materials in response to discovery requests.
- Employers cannot withhold materials until after the worker’s deposition.
- Surveillance materials are to be produced upon request. If the employee makes a request under §85.27, the employer must produce the materials within 20 days after filing an answer.
- The employer has the right to ask the Commissioner for an order to prevent discovery and release of the video if it’s irrelevant.

Using Video and Other Resources to Prove Your Claim

If your accident was captured on video, it can serve as excellent evidence to support your workers' compensation claim. However, it’s still important to gather other evidence that might support your case, such as:
- Your employment history (to demonstrate your work ethic and previous employability).
- Witness testimonies from co-workers.
- Your medical records (to show a lack of preexisting conditions).
- Expert testimonies from field experts such as accident recreation specialists.
- Any Occupational Safety and Health Administration (OSHA) violations.
- Photos of workplace hazards.

Warning: It’s a Two-Way Street

Just as employees can use video to support their case, so can employers. They may use surveillance videos to discredit your claim. For instance, if the employer takes video of you walking to and from your car with relative ease, they might argue you aren’t as injured as you claim.

Unfortunately, a lot of such videos are taken out of context. For example, you might be able to walk only after taking pain medication. These videos don’t always show the entire story. If your injury is legitimate, losing your case because of misconstrued evidence would be a travesty. Your attorney will review all videos and represent the facts clearly to the courts so your claim isn’t wrongly rejected.

Workers' Compensation for a Fractured Toe at Work

A fractured toe is often a minor injury, and workers who sustain this type of injury on the job may not know whether workers' compensation insurance will pay for medical and disability expenses. If the broken toe injury was a direct result of a workplace accident, workers' compensation should provide compensation.

Causes and Symptoms of a Broken Toe

A toe is made up of as many as three bones. Trauma to one of these bones can result in a fracture. Typically, a fractured toe occurs when a worker drops a heavy object on their foot or slams the front of their foot into a solid object. For workers in industries involving heavy objects, such as construction, a broken toe injury is common. Injured workers need to prove that the injury is work-related.

Symptoms of a fractured toe commonly include pain, swelling, bruising, and stiffness. A doctor may diagnose a broken toe through a physical exam or imaging (such as x-rays).

Treatment for a Broken Toe

Some broken toe injuries can be corrected with self-care at home. For minor injuries, taping the injured toe to an adjacent toe and wearing a stiff-bottomed shoe is recommended. For more serious injuries, a medical professional may suggest splinting the toe, especially if the big toe is injured. In severe cases, surgery may be necessary, where a surgeon uses pins or screws to realign and hold the broken bones in place.

Most broken toe injuries heal within six weeks or less. If the injury prevents the employee from working during this period, they may qualify for work injury compensation through workers' compensation.

Medical and Disability Benefits for a Fractured Toe

When a broken toe occurs, the injured worker may need medical care to diagnose and treat the injury. Both the appointment with the doctor and subsequent treatment can be expensive. If the injury happened while performing a work-related task, workers' compensation should cover all necessary and reasonable medical expenses. If unsatisfied with the care provided, the worker can request alternative care.

In addition to medical benefits, if a worker misses more than three days of work due to a work-related injury, they may qualify for disability benefits. These benefits equal 80 percent of the employee’s wage if they cannot return to work in any capacity. If the employee can return to a lesser-paying job, they are eligible for temporary partial disability, equal to two-thirds of the difference between their weekly earnings at the time of injury and their actual earnings in the lesser-paying position.

Getting Legal Assistance In Durant

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 Durant 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.