Estherville Workers Compensation Attorneys

The legal landscape after a workplace injury can feel overwhelming. Our workers' compensation attorneys are here to support you. With relentless dedication and expert skills, our team fights for the rights of injured workers. We work diligently to secure fair treatment and proper compensation, allowing you to focus on your recovery.

What Happens When Workers' Comp Payments Stop?

There are various reasons why your workers' compensation payments might stop, which we'll discuss later, but what should you do when they do stop?

Determine if You've Been Paid All That You're Owed

Firstly, verify if you've received all the payments you're entitled to. If you were off work for eight weeks and have fully recovered, you should be owed eight weeks of workers' compensation. However, if you were paid while off work but have a permanent injury, you might be entitled to additional benefits. Details about payment amounts can be found in our Iowa Workers' Compensation Book, which we offer at no cost to injured Iowans to help avoid costly mistakes.

Assess Your Employment Status

If you're no longer working, consider filing for unemployment benefits. Note that you cannot receive Temporary Total Disability (TTD) payments simultaneously with unemployment benefits, although you can receive Permanent Partial Disability (PPD) payments concurrently. If you're denied unemployment benefits, consult a workers' compensation attorney, who can also assist with your unemployment claim. If you're still working but have permanent injuries, an experienced Iowa workers' compensation attorney can help determine any additional benefits you might be owed.

Avoid Rushing into a Settlement

It's crucial not to rush into a settlement with the insurance company without understanding the true value of your case. If you're back to work without permanent issues, you might manage the case yourself. However, settling a case independently can be risky as insurance companies prefer "closed" files, meaning no further medical care or workers' compensation benefits even if terminated due to injuries. Remember, if you've received TTD or PPD payments, your statute of limitations generally extends to three years from the last payment date, with some exceptions.

Why Can My Workers' Comp Payments Be Stopped?

There are several reasons your benefits might have stopped:

1. Returning to Work: You have been paid your TTD payments and have returned to work.
2. Waiting for Impairment Rating: You're back to work awaiting your functional impairment rating. Since July 1, 2017, insurers can delay payments until you've reached Maximum Medical Improvement (MMI) and received an impairment rating.
3. Claim Denial: Your claim might be denied after an Independent Medical Examiner (IME) states your condition is not work-related. Sometimes insurers send records to doctors in other states for this assessment without a physical examination.
4. Completion of Payments: You've been paid TTD, and your functional impairment rating has been paid in full. Note that under section 85.39, you have the right to an IME at the insurance company's cost. However, this might only cover part of the examination costs.
5. Auxier Notice: The insurance company has sent you a termination notice as per Iowa Code § 86.13. Payments can be terminated upon your return to work or with a 30-day notice.

Workers’ Compensation Benefits in Iowa for Loss of Limb and Loss of Digit

Thousands of Iowans are injured at work annually, with many involving limb loss. There are two types of limb loss cases in workers' compensation:

1. Traumatic Amputation: Losing part or all of a limb in an accident.
2. Permanent Disability: Sustaining an injury causing permanent disability.

Under Iowa's system, benefits are categorized based on the limb affected:
- Arm: Up to 250 weeks for complete amputation.
- Hand: Up to 190 weeks for complete amputation.
- Leg: Up to 220 weeks for complete amputation.
- Foot: Up to 150 weeks for complete amputation.

Fingers and toes also have specific benefit durations based on impairment ratings.

Complex Cases and Additional Benefits

Before settling a loss of limb case, it's essential to discuss with a qualified attorney. They will inquire about:
- Prior injuries to other limbs.
- Mental health issues like depression or PTSD.
- Conditions like Complex Regional Pain Syndrome (CRPS).
- Additional injuries affecting other body parts.
- Multiple injuries to limbs that might qualify for industrial disability.

Filing a Worker’s Comp Claim for Work-Related Facet Syndrome

Facet syndrome is a painful spinal disorder often caused by wear and tear, which can be work-related.

Causes and Symptoms

Facet syndrome can result from repetitive trauma, overuse, accidents, obesity, or other spinal conditions. Symptoms include radiating pain, stiffness, headaches, and difficulty with movement.

Treatments

Treatment options range from medication and physical therapy to surgery for severe cases. Early diagnosis and treatment are crucial for managing the condition.

Proving a Claim

Proving that facet syndrome is work-related can be challenging. Employers might argue it's degenerative. Legal counsel, medical testimonies, and evidence are essential to link the condition to work duties.

Getting Legal Assistance In Estherville

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 Estherville 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.