Le Claire Workers Compensation Attorneys

The legal landscape following a workplace injury can be daunting. Our workers' compensation attorneys are here to guide you. With steadfast dedication and specialized skills, our team fights for injured workers' rights. We work diligently to secure fair treatment and rightful compensation, allowing you to focus on your recovery.

What To Do If You Are Injured While Working for Amazon: A Comprehensive Guide

Amazon, one of the largest and most influential companies globally, operates extensively throughout the United States, including Iowa. With warehouses in Bondurant, distribution centers in Ankeny, Grimes, and Iowa City, and hundreds of delivery drivers employed through subcontractors like J & K Contracting, Amazon's workforce is vast and diverse. Working for Amazon, whether in a warehouse or as a delivery driver, is physically demanding and can be hazardous. Here’s what you need to know if you are injured while working for Amazon or a subcontracting company.

Reporting Your Injury

1. Notice:
Under Iowa law, you must notify your employer of a work injury within 90 days of becoming aware of it. It's best to report the injury immediately. For instance, if you develop back pain while working in the warehouse, inform your supervisor about the specific activities causing the pain (like bending or lifting boxes). Request medical care and fill out a written injury report.

If your employer ignores your injury report, send a letter or email detailing how you were injured and request medical care. Clearly link your injury to your work activities. Simply stating "my back hurts" may not suffice, and you could lose your case for failing to provide proper notice. If forced to seek medical care independently, ensure your healthcare providers know the injury is work-related.

Medical Care and Employer's Obligations

2. Medical Care:
If your employer accepts your claim and provides medical care, you must see the doctors they choose. Missing these appointments can result in several issues:

- Lack of Treatment: You won’t receive necessary medical care.
- Workers’ Compensation Checks: You won’t receive weekly compensation unless the company doctor excuses you from work. If your personal doctor excuses you, the company’s insurance may not pay benefits. However, you might have access to sick leave or short-term disability benefits.
- Forfeiture of Benefits: Refusing to see the employer’s chosen doctor can lead to the forfeiture of your weekly benefits. Even if sent for an “independent medical examination” by the company, which often aims to prove your condition isn’t work-related, missing this appointment results in the loss of benefits.

Understanding Permanent Benefits

3. Permanent Benefits:
Permanent injuries from work are common and the compensation varies based on the type of injury.

a. Unscheduled/Industrial Injuries:
These include injuries to the back, neck, spine, brain, nervous system disorders like CRPS, hip, certain shoulder injuries, and mental health issues caused by physical injuries. Compensation depends on factors like your impairment rating, age, education, work history, and earnings post-injury. Your loss of earning capacity is multiplied by 500 weeks of benefits. If your injuries prevent you from working in any capacity, you might receive permanent total disability, which provides a weekly check for life.

b. Scheduled Member Injuries:
In Iowa, injuries to specific body parts (hand, arm, leg, eye, certain shoulder injuries) are compensated based on the percentage of impairment times the weeks assigned to that body part. For example, a 10% impairment to the arm (valued at 250 weeks) results in 25 weeks of benefits. Additional compensation may apply if you qualify for the Iowa Second Injury Fund or have conditions like CRPS.

c. Iowa Second Injury Fund:
Iowa compensates workers with two scheduled member injuries through the Second Injury Fund. The first injury doesn’t need to be work-related and could be something from childhood or high school. If your current injury is a scheduled member injury, you may receive significant benefits based on your loss of earning capacity multiplied by 500 weeks.

Specific Case: Calcaneus Fracture Work Injury & Workers’ Compensation

A calcaneus (heel bone) fracture can result in disability and often accompanies other injuries like hip or spine fractures. Common causes include high-impact collisions such as car accidents or falls from elevated surfaces.

Symptoms:
- Swelling
- Pain
- Bruising
- Deformed heel
- Inability to bear weight or walk

Severity and Treatment:
Fractures vary from stable (healed with immobilization) to displaced, open, and comminuted fractures, which may require surgery and extensive rehabilitation. Recovery can include special exercises to strengthen muscles and improve range of motion. Complications like infections, tendon irritation, joint stiffness, chronic pain, or altered gait may affect recovery.

Collecting Workers' Compensation Benefits

To qualify for benefits, the injury must occur during employment. This can cover medical expenses and partial wages if you can't work temporarily. Permanent disability benefits are available for long-term disabling effects.

Time Limitations for Filing a Claim in Iowa

Reporting Your Injury:
You must report your injury to your employer within 90 days, as per Iowa Code Section 85.23. Prompt reporting helps strengthen your claim.

Filing a Petition:
You must file a petition within two years of the injury date, according to Iowa Code Section 85.26. Exceptions include a three-year extension if you received weekly benefits. Consult an attorney within the two-year timeframe to explore exemptions.

Deadlines After Approval:
Post-approval, file a claim with the Iowa Workers' Compensation Commissioner within two years if entitled to disability benefits but haven't received a check. If receiving regular benefits, file within three years of the last benefit check. Missing these deadlines can result in denial of benefits, so keep detailed records.

By understanding and adhering to these guidelines, you can ensure that you receive the appropriate benefits and compensation for your injuries while working for Amazon.

Getting Legal Assistance In Le Claire

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 Le Claire 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.