Manchester Workers Compensation Attorneys

Legal challenges after a workplace injury can be intimidating. Our workers' compensation attorneys are here to help. With steadfast dedication and specialized expertise, our team stands up for the rights of injured workers. We work meticulously to secure fair treatment and rightful compensation, allowing you to focus on your recovery.

Navigating Iowa Workers' Compensation: Seeing Your Own Doctor and Understanding Your Rights

In Iowa, navigating workers' compensation after experiencing a work injury can be complex. While you technically have the right to see your own doctor, significant caveats exist. Understanding these nuances is crucial to ensuring you receive the appropriate medical care and compensation.

Seeing Your Own Doctor: The Caveats

When you suffer a work injury, your employer and their insurance carrier typically dictate the medical care you receive. They usually only cover medical treatments authorized by them, which often means care from a physician of their choosing. It's vital to consult with your company's representative before seeking treatment from your own doctor. Additionally, your health insurance provider may reject claims related to work injuries, as Iowa Workers' Compensation should cover these costs.

Employer's Right to Choose Medical Care

Under Iowa workers' compensation laws, your employer has the right to choose your medical care. If you are dissatisfied with the care provided, discuss your concerns with your employer. In certain situations, you may request alternative care, but this can be denied by your employer or their insurance carrier. If your request is denied, you can appeal to the workers' compensation commissioner.

If you receive an impairment rating you believe is too low, you have the right to a second opinion at the employer’s expense, but the doctor will still be of their choosing.

Filing a Petition for Alternate Medical Care

If you are unhappy with the medical care offered by your employer's doctor, you may need to file a petition for alternate medical care. This legal process allows a judge to decide if you can see a doctor of your choosing while still being covered by workers' compensation. This process can be challenging and often requires the assistance of a qualified workers' compensation attorney.

Refusing Recommended Medical Care

You have the right to refuse medical procedures or treatments recommended by the company doctor. For example, if a hip replacement is suggested and you do not want surgery, you can refuse. However, refusing recommended care can negatively impact your workers' compensation claim, so it's crucial to consult with an experienced workers' compensation attorney before making such decisions.

Compensation for Work-Related Injuries

The compensation you receive for a work-related injury, such as a back injury, depends on various factors. If you have a permanent injury, you may be entitled to a percentage of 500 weeks of benefits unless you are permanently and totally disabled, in which case you could receive lifetime benefits. Key factors in assessing your industrial disability include:

- Permanent injury and functional impairment rating
- Type and number of surgeries required
- Duration of work absence
- Permanent work restrictions
- Use of assistive devices
- Current symptoms and their impact on your ability to work
- Future medical care needs
- Employment status and earnings post-injury
- Age, education, and other health conditions

When settling your case, these factors help estimate your industrial disability percentage, which determines your permanent partial disability (PPD) benefits. For example, a 30% industrial disability results in 150 weeks of PPD benefits (30% of 500 weeks). The weekly rate is crucial, as it significantly affects the total compensation amount.

Pain and Suffering in Iowa Workers' Compensation

In Iowa, workers' compensation does not directly cover pain and suffering. The system provides benefits in three main areas:

1. Medical care and treatment
2. Weekly payments for lost wages until you reach maximum medical improvement (MMI)
3. Compensation for permanent work injuries

Scheduled member injuries (e.g., injuries to hands, arms, legs) and unscheduled injuries (e.g., back, neck) are compensated differently. While pain and suffering are not compensated directly, there may be other avenues for compensation, such as claims against a negligent third party or gross negligence by a co-employee.

Medical Benefits and Pain Treatment

Iowa Workers' Compensation Law Section 85.27 requires employers to pay for all reasonable and necessary medical care, including pain treatment if deemed necessary by a medical professional. If your employer's chosen doctor does not recommend pain treatment and you believe it is necessary, you can request alternative care or apply to the workers' compensation commissioner if your request is denied.

Denial of Pain Treatment

If your request for pain treatment is denied, you have the right to advocate for your needs. Seeking the assistance of a workers' compensation attorney can help ensure you receive the treatment and benefits you are entitled to under the law.

Getting Legal Assistance In Manchester

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 Manchester 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.