Maquoketa Workers Compensation Attorneys

Facing legal challenges following a workplace injury can be intimidating. Our workers' compensation attorneys are here to assist. With steadfast dedication and 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.

Can You Work with a Bulging Disc?

Bulging and herniated discs are common spinal issues. It's possible to have a bulging disc without experiencing any pain or symptoms, known as asymptomatic cases. However, when a bulging disc causes pain that radiates into your arms, hands, legs, or feet, it indicates a more severe problem that can lead to permanent disability if not addressed. Here's a comprehensive guide on managing work with a bulging disc, understanding your rights to compensation, and the importance of establishing causation in workers' compensation claims.

Working with a Bulging Disc

A bulging disc occurs when a spongy disc between the vertebrae becomes damaged, potentially breaking open or bulging out and pressing on spinal nerves. If you're experiencing pain, it's crucial to seek immediate medical attention. Common symptoms of a problematic bulging disc include:

- Pain spreading to the buttocks, hips, legs, shoulders, or arms.
- Weakness and numbness accompanying the pain.
- Discomfort that worsens over time and with activities like lifting, bending, walking, extended sitting, standing, or during nighttime.

To manage these symptoms, doctors may recommend treatments such as anti-inflammatory medications, epidural injections, or surgery. 

Compensation for a Back Injury at Work

Determining the compensation for a work-related back injury involves multiple factors, particularly if the injury is permanent. Generally, compensation for a permanent injury is a percentage of 500 weeks of benefits unless classified as a permanent total disability, which entitles you to lifetime benefits. Key considerations include:

- Permanent Injury: Is there a functional impairment rating?
- Surgery: What type of surgery was required, and how many?
- Work Absence: Duration of time off work post-injury.
- Work Restrictions: Permanent restrictions due to the injury.
- Assistive Devices: Need for a cane, brace, etc.
- Current Symptoms: Impact on earning capacity.
- Future Medical Care: Expected ongoing treatments.
- Employment Status: Return to the same job and salary, termination, or job search efforts.
- Personal Factors: Age, education, learning disabilities, language proficiency, and other health conditions.

The compensation judge will evaluate these factors to determine your industrial disability percentage. For instance, a 30% industrial disability equates to 150 weeks of permanent partial disability (PPD) benefits, calculated as 30% of 500 weeks.

Accurate weekly rates are crucial for determining total compensation. Factors influencing your weekly rate include:

- Average Weekly Wage: Calculated over the 13 weeks before the injury, including hours worked, hourly wages, bonuses, and tips.
- Marital Status and Dependents: Number of dependents claimed on tax returns and additional dependents if over age 65.

Establishing Causation

Causation is a critical element in workers' compensation claims, determining whether the injury or illness was work-related. Without establishing causation, employers may deny benefits, leaving workers to cover medical costs independently. Here’s how to navigate causation:

- Proving Causation: Easier with traumatic injuries backed by witness reports; harder with conditions like herniated discs or certain illnesses that develop over time.
- Medical Reports: Essential for establishing causation, detailing when and how the workplace injury occurred, resulting conditions, and why these are not independent of the workplace accident.

When causation is established, the employer is liable for medical and disability benefits as per Iowa's workers' compensation laws. 

Epidural Injections for Back Pain

Heavy lifting at work can lead to back injuries requiring epidural injections. These injections should be covered by workers' compensation. If coverage is denied, you can appeal to the Iowa Workers’ Compensation Commissioner (IWCC). 

- Understanding Epidural Injections: These involve injecting corticosteroids into the epidural space around the spinal cord to reduce swelling and pain, treating conditions like disc herniations, spinal stenosis, and spondylolysis.
- Complications: Discuss potential risks with your doctor, including bleeding, infection, nerve damage, and dural punctures.

Time Limitations for Filing Claims

Adhering to Iowa's deadlines is crucial for securing workers' compensation benefits:

- Reporting Injury: Report within 90 days as per Iowa Code Section 85.23.
- Filing a Petition: Generally required within two years of the injury date, with possible extensions to three years if receiving weekly benefits.
- Post-Approval Deadlines: File claims for entitled disability benefits within two years of the injury date or three years from the last benefit check.

Getting Legal Assistance In Maquoketa

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 Maquoketa 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.