Kalona Workers Compensation Attorneys

Legal obstacles following a workplace injury can be daunting. Our workers' compensation attorneys are here to help. With unwavering dedication and specialized knowledge, our team is devoted to advocating for injured workers' rights. We ensure fair treatment and deserved compensation, so you can concentrate on healing.

Proving Chronic Pain from Work Tasks: A Comprehensive Guide

Proving that your chronic pain is caused by work tasks involves careful documentation, gathering supportive evidence, and collaborating with a lawyer to argue your case. Chronic pain, though subjective and challenging to prove, is a real and often debilitating condition.

Causes of Chronic Pain

Chronic pain can result from numerous conditions, many of which may be work-related. These causes include:

- Repetitive movements
- Overuse injuries
- On-the-job accidents
- A combination of these factors

For instance, a slip and fall accident at work might cause damage to a worker’s back, leading to chronic pain. The American Chronic Pain Association lists nearly 100 conditions that can cause pain, many of which are invisible and difficult to prove, such as:

- Fibromyalgia
- Pinched nerves
- Herniated discs
- Facet syndrome
- Carpal tunnel syndrome
- Myofascial pain syndrome (MPS)
- Stress and post-traumatic stress disorder
- Neuropathy

Proving a Workers’ Compensation Case

Successfully proving that a pain condition warrants workers’ compensation benefits is challenging. Employers and their insurance companies are cautious about fraudulent claims, which is understandable. To ensure the integrity of the workers' compensation system, only true work-related conditions should be compensable. If you are experiencing debilitating chronic pain attributed to your job, here’s how to prove it:

1. Documentation: Maintain a pain journal to document your pain levels and how they affect your daily activities and work duties.
2. Expert Testimonies: Secure testimonies from medical experts to prove your condition and explain how it relates to your work tasks.
3. Medical Records: Keep thorough records of your medical appointments. Regular visits to doctors and specialists show your dedication to diagnosis and treatment, making your claim more credible.

If Your Claim is Denied

Living with work-related chronic pain can be a daily struggle. If you are physically incapable of performing your job duties or if the pain requires frequent breaks, you should be entitled to workers’ compensation. If your claim is wrongly denied, it’s crucial to consult with a lawyer to explore your options and potentially appeal the decision.

Drunk Driving Statistics in Iowa and the United States

How Common is Drunk Driving?

Drunk driving remains a significant issue in Iowa and across the United States. Nationally, the FBI’s Uniform Crime Report indicated that in 2012, there were 10,845 driving under the influence arrests in Iowa, including 134 arrests of minors. Nationwide, 987,224 drivers were arrested for driving under the influence in 2012. 

A Centers for Disease Control and Prevention (CDC) report estimated that U.S. adults drove approximately 112 million times under the influence of alcohol in 2010, which is about 300,000 instances per day.

Drunk Driving-related Accident Statistics

Drunk driving is a leading cause of fatal accidents. In Iowa, there were 92 alcohol-impaired driving fatalities in 2012, accounting for 25 percent of all driving fatalities. Nationwide, 10,322 people died in drunk driving accidents in 2012, making up 31 percent of all traffic fatalities. Even non-fatal accidents can result in serious injuries.

Demographics of Drunk Driving Accidents

According to a 2012 National Highway Traffic Safety Administration (NHTSA) report:

- The highest percentage of drivers involved in fatal crashes with a BAC of .08 or higher were aged 21-24 (32 percent), followed by those aged 25-34 (29 percent) and 35-44 (25 percent).
- More men (7,905) than women (1,588) involved in fatal crashes had a BAC of .08 or higher, accounting for 24 percent of men and 14 percent of women.
- Among vehicle types, 27 percent of motorcyclists involved in fatal accidents had BACs of .08 or higher, followed by 23 percent of passenger car drivers and 22 percent of light truck drivers.

Legal Options for Victims of Drunk Driving

Victims of drunk driving accidents can file a personal injury case against the driver to recover damages. To win, plaintiffs need to prove the other driver’s negligence caused the accident and injuries. Drunk drivers are generally considered negligent, making it easier to prove liability. Consult with a lawyer about gathering evidence of impairment to support your case.

Workers’ Comp and Doctor Releases

When a doctor releases an injured worker, it can affect the continuation of workers’ compensation benefits. The outcome depends on whether the employee is released to regular job duties, light-duty work, or has reached maximum medical improvement (MMI).

Designated as Healed

If the injury or illness heals, the employee can return to regular duties, and payments stop. For instance, a delivery truck driver with a broken arm and leg from an accident can resume work once healed.

Put on Job Restriction

If released with restrictions, job responsibilities might be adjusted, and payments may continue during ongoing treatment. If the employee does not adhere to work restrictions, payments could stop. For example, declining light-duty assignments could impact benefits.

Adapting to Changing Work Circumstances

If an injury results in lower wages, temporary total disability (TTD) benefits may transition to temporary partial disability (TPD) benefits, which pay two-thirds of the wage difference. TTD checks should be received weekly, and late payments can incur penalty benefits up to 50 percent.

Maximum Medical Improvement

When a worker reaches MMI, additional improvement is unlikely, but ongoing treatment might be necessary. Benefit availability depends on the injury's nature. Permanent impairments may qualify for permanent partial disability (PPD) or permanent total disability (PTD) benefits, depending on the severity and impact on work ability.

Getting Legal Assistance In Kalona

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 Kalona 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.