Oelwein Workers Compensation Attorneys

Legal obstacles after a workplace injury can be daunting. Our workers' compensation attorneys are here to help. With unwavering dedication and specialized knowledge, our team is devoted to advocating for injured workers' rights. We ensure fair treatment and deserved compensation, so you can concentrate on healing.

Can I Be Fired While on Light Duty?

Under Iowa law, unless you have a written employment contract, you are most likely an employee at will. This means you can be fired at any time for any reason or no reason at all. However, if you are a union member, you can file a grievance to try to get your 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 successfully get your job back by filing a complaint with the EEOC (Equal Employment Opportunity Commission) or Iowa Civil Rights Commission. 

Legal Protection and Steps to Take

It's crucial to consult with an attorney who is qualified to discuss both your workers' compensation case and any potential employment law case. If you are already represented by a workers' compensation attorney, start by talking to your current attorney.

Tips for Your Workers’ Compensation Claim

Do Not Leave Your Job Voluntarily: Under almost no circumstances should you quit your job, resign, or agree to leave your job while you have a workers' compensation claim pending. This can significantly reduce the value of your workers' compensation case, potentially disqualify you from unemployment benefits, and stop your weekly work comp checks. If your employer wants you to leave, make them fire you, as this will strengthen your claims in several ways.

Impact on Workers’ Compensation Case: Being fired while on light duty can affect your workers' compensation case. If you are fired for cause, the insurance company may deny paying you TTD (temporary total disability) benefits while you are on restrictions prior to reaching MMI (maximum medical improvement). It is common for the insurance company to initially deny these benefits until an attorney intervenes. Our firm has helped hundreds of injured workers get their TTD benefits started and also guide them on filing for unemployment if necessary.

Filing for Unemployment

You should not immediately file for unemployment if your ongoing TTD request is not granted. Filing for unemployment while receiving TTD benefits is not allowed. However, you can eventually receive unemployment and PPD (permanent partial disability) benefits if certain legal requirements are met. Our firm can help you navigate these requirements to ensure you receive both unemployment and PPD benefits. If you need assistance, contact us, and we will handle your unemployment claim without charging any fees while doing so.

What Happens When Workers' Comp Payments Stop?

There are several reasons why your workers' comp payments may stop:

1. You have been paid all the TTD payments and have returned to work.
2. You are back to work waiting on the results of your functional impairment rating from your workers' compensation doctor.
3. Your claim is now being denied.
4. You have reached MMI, and the insurance adjuster plans to pay you for another 30 days.
5. The insurance company has sent you an Auxier notice under Iowa Code § 86.13.

If your payments stop, determine if you have been paid all the payments owed. If you were off work and have made a full recovery, you should receive the weeks of workers' compensation corresponding to your time off. If you were paid while off work but have a permanent injury, you might be owed additional benefits. Consult our Iowa Workers' Compensation Book for detailed information to avoid costly mistakes.

Recovery and Compensation for Laminectomy

Back injuries, common in the workplace, may sometimes require a laminectomy. This procedure involves removing part of the vertebrae to relieve pressure on the nerves or spinal cord caused by conditions like spinal stenosis or herniated disks. 

Recovery: Recovery varies based on the surgery type, extent of damage, and any complications. Those who undergo additional procedures like spinal fusion may take longer to recover. Typically, recovery ranges from a few weeks to several months, with the ability to return to work depending on job type.

Workers’ Compensation for Laminectomy: Workers' compensation covers medical expenses for a work-related laminectomy. Disability benefits depend on injury specifics and time away from work. Workers who miss more than seven days of work qualify for TTD benefits, while those taking a lower-paying job during recovery may be eligible for TPD benefits. Permanent partial disability benefits depend on impairment ratings and other factors such as age, work experience, medical condition, functional impairment, and earning capacity.

Getting Legal Assistance In Oelwein

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 Oelwein 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.