Hudson Workers Compensation Attorneys

A workplace injury can upend a Hudson worker's life in an instant, whether it happens on a first day on the job or after years of repetitive strain. Understanding how Iowa's workers' compensation system works, who is covered, and what treatments and benefits may be available is essential to protecting your future. The team at Walker, Billingsley & Bair has spent years helping Hudson workers understand their rights after an on the job injury, and this guide breaks down some of the most important issues injured workers face.

Herniated Discs: A Common and Serious Work Injury

There are many activities that can contribute to a herniated disc. Repetitive motions can cause stress on the low back or neck, which may lead to a herniated disc. Other causes include heavy strain, increased pressure on the lower back or neck, or a twisting movement. These motions are common across many Hudson work environments, from construction to manufacturing, and workers who perform these tasks daily may be at risk for this type of injury.

The bones in your back are padded by small spongy discs that act like shock absorbers for the spine and keep you flexible. If one of them becomes injured, it may swell or break open, which is called a herniated disc.

How the Pain Presents

Workers with physically demanding jobs face the greatest risk for a herniated disc. Repetitive lifting, pulling, twisting, and pushing are all factors that could contribute to this injury. As the disc puts pressure on nerve roots, symptoms may become evident in different ways. If the herniated disc is in the lower back, a Hudson worker will feel pain in the buttocks, leg, and thigh, a condition known as sciatica, which is one of the most telltale symptoms of a herniated disc. The pain might even extend into part of the foot. If the herniated disc is in the neck, pain may radiate into the shoulder and arm, and coughing or sneezing can cause the pain to shoot down the arm or leg.

Tingling or numbness may appear in the body part most closely connected to the damaged nerve, and muscles tied to the affected nerve may weaken, which can cause a person to trip, fall, or struggle to lift or hold items. If the herniated disc is not pressing on a nerve root, a worker might not feel pain at all, or might only experience a backache. Since a herniated disc can be very painful with symptoms that last weeks or months, seeking medical treatment as soon as possible is important.

Treatment Options for Herniated Discs

The good news for Hudson workers is that most disc injuries respond well to conservative, non-invasive treatments. After diagnosis, a doctor may recommend treatments such as prescription medications, including anti-inflammatories, steroids, pain medications, and muscle relaxants, along with manual traction, physical therapy, reduced activity, and spinal injections to treat pain.

When conservative methods fail, doctors may recommend surgery. Some of the surgical options used for bulging discs include discectomies, microdiscectomies, laminotomies, laminectomies, and fusions. While these procedures can benefit some patients, they are not always effective and may require additional surgeries down the road.

What Workers' Compensation May Pay

A properly filed workers' comp claim may pay for medical expenses, mileage and gas to approved workers' compensation physicians, and lost wages. If a Hudson worker suspects a torn or herniated disc, the first step is to notify the employer right away, since there are strict time limits regarding when an accident must be reported. Waiting too long to file an accident report can result in a denied claim.

The next step is to see a doctor immediately. This matters for the worker's health as well as the strength of the workers' comp claim, since documentation of the injury and its prognosis will be important to the case. A seemingly minor injury can develop into something far more serious, so any workplace injury should be treated as though it could have lasting consequences. Keeping a notebook with dated entries describing symptoms and how the injury happened can help chronicle the case and support a claim later on.

Workers' Compensation Coverage for New Employees and Trainees

Not every worker in the Hudson employed workforce is automatically covered by workers' compensation insurance, and distinguishing whether an employee in training is covered can be complex. Under Iowa workers' compensation law, Section 85.1 lists several categories of workers who are exempt from workers' compensation benefits.

Based on these exemptions, a Hudson employee in training may not be covered by workers' compensation insurance if any of the listed criteria apply. For workers who are covered, Iowa Code 85.36 explains how compensation is calculated for new staff or trainees who have not worked more than 13 weeks for the employer at the time of injury. Their gross weekly earnings are computed by determining the total amount of money the employee would have earned had he or she been employed, then dividing that amount by 13.

If the employee was an apprentice or trainee at the time of injury, and wages were expected to increase had the employee not missed work because of the workplace injury, that fact may be considered when calculating the worker's weekly earnings under the code. Interpreting this part of Iowa's workers' compensation code isn't always straightforward, which is why a new employee or trainee injured on the job in Hudson needs a legal representative who can explain whether they are covered and how their benefits should be calculated.

Rhizotomy Procedures and Workers' Compensation Coverage

Labor-intensive industries like construction and manufacturing may put Hudson workers at risk of serious back injuries. Back problems like facet joint syndrome, osteoarthritis in the spine, and spondylosis can cause pain and limitations that keep workers away from the job as they recover. Workers' compensation can provide disability benefits if a back problem leads to lost wages, and it can also cover medical treatments like rhizotomy procedures used to treat the injury.

Recovery and Considerations

Rhizotomy surgery is typically an in-patient procedure that warrants at least one overnight hospital stay, and patients often begin physical therapy soon after the operation. Pain medication is frequently used to manage post-operative discomfort. As with any surgical procedure, there are risks involved, including nerve damage and sensation loss or alteration, and a Hudson worker should discuss these concerns with the medical team before moving forward. A facet rhizotomy performed with a radiofrequency probe, on the other hand, is often an outpatient procedure that does not require an overnight stay.

Proving Your Injury Is Work-Related

To establish eligibility for workers' compensation benefits, a Hudson worker must first prove the injury is work related. Compensable injuries include those caused by a work condition, a pre-existing condition aggravated by the work environment, or illnesses that resulted from the work environment. Facet joint syndrome and spinal arthritis can arise from work conditions such as repetitive movement in the workplace or an accident that injures the back. Employment records, medical records, doctor's testimony, and other paperwork can all help prove that an injury is compensable.

It is important to remember that an employer is generally allowed to choose the medical care provider when a Hudson worker is hurt on the job and pursuing workers' comp. Before undergoing any procedure, it is critical to make sure the employer-chosen doctor has approved it, since undergoing a procedure or receiving care without approval may result in the treatment not being covered.