Red Oak Workers Compensation Attorneys

Legal complexities following a workplace injury can be daunting. Our workers' compensation attorneys are here to support you. With steadfast dedication and specialized expertise, our team is devoted to advocating for injured workers' rights. We ensure fair treatment and proper compensation, so you can concentrate on healing.

How Long Can You Be Out On Workers' Compensation?

Unlike some states, Iowa does not impose a strict limit on the amount of time you can be off work while receiving workers' compensation benefits. In some states, workers' compensation benefits are capped at 12, 18, or 24 months. However, in Iowa, as long as you are receiving medical care that improves your condition and have not reached Maximum Medical Improvement (MMI), you can continue to receive weekly Temporary Total Disability (TTD) benefits.

Job Protection and Workers' Compensation

Family Medical Leave Act (FMLA) and Job Protection

While receiving workers' compensation benefits, your job is not necessarily protected. If you qualify for the Family Medical Leave Act (FMLA), your employer can run your FMLA time concurrently with your workers' compensation leave. FMLA generally provides up to 12 weeks of leave. If you miss more than 12 weeks, your employer may terminate your employment. Additional protections might be available under other state and federal laws, such as the Americans with Disabilities Act (ADA) or through your union if you have one.

Qualifying for FMLA

To be eligible for FMLA leave, you must:

- Work for a covered employer (employers with 50 or more employees each working day during at least 20 calendar weeks in the current or preceding calendar year).
- Have worked for that employer for at least 12 months.
- Have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave.

If you meet these requirements, your job should be protected for up to 12 weeks.

After Completing Medical Care

Termination After Medical Care

If you are fired during or after completing medical care for your workers' compensation claim, it is crucial to consult a qualified work injury attorney. They can help explain the process, protect your rights, and seek the compensation you deserve.

Filing for Unemployment

If you are no longer receiving TTD benefits and have been fired, it may be in your best interest to file for unemployment. However, keep in mind that you cannot receive TTD and unemployment benefits simultaneously. Additionally, you must be ready, willing, and able to perform some type of work to qualify for unemployment benefits. 

If you have missed three or more quarters of work and received TTD during that time, the unemployment office should substitute those quarters with the ones prior to your work injury. If you are denied unemployment, promptly call a work comp attorney who can assist you with your unemployment case.

Applying for Social Security Disability (SSDI)

Deciding whether to apply for SSDI depends on various factors, including your age, the severity of your injuries, and your job search efforts. Here are a few considerations:

1. **Perception of Motivation**: Filing for SSDI too soon may negatively impact the value of your workers' compensation case, as it might be perceived as a lack of motivation to return to work.
2. **Duration of SSDI Process**: The SSDI process can take several years to get a hearing before an administrative law judge.
3. **Age Considerations**: It is generally more challenging to obtain SSDI if you are under 55 years old.

Annular Tears and Workers' Compensation

Understanding Annular Tears

Annular tears are injuries to the intervertebral discs in the neck and back. These tears can be caused by general aging, everyday activities, or trauma such as overuse at work or a sudden accident. Types of annular tears include:

- **Concentric Tears**: Typically caused by injury, these appear between the annulus fibrosus layers circumferentially.
- **Rim Lesions**: Commonly caused by injury or bone spurs, occurring in the outer layers of the discs.
- **Radial Tears**: Often attributed to aging, these start in the center of the disc and extend through the outer layers.

Proving Work-Related Annular Tears

To qualify for workers' compensation benefits for an annular tear, you must prove that the injury is work-related. This involves demonstrating that the natural aging process is not the primary cause of your injury. Your status as an employee working in Iowa is also a key factor in eligibility.

Compensation for Annular Tears

Workers' compensation benefits for annular tears include:

- **Medical Benefits**: Coverage for medical care, treatments, reasonable lost wages for attending treatments, and necessary transportation expenses.
- **Disability Benefits**: Up to 80% of weekly spendable earnings, with maximum compensation amounts for various types of disability (PPD, TTD, TPD, HP) and death benefits.

Stopping Workers' Compensation Benefits

Workers' compensation benefits can be stopped for legitimate reasons, such as when the employee has returned to work or if the medical provider indicates that significant improvement from the injury isn’t anticipated. Iowa law requires a 30-day written notice with an explanation for stopping benefits.

Unwarranted Termination of Benefits

Benefits should not be stopped without a valid reason. Examples of unwarranted termination include employer retaliation or disputes over medical findings. If benefits are stopped unjustly, the employee may be entitled to interest or penalty benefits and should seek legal advice.

Getting Legal Assistance In Red Oak

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 Red Oak 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.