Eldridge Workers Compensation Attorneys

Legal challenges after a workplace injury can be intimidating. Our workers' compensation attorneys are here to help. With relentless dedication and expert skills, our team advocates for the rights of injured workers. We ensure fair treatment and proper compensation, so you can concentrate on healing.

Can Workers Comp Stop Payments Without Giving Me Notice?

Every year, we receive hundreds of calls from injured workers asking if their workers' comp payments can be stopped without notice. The short answer is yes; the workers' comp insurance company can stop paying your weekly checks for any reason or no reason, much like you could stop paying your bills. In Iowa, certain laws require the insurance company to provide you with 30 days' notice under specific circumstances, known as an Auxier notice. For instance, if you have returned to work and the insurance company believes they have paid you all the PPD (permanent partial disability) benefits they owe, they are supposed to send you a letter notifying you. However, in practice, they often stop or delay your weekly check without notice.

What Can You Do?

If you are not represented by an attorney, your first step should be to call the insurance adjuster to find out why you haven't received your check. Sometimes, it's a mailing delay due to a federal holiday, or the adjuster might have forgotten to process the check. Always keep a copy of the envelope and the check you receive to prove the actual mailing date. Insurance companies often claim checks were mailed on a certain date based on their system records, which might not align with the actual postmark date. 

An insurance company can be penalized up to 50% of the amount you are owed for late payments, referred to as penalty benefits. Insurance companies do not voluntarily pay these, so if your checks have stopped or are continually late, consider consulting an experienced Iowa workers' comp attorney.

Hurt Working At Amazon. What Can I Do Now?

Amazon is the largest online retailer in the world, employing thousands of new workers weekly. Drivers are sometimes hired directly by Amazon or through subcontractors like J & K Contracting. Being a driver for Amazon can be physically demanding and dangerous, especially in Iowa, where drivers must deal with snow and ice while delivering packages.

Types of Injuries Sustained by Amazon Drivers

1. Falls: These can result in broken bones, herniated discs, concussions, and other serious injuries. Falls are often caused by snow and ice or tripping over obstacles.
2. Traumatic Injuries: These occur immediately, such as lifting a heavy box and sustaining a torn rotator cuff or herniated disc. Treatment may require surgery or pain management procedures.
3. Cumulative Trauma: These injuries, also known as overuse syndrome, develop over time due to repetitive motions. They can include neck and back injuries, knee injuries from getting in and out of the van, and carpal tunnel syndrome.

Pre-existing Conditions and Denials

If your claim is denied due to a pre-existing condition, don't give up. Iowa law allows for compensation if your work aggravated or accelerated a prior condition. Even if the employer's doctor claims your condition isn't work-related, you can seek a second opinion. Denials are common, but many workers have legitimate cases worth pursuing. If your claim is denied, contact an experienced Iowa workers' compensation attorney to learn more about your rights.

Overview of Light Duty or Reduced Workload after a Workers' Comp Claim

Workers' compensation benefits in Eldridge are available to employees who become ill or injured on the job. Sometimes the injury or illness prevents the employee from working at all, but often, they can return to work with modifications to their duties.

Light Duty

One option for injured employees is light duty, where the employer provides tasks that meet the doctor’s restrictions indicated on the work status report. For example, an employee who typically works on a loading dock may be reassigned to an office job if they are restricted from lifting heavy objects.

Examples of Light Duty Jobs

- Inspections
- Inventorying supplies, parts, tools
- Replenishing supplies
- Light assembly work
- Sorting/delivering mail
- Answering/making phone calls
- Ordering supplies
- Labeling/wrapping/shipping items
- Training new employees

Reduced Workload

A reduced workload might involve performing fewer tasks or working fewer hours. For instance, an employee may work only part-time or fewer days per week.

Determining Work Restrictions

The treating physician decides if the worker needs restrictions, documented in a work status report. Employees must submit this report to their supervisor within one business day of the appointment. Failure to comply with light duty tasks or a reduced workload could lead to termination of workers' compensation benefits.

Temporary Disability Benefits

If an employer cannot provide light duty work, the employee is entitled to temporary total disability benefits. If the employee works with restrictions, they receive temporary partial disability benefits, which is a percentage of the difference between their average gross weekly earnings at the time of injury and their current earnings while working a less demanding job.

Disagreements and Documentation

If there is a disagreement about the job duties provided, workers should document it. Iowa law prohibits employers from requiring employees to perform tasks that their doctor says they shouldn't do. If an employer doesn't have suitable light duty work, the employee continues to receive benefits until they can return to work or are medically cleared for similar employment.

Getting Legal Assistance In Eldridge

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 Eldridge 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.