Mount Ayr Workers Compensation Attorneys

Facing legal obstacles following a workplace injury can be intimidating. Our workers' compensation attorneys are here to support you. With unwavering dedication and specialized expertise, our team is committed to advocating for the rights of injured workers. We ensure you receive fair treatment and proper compensation, allowing you to focus on recovery.

Navigating Iowa workers' compensation claims involves understanding critical elements such as requesting video footage of accidents, dealing with employment status while on light duty, and handling conditions like complex regional pain syndrome (CRPS). This comprehensive guide covers the essential aspects of Iowa workers' compensation claims to help you secure the benefits you deserve.

Obtaining Video Footage for Your Claim

Requesting Video Footage

To obtain video footage of your workplace accident, your attorney must file a formal discovery request with your employer, as mandated by Iowa Code §85.27. Employers must release this footage upon request.

Legal Precedents

Significant changes in October 2012 by the Iowa Workers' Compensation Commissioner clarified the disclosure of surveillance materials:
- Employers must produce surveillance materials in response to discovery requests.
- Employers cannot withhold materials until after the worker’s deposition.
- Upon a request under §85.27, employers must produce the materials within 20 days after filing an answer.
- Employers can request the Commissioner to prevent the discovery and release of irrelevant video footage.

Using Video as Evidence

Video footage can be a powerful tool in proving your workers' compensation claim. It can corroborate your account of the accident and support your case. Additional evidence can include:
- Employment history to demonstrate work ethic and previous employability.
- Witness testimonies from co-workers.
- Medical records showing a lack of preexisting conditions.
- Expert testimonies, such as from accident recreation specialists.
- Any Occupational Safety and Health Administration (OSHA) violations.
- Photos of workplace hazards.

Note: Employers may also use video footage to discredit your claim, such as by showing activities that contradict your stated injuries. Your attorney will ensure the evidence is accurately represented to prevent misconstrued interpretations.

Employment Status While on Light Duty

"At-Will" Employment and Legal Protections

In Iowa, unless you have a written employment contract, you are likely an "at-will" employee, meaning you can be fired for any reason or no reason at all. Union members can file a grievance to attempt to regain employment. If your firing violates laws such as the ADA or FMLA, you may file a complaint with the EEOC or Iowa Civil Rights Commission.

Tips for Your Workers’ Compensation Claim

1. Do Not Quit: Avoid quitting your job while you have a pending workers' compensation claim, as this can negatively impact your case and financial situation.
2. Firing While on Light Duty: If fired while on light duty, it may affect your entitlement to temporary total disability (TTD) benefits. Your attorney can assist in ensuring you continue to receive these benefits.
3. Filing for Unemployment: Do not immediately file for unemployment if TTD is denied, as you cannot receive both simultaneously. Consult your attorney to explore your options.

Note: Proper handling of unemployment claims can significantly impact the value of your workers' compensation case. Ensure your attorney is equipped to handle both workers' compensation and unemployment claims to maximize your benefits.

Understanding Complex Regional Pain Syndrome (CRPS)

Symptoms and Diagnosis

CRPS is a chronic condition that often follows a severe arm or leg injury involving nerve damage. Symptoms include:
- Burning pain in the affected limb.
- Skin sensitivity.
- Changes in skin texture, color, and temperature.
- Tender skin.
- Nail and hair growth changes.
- Swollen or stiff joints.
- Muscle spasms, weakness, and loss of muscle mass.
- Decreased mobility in the affected limb.

Types and Causes

CRPS is categorized into two types:
- Type 1 (Reflex Sympathetic Dystrophy Syndrome): Occurs without direct nerve injury.
- Type 2 (Causalgia): Involves a distinct nerve injury.

CRPS can result from forceful trauma like a shrapnel blast or other injuries such as sprains or fractures. Discussing your initial work injury with a workers' compensation lawyer is crucial to establishing the link to CRPS.

Treatment and Prognosis

Treatment options include:
- Heat and Cold Therapy: To relieve symptoms.
- Physical Therapy: Gentle exercises to improve strength and mobility.
- Spinal Cord Stimulation: Electrical currents to alleviate pain.

CRPS management often requires a combination of medication, physical therapy, and, in some cases, nerve blocks. Prognosis varies, with younger individuals often experiencing better recovery outcomes compared to older adults.

Getting Legal Assistance In Mount Ayr

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 Mount Ayr 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.