Prairie City Workers Compensation Attorneys

Legal complexities after a workplace injury can be intimidating. Our workers' compensation attorneys are here to support you. With relentless dedication and specialized knowledge, our team is devoted to advocating for the rights of injured workers. We ensure you receive fair treatment and the compensation you deserve, allowing you to focus on healing.

Can I Reopen an Old Workers’ Compensation Claim if My Injury has Worsened?

Navigating the complexities of workers' compensation claims can be challenging, especially if your injury has worsened over time. This comprehensive guide will help you understand when and how you can reopen an old workers' compensation claim, the types of settlements, the implications of settling or going to trial, and your rights to seek alternative medical care under Iowa law.

Have You Settled Your Case Properly?

The ability to reopen your workers' compensation claim largely depends on how your case was settled. There are three basic types of settlements in workers' compensation cases:

1. Agreement for Settlement: This type of settlement allows for the possibility of reopening the case, also known as an "open file."
2. Agreement for Settlement with Full Commutation: This involves a lump-sum payment and results in a "closed file," meaning your medical care ends, your benefits end, and you give up your right to reopen your case.
3. Compromise Settlement: Similar to full commutation, this also typically results in a closed file.

Reopening an Agreement for Settlement

To successfully reopen an agreement for settlement, you must prove one or more of the following:
- A worsening of your physical condition.
- A reduction in your earning capacity.
- A temporary disability that has developed into a permanent disability.
- The existence of a critical fact that was unknown or could not have been discovered with reasonable diligence at the time of the original settlement.
- A scheduled member injury that later causes an industrial disability.

Common scenarios for reopening a case include the development of permanent work restrictions that an employer can no longer accommodate, leading to job loss, or the development of secondary conditions (e.g., back or hip pain from an altered gait due to a foot or knee injury).

Documentation and Medical Evidence

Worsening of your medical condition must be documented by doctors. This often involves additional medical examinations and an independent medical examination (IME) with a doctor of your choice. Evidence can include an increase in your impairment rating, additional work restrictions, or further medical care such as surgery. Note that reopening cases can be difficult, as judges may be reluctant to hear the same case multiple times.

What if I Cashed the Workers' Comp Checks?

If you have cashed the checks from the insurance company but have not signed any settlement paperwork, you have not settled your case. However, the statute of limitations still applies, so you should seek the advice of a qualified workers' compensation attorney to determine if you are owed additional compensation.

What if I Did Not Settle but Had a Trial Instead?

Going to trial and receiving an arbitration decision is effectively the same as an agreement for settlement. You can reopen your case if you file a petition for review-reopening within the statutory deadlines and meet the legal requirements.

Have You Waited Too Long?

In Iowa, to successfully bring a review-reopening petition, it must be filed within three years of your last payment of workers' compensation indemnity benefits (such as TTD, TPD, or PPD). This period is known as the statute of limitations. If you believe you qualify for a review-reopening, you should immediately contact an experienced Iowa workers' compensation attorney.

Pars Defect & Workers’ Comp: Proving Job-Related and Collecting Benefits

Pars defect or pars fracture is a specific type of spinal injury that can be work-related. This injury involves a stress fracture in the pars interarticularis of the lumbar spine and can lead to a condition called spondylolisthesis if both sides are affected.

Symptoms and Diagnosis

Common symptoms include pain and stiffness in the lower back, sometimes accompanied by pins and needles in a leg, which may cause weakness or numbness. Symptoms generally worsen with activity and improve with rest. Diagnosis typically involves a physical examination and a CT scan.

Treatment and Filing a Claim

Initial treatment is conservative, involving rest, wearing a back brace, and physical therapy. Surgery, such as a laminectomy or posterior lumbar fusion, may be necessary if conservative treatments fail. To file a workers' compensation claim, you must establish that the injury arose out of your employment, supported by medical records and documentation of job tasks.

Iowan's Right to Seek Alternative Medical Care

Under Iowa law, you have the right to seek medical treatment on your own, but usually at your own expense unless you win a petition for alternate medical care. If the insurance company's doctors cannot offer further medical care, you can see a doctor who recommends additional treatment and file a petition for alternate medical care.

Independent Medical Examination (IME)

You are entitled to a second opinion with a doctor of your choice after the company's doctor has evaluated you for a permanent impairment rating. The insurance company must pay for this IME, including associated costs. Choosing the right IME doctor is crucial as it can significantly impact your medical care and the compensation you receive.

Tips for an IME

1. Choose a reputable doctor for the IME, as some doctors may favor insurance companies.
2. Ensure the insurance company covers your roundtrip mileage, missed work time, and fees for the examination and any recommended testing.
3. If the IME doctor recommends additional medical care, proceed with the alternative medical care process to secure the necessary treatment.

By understanding the intricacies of reopening a workers' compensation claim, documenting your medical condition, and utilizing your rights under Iowa law, you can better navigate the process and ensure you receive the compensation and care you deserve.

Getting Legal Assistance In Prairie City

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 Prairie City 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.