Jesup Workers Compensation Attorneys

Facing legal obstacles after a workplace injury can be overwhelming. Our workers' compensation attorneys are here to guide you. With relentless dedication and expert knowledge, our team is committed to advocating for injured workers' rights. We ensure fair treatment and proper compensation, so you can concentrate on getting better.

Do Workers Compensation Benefits Stop at 65?

In Iowa, work comp benefits do not automatically stop when you reach age 65. However, keep in mind that there are a few different types of benefits and they work differently. There are temporary benefits referred to as TTD (temporary total disability), permanent benefits called PPD (permanent partial disability), and medical benefits which include paying for the entire cost of the medical care you are provided at the insurance company's discretion, plus your mileage and time you miss from work that you are not paid for. Also, keep in mind that the receipt of Social Security benefits can have a big impact on benefits paid up until the time that you reach your full retirement age discussed more below.

Benefit Types:

TTD

These are paid to an injured worker regardless of age when after a work injury they are taken off work by the authorized treating physician or given work restrictions that the employer cannot accommodate. These are paid until the injured worker reaches MMI (maximum medical improvement) or otherwise known as you are as good as you are likely to get from the doctor's standpoint.

PPD

These benefits are paid based upon your impairment rating in scheduled member only cases or your industrial disability in other cases. You are paid a number of weeks of benefits which can extend past age 65. The number of weeks you will be paid depends upon the type of injury you sustained, your functional impairment rating under the AMA Guides and in some cases your age, education, loss of actual earnings, along with many other factors. One of the biggest factors in how much you will be paid is if you have a scheduled member injury (arm, hand, leg, foot, eye, etc.) or an unscheduled (also known as an industrial injury like a back, neck, hip, CRPS, certain injuries around the "shoulder" joint, etc.).

Medical Benefits

If you were injured at work then technically you have lifetime medical benefits in addition to what they paid you for weekly benefits. This is assuming that you did not "settle" your case which another topic in itself. Also, oftentimes insurance companies will end up denying medical care and treatment for things such as:
1. You no longer work for the employer;
2. They can blame arthritis for your ongoing problems instead of the work injury; and/or
3. They just don't want to spend any more money on your medical care.

Social Security Benefits

If you are receiving SSI (supplemental security income) then any compensation that you receive in wages or a workers' compensation check will reduce your benefits. Whereas, if you receive SSDI (Social Security Disability) there will be an offset evaluation done in order to determine what, if any, amount your monthly Social Security disability payment are reduced by. The SSA (Social Security Administration) only allows you to make up to 80% of your highest year earnings in the 5 years prior to your work injury.

Why Causation is Such an Important Aspect of Your Workers’ Compensation Claim

An Iowa worker injured on the job should file a workers’ compensation claim for benefits. However, filing a claim alone is often not enough to yield benefits; rather, an injured employee must establish causation. Causation refers to the fact that the injury or illness was caused by a workplace accident or work-related task and not something else.

The Importance of Causation:

Causation may just be the most important element in a workers’ compensation claim because it determines who is liable for the injury. If causation cannot be established, then an employer may deny workers’ compensation benefits, resulting in the worker having to pay for medical costs out of pocket.

How to Establish Causation:

With some injuries, particularly traumatic injuries, causation is easy to prove, and witness reports often back up the causation claim. With other injuries, like herniated disc injuries, which often develop over time, or certain cancers/illnesses, causation can be much harder to prove. Usually, causation can be established with a report from your doctor or the medical professional overseeing your workplace injury and workers’ compensation claim.

What types of benefits are awarded when causation is established?

If it can be proven that a work-related task was the cause of injury or illness, then the employer will be liable for paying medical benefits and disability benefits, per the Iowa Division of Workers’ Compensation’s laws.

Calcaneus Fracture Work Injury & Workers’ Compensation

A calcaneus fracture (heel bone fracture) can be a serious injury that may result in disability. Many times it's accompanied by other injuries such as fractures to the hip or spine. When it's a work injury, it could allow for recovery of workers' compensation benefits.

Causes and Symptoms of a Calcaneus Fracture:

This type of fracture has two common causes, both involving a high-impact collision. One common cause is a car accident, like a delivery person injured in a head-on crash. Another common cause is when someone falls from an elevated surface. An example is a construction worker who loses balance on an elevated platform, falls and lands on his/her feet.

Symptoms of a calcaneal fracture include:

- Swelling
- Pain
- Bruising
- Deformed heel
- Unable to put weight on heel
- Unable to walk

Severity of a Calcaneus Fracture Impacts Treatment and Recovery:

Depending on the extent of force placed on the heel, it could cause a minor, moderate, or severe fracture. The least serious is a stable fracture, which oftentimes heals by immobilizing it with a brace. With this kind of fracture, the ends of the fractured bones align correctly and remain in place while healing. A more serious type is a displaced fracture, where the broken ends of the bones don't line up. It may require surgery to put them back together, which may involve using screws and metal plates to hold the bones in place during the healing process.

An open (or compound) fracture is another serious type where the bone actually penetrates the skin. This open wound increases the risk of infection. It oftentimes means injuries to not only the bones but internal soft tissue such as ligaments, muscles, and/or tendons. This usually requires immediate surgery and may take longer to heal. With a closed fracture, the bone doesn't pierce through the skin. But there may still be damage to internal soft tissue. Surgical treatment may still be necessary.

The most unstable type is a comminuted fracture. It's a result of bone(s) shattering into three or more pieces. Piecing the bones back together in surgery could be more complicated. Whatever the type of fracture, the patient will have to stay off his/her foot for a period of time. This could be a few weeks or even longer, depending on the severity and treatment plan. And in some cases, there could be permanent loss of function.

With or without surgery, most people with a calcaneus fracture undergo rehab. Of course, it can take longer for those with more serious injuries to complete rehabilitation and fully recover. Special exercises focus on strengthening muscles and improving range of motion.

Recovery also depends on any complications that may occur, such as the wound taking longer to heal or there's tendon irritation because of the screws used in surgery. Some patients experience ongoing problems with joint stiffness and chronic pain even after the fracture has healed. A more permanent type of injury may be an altered gait.

Getting Legal Assistance In Jesup

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 Jesup 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.