Montezuma Workers Compensation Attorneys

The legal landscape following a workplace injury can be challenging. Our workers' compensation attorneys are here to help. With steadfast dedication and specialized skills, our team is committed to advocating for the rights of injured workers. We ensure you receive fair treatment and rightful compensation, allowing you to focus on getting better.

Understanding Bulging Discs

Bulging discs, also known as herniated discs, are a common work-related injury. This condition occurs when a spongy disc between vertebrae is damaged, causing it to break open or bulge out, which puts pressure on the spinal cord's nerves. Workers' compensation benefits can be claimed if it is established that a single workplace accident caused the bulging disc or if it developed over time due to repetitive work-related tasks.

Symptoms That May Indicate a Bulging Disc

A bulging disc in the lower back or neck can cause pain that radiates to:

- Lower Back: Buttocks, hips, and legs.
- Neck: Shoulders and arms.

The most common symptom is pain, often accompanied by weakness and numbness. This pain usually starts as discomfort but can worsen over time, especially with activities such as:

- Lifting
- Bending
- Walking
- Extended sitting
- Standing
- Nighttime

Causes and Workers' Compensation Claims

A bulging disc can result from an accident at work, such as falling from a ladder or slipping on a floor. It can also develop from performing repetitive tasks incorrectly. Jobs that involve a lot of lifting, like those of movers or warehouse workers, can lead to herniated discs due to constant stress on the back.

Age can be a factor, with middle-aged and older individuals more prone to this type of injury. Nevertheless, to claim workers' compensation, it must be shown that the bulging disc occurred within the scope of employment due to work-related events or tasks. A notice of injury to the employer or a supervisor can help substantiate the claim if it occurred in an accident. If the injury is from repetitive tasks, a doctor's diagnosis linking it to these tasks can be crucial.

Steps to Take When Seeking Workers' Compensation

1. Medical Evaluation: Get evaluated as soon as possible to confirm the diagnosis.
2. Inform Employer/Insurer: Notify your employer and file a claim for workers' comp benefits.
3. Claim Benefits: If approved, benefits may include lifetime medical costs related to the injury and disability benefits. Permanent impairment might qualify for permanent partial disability (PPD) benefits of 80 percent of weekly spendable wages.

Back injuries are classified as "body as a whole" injuries, with disability benefits paid for a percentage of 500 weeks, based on factors such as impairment rating, age, and earning capacity.

Workers' Compensation Permanent Partial Disability (PPD)

If you suffer a permanent but not complete disability on the job, you may qualify for PPD under Iowa’s workers' compensation law. The amount and duration of benefits you’re entitled to depend on which part of your body sustained the injury.

Scheduled Member Disabilities

The Iowa Division of Workers' Compensation uses Appendix A, a list of scheduled body members, to determine a worker’s PPD benefit amount. The list provides guidelines for determining the number of weeks you’re eligible for benefits, based on what body part is permanently disabled.

Scheduled Body Members and Corresponding Weeks:

- Loss of thumb – 60 weeks
- Loss of first finger – 35 weeks
- Loss of second finger – 30 weeks
- Loss of third finger – 25 weeks
- Loss of fourth finger – 20 weeks
- Loss of hand – 190 weeks
- Loss of arm – 250 weeks
- Loss of great toe – 40 weeks
- Loss of any other toe – 15 weeks
- Loss of foot – 150 weeks
- Loss of leg – 220 weeks
- Loss of eye – 140 weeks
- Loss of hearing in one ear – 50 weeks
- Loss of hearing in both ears – 175 weeks
- Permanent disfigurement, face or head – 150 weeks
- Body as a whole/industrial disability – 500 weeks

If you lose complete function of a body part listed above, you will receive the benefits for the entire duration listed. If you lose only partial function, e.g., 50 percent of the use of your arm, you will receive workers’ comp benefits for half the allotted time, or 125 weeks.

Unscheduled Disabilities

Unlike injuries that fall under the state's schedule of benefits, unscheduled losses encompass a broader array of injuries that may affect multiple body parts or the body as a whole. Rather than using a list of members, your PPD benefits will be calculated according to the degree to which your disability affects your earning capacity. This includes injuries such as back injuries, head trauma, or psychological conditions stemming from workplace incidents.

Factors Considered for Unscheduled Disabilities:

- How the injury affected your earnings
- Your medical history
- The duration of your healing period
- Your work experience prior to the injury
- Your potential for rehabilitation
- Your qualifications, including intellectual, educational, emotional, physical, age, and motivation
- The degree of functional impairment your injury has caused
- Earnings you’ve lost as a result of changing jobs to accommodate your injury
- Your inability to do work that you’re suited to do

There isn’t a specific protocol for how each of these factors is used to determine your disability rating, which means there’s a degree of discretion on the insurer’s part. If you feel your rating is far lower than what it should be, contacting a disability attorney for help is advisable.

Challenging Your Disability Rating

If your workers’ comp claim has been denied or the doctor has given you a lower rating than you think is fair, your attorney can guide you through the negotiations and appeals process. It’s possible your lawyer can work out an agreement with your employer or insurer to obtain a fair rating and benefit.

Drunk Driving Statistics in Iowa and the United States

Statistics show that drunk driving is still a significant problem in Iowa and across the United States. The FBI’s Uniform Crime Report indicates there were 10,845 driving under the influence arrests in Iowa in 2012, including 134 arrests of minors. Nationwide, 987,224 drivers were arrested for driving under the influence in 2012.

Drunk Driving-related Accident Statistics:

- 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, accounting for 31 percent of all traffic fatalities.
- In Des Moines from 2004 to 2008, impaired driving-related crashes caused 815 injuries, including 99 major injuries.

Demographics of Drunk Driving Accidents:

- The highest percentage of drivers involved in fatal crashes with a BAC of .08 or higher were between ages 21 and 24.
- Men had higher BACs in fatal crashes than women.
- Motorcyclists had higher BACs in fatal accidents compared to drivers of passenger cars and light trucks.

Legal Options for Victims of Drunk Driving

Victims of drunk driving accidents can file a personal injury case against the driver to recover damages. Plaintiffs need to prove that the other driver was negligent and that the negligence caused the accident and injuries. Drunk drivers are almost always negligent in these cases, so talk to your lawyer about evidence of impairment.

How Medical Bills Are Paid for Iowa Workers' Comp

Iowa is an employer-choice state, meaning that the employer and/or their insurance company get to choose the medical providers that their injured workers go to. They are supposed to pay for the medical bills for the authorized medical providers. If the workers' compensation claim has been denied, the injured worker's health insurance should cover the medical care and treatment.

Authorized Providers:

- Medical providers should have written authorization for treatment from the workers’ comp insurance company.
- Insurance companies may audit and reduce payment amounts, but providers should not bill the injured worker for the difference.
- Disputes about reasonable charges can be taken before the Iowa Workers' Compensation agency.

Billing workers' compensation insurance can be frustrating, but following these guidelines can make the process smoother. If you have issues with your workers' comp claim, consult with an attorney to ensure you receive the benefits and coverage you are entitled to.

Getting Legal Assistance In Montezuma

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 Montezuma 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.