- Lisbon Workers Compensation Attorneys
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Navigating legal issues after a workplace injury can be daunting. Our workers' compensation attorneys are here to guide you. With unwavering dedication and expert knowledge, our team fights for the rights of injured workers. We work diligently to secure fair treatment and deserved compensation, allowing you to focus on recovery.
Navigating the complexities of workers' compensation in Iowa can be daunting. This guide aims to clarify key aspects such as the possibility of being fired while on light duty, the absence of pain and suffering compensation, and what to do if injured while working for a company like Amazon. Understanding your rights and the procedures involved is crucial to ensure you receive the benefits you deserve.
Can I be Fired While on Light Duty?
In Iowa, most employees are considered "at-will," meaning they can be terminated at any time for any reason, unless they have a written employment contract. Union members may have additional protections and can file a grievance to try to get their job back. Additionally, if your employer violates employment laws such as the ADA (Americans with Disabilities Act) or FMLA (Family Medical Leave Act), you may be able to file a complaint with the EEOC (Equal Employment Opportunity Commission) or the Iowa Civil Rights Commission.
If you're fired while on light duty, it can significantly impact your workers' compensation case. It's advisable not to voluntarily leave your job while you have a pending claim, as this can reduce the value of your case and affect your eligibility for benefits such as unemployment and weekly workers' compensation checks.
What About Filing For Unemployment?
Do not immediately file for unemployment if your TTD (temporary total disability) request is not granted, as you cannot receive both TTD and unemployment benefits simultaneously. However, you may eventually qualify for unemployment and PPD (permanent partial disability) benefits if specific legal requirements are met. It's essential to consult with an attorney to navigate these requirements and maximize your compensation.
If your unemployment claim is initially denied due to insufficient work credits, an appeal may be necessary to ensure the correct quarters are considered. Obtaining unemployment benefits not only provides income for up to 26 weeks but can also increase the value of your workers' compensation case.
Do I Get Pain and Suffering in Workers' Compensation in Iowa?
In Iowa, workers' compensation does not directly cover pain and suffering. The system primarily provides three types of benefits:
1. Medical care and treatment, including mileage reimbursement to medical providers selected by your employer or their insurance company.
2. Weekly compensation during the period you are unable to work or earn less due to your injury, until you reach MMI (maximum medical improvement).
3. Permanent disability compensation, which varies depending on the nature and extent of your injury.
While there is no direct compensation for pain and suffering, certain circumstances may allow for additional claims. For example, if you were injured in a car accident while working, you might be able to seek compensation from the other driver. Similarly, in cases of gross negligence by a co-employee, there could be grounds for additional compensation.
All Medical Benefits Must Be Paid
Under Iowa Workers' Compensation Law Section 85.27, employers or their insurers must cover all reasonable and necessary medical expenses related to the injury. If pain treatment is deemed necessary by a medical professional, it should be covered. If there is a dispute over the necessity of treatment, you can request alternative care or apply to the workers' compensation commissioner for a resolution.
Hurt Working At Amazon: What Can I Do Now?
Working for Amazon or its subcontractors can be physically demanding and hazardous, particularly in Iowa's harsh weather conditions. Common injuries include falls, traumatic injuries, and cumulative trauma from repetitive tasks.
Injuries and Their Impact
- Falls: Often caused by snow, ice, or obstacles, leading to broken bones, herniated discs, and concussions.
- Traumatic Injuries: Such as torn rotator cuffs or herniated discs from lifting heavy objects, which may require surgery and extensive rehabilitation.
- Cumulative Trauma: Repetitive strain injuries from continuous physical activities, like carpal tunnel syndrome or chronic back pain.
Pre-existing Conditions and Denials
If your claim is denied due to a pre-existing condition, remember that Iowa law provides compensation if your work aggravated or accelerated the condition. It's essential to consult with an experienced workers' compensation attorney to challenge denials and ensure your rights are protected.
Dealing with Claim Denials
Many legitimate claims are initially denied by employers and insurance companies. This can be overwhelming, but it's crucial not to give up. Legal assistance can help you navigate the appeals process and fight for the compensation and medical treatment you deserve.
Getting Legal Assistance In Lisbon
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 Lisbon 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.