Osceola Workers Compensation Attorneys

Navigating legal hurdles following a workplace injury can be challenging. Our workers' compensation attorneys are here to assist. With steadfast dedication and specialized expertise, our team is committed to advocating for injured workers' rights. We ensure fair treatment and rightful compensation, so you can concentrate on getting better.

Navigating Workers' Compensation and Workplace Injuries: Essential Insights

Can Workers' Comp Stop Payments Without Giving Me Notice?

Every year, we receive numerous calls from injured workers asking if their workers' comp payments can be stopped without notice. The short answer is yes; the workers' comp insurance company can halt your weekly checks for any reason or no reason at all, much like you could stop paying your bills. In Iowa, laws require the insurance company to provide you with 30 days' notice under specific circumstances, known as an Auxier notice. For example, if you have returned to work and the insurance company believes they have paid all the PPD (permanent partial disability) benefits they owe, they are supposed to send you a letter notifying you. However, in practice, they often stop or delay your weekly check without notice.

What Can You Do?

If you are not represented by an attorney, your first step should be to call the insurance adjuster to find out why you haven't received your check. Sometimes, it's a mailing delay due to a federal holiday, or the adjuster might have forgotten to process the check. Always keep a copy of the envelope and the check you receive to prove the actual mailing date. Insurance companies often claim checks were mailed on a certain date based on their system records, which might not align with the actual postmark date.

An insurance company can be penalized up to 50% of the amount you are owed for late payments, referred to as penalty benefits. Insurance companies do not voluntarily pay these, so if your checks have stopped or are continually late, consider consulting an experienced Iowa workers' comp attorney.

Injured While Working for Amazon? Here's What You Need to Know

Amazon, a global retail giant, has extensive operations throughout the United States, including Iowa. In Iowa, Amazon has opened a warehouse in Bondurant and distribution centers in Ankeny, Grimes, and Iowa City, employing thousands of people. Working in a warehouse or delivering packages for Amazon is physically demanding and can be dangerous. Here's what you should know if you are injured while working for Amazon or a subcontractor.

Notice of Injury

Under Iowa law, you must provide your employer with notice of your work injury within 90 days of when you knew or should have known about it. It’s best to report the injury as soon as you know you're hurt. For instance, if you develop back pain while working in the warehouse, inform your supervisor about the specific work activities causing the pain, request medical care, and fill out a written report of injury.

Employers sometimes ignore injured workers in hopes that they will go away. If they do not allow you to report your injury, write a letter or send an email detailing how you were injured at work and requesting medical care. Ensure your medical providers know the injury is work-related. If you tell them it happened outside of work, your case may be severely damaged.

Medical Care

If your employer accepts your claim and provides medical care, you must see the doctors they designate. Missing appointments can cause multiple issues, including not receiving treatment for your injuries, not getting a weekly workers' compensation check unless the company doctor takes you off work, and forfeiting your benefits if you refuse to see their doctor.

Permanent Benefits

No one wants to end up with a permanent injury, but they are common. Compensation varies depending on the type of injury:

- Unscheduled/Industrial Injuries: These include back, neck, spine, brain, nervous system disorders, hip, certain shoulder injuries, and mental health problems caused by a physical injury. Compensation is based on factors like impairment rating, age, education, work history, and earnings.
- Scheduled Member Injuries: Injuries to the hand, arm, leg, eye, or some shoulder injuries are compensated based on a percentage of impairment times the number of weeks assigned to that body part.
- Iowa Second Injury Fund: This fund compensates workers who have sustained two scheduled member injuries. The first injury does not have to be work-related.

Functional Capacity Evaluation (FCE)

A Functional Capacity Evaluation (FCE) measures a worker's ability to perform work-related tasks. Administered by a physical therapist, it may last up to six hours over two days. Your workers' comp doctor can order an FCE when you have reached maximum medical improvement (MMI).

Series of Tests

The FCE includes various tests to evaluate:
- Musculoskeletal abilities
- Handling repetitive motions
- Overall strength
- Material-handling frequency
- Performance of other work-related tasks

Be Honest During the FCE

Honesty is crucial during the FCE. Test administrators can detect symptom exaggeration. Overextending yourself can cause further injury, so avoid taking pain medication before the FCE unless advised by your lawyer, as it can mask your true abilities.

Second Opinion

If your doctor gives you an unfair impairment rating after the FCE, you are entitled to a second opinion, and the insurance company must pay for it.

Shoulder Replacement Surgery After a Workplace Accident

Shoulder replacement surgery might be necessary if a worker suffers a severe shoulder fracture. If conservative treatments fail, surgery may relieve pain and restore function.

Types of Shoulder Replacement Surgeries

1. Glenoid Component Implantation: Used when rotator cuff tendons are intact.
2. Stemmed Hemiarthroplasty: Replaces the ball of the humerus, suitable for severe fractures.
3. Resurfacing Hemiarthroplasty: Replaces the joint surface of the humeral head.
4. Reverse Total Shoulder Replacement: For severe arm weakness caused by torn rotator cuffs or unsuccessful prior shoulder replacement.

Workers' compensation can cover the cost of shoulder replacement surgery if the accident occurred during employment. Medical benefits cover treatment costs, while disability benefits provide a portion of lost wages. Permanent injuries may qualify for permanent partial disability benefits.

Overview of Light Duty or Reduced Workload After a Workers' Comp Claim

Workers' compensation benefits in Osceola are available for employees who become ill or injured on the job. Sometimes, the injury or illness prevents the employee from working at all, but often, they can return to work with modifications.

Light Duty

Injured employees might be offered light duty, where the employer provides tasks that meet the doctor's restrictions. Examples of light duty jobs include:
- Inspections
- Inventorying supplies
- Replenishing supplies
- Light assembly work
- Sorting/delivering mail
- Answering/making phone calls
- Ordering supplies
- Labeling/wrapping/shipping items
- Training new employees

Reduced Workload

A reduced workload could involve fewer tasks or shorter work hours.

Work Restrictions and Benefits

The treating physician determines work restrictions, documented in a work status report. Employees must submit this report to their supervisor within one business day of the appointment. Refusing light duty tasks or a reduced workload could lead to termination of workers' compensation benefits.

If an employer cannot provide light duty work, the employee is entitled to temporary total disability benefits. If working with restrictions, they receive temporary partial disability benefits, a percentage of the difference between their average weekly earnings and their current earnings in a less demanding job.

Getting Legal Assistance In Osceola

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 Osceola 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.