Reinbeck Workers Compensation Attorneys

The legal issues after a workplace injury can be daunting. Our workers' compensation attorneys are here to guide you. With steadfast dedication and expert skills, our team fights for injured workers' rights. We work meticulously to secure fair treatment and rightful compensation, letting you concentrate on getting better.

Navigating the complexities of Iowa workers' compensation claims can be daunting, especially when dealing with time limitations, specific injuries like bulging discs, and the intricacies of medical bill payments. This comprehensive guide will help you understand the critical aspects of Iowa workers' compensation claims to ensure you receive the benefits you deserve.

Time Limitations for Filing Workers' Compensation Claims in Iowa

Reporting Your Injury

The first critical step in an Iowa workers' compensation claim is reporting your injury to your employer. According to Iowa Code Section 85.23, you must report your injury within 90 days of realizing or when you should have realized that the injury was work-related. Immediate reporting is advisable, especially for traumatic injuries, as it strengthens your claim's credibility and increases the likelihood of receiving benefits.

Filing a Petition

The statute of limitations for filing a petition is outlined in Iowa Code Section 85.26. Generally, you must file within two years from the date of injury. Failure to file within this timeframe could result in the dismissal of your case and forfeiture of compensation. However, if you have received weekly workers' compensation benefits, the filing period may extend up to three years from the date of the last benefit check issued to you. Consulting a knowledgeable workers' compensation attorney within the two-year timeframe is essential to explore potential exemptions and protect your rights.

Deadlines After Approval

Once your claim is approved, additional deadlines must be met. If you are entitled to disability benefits but have not received a check, you must file a claim with the Iowa Workers' Compensation Commissioner within two years of the injury date. If you have been receiving regular disability benefits, you have three years from the date of your last benefit check to file a claim. Missing these deadlines can lead to a denial of benefits, highlighting the importance of keeping detailed and up-to-date records.

Are Bulging Discs Work-Related?

Bulging discs are a common type of work-related injury. To receive workers' compensation benefits, you must establish that a single event, such as a workplace accident, caused the bulging disc or that it developed over time from repetitive work-related tasks.

Symptoms and Diagnosis

A bulging disc, also referred to as a herniated disc, occurs when a spongy disc between vertebrae is damaged, potentially breaking open or bulging out and putting pressure on spinal nerves. Common symptoms include pain spreading to the buttocks, hips, legs, shoulders, or arms, depending on whether the bulging disc is in the lower back or neck. Weakness and numbness can also accompany the pain.

The condition often starts as discomfort but worsens over time, particularly with activities like lifting, bending, walking, extended sitting, or standing. It may also get worse at night.

Causes and Impact on Claims

Bulging discs can result from workplace accidents, such as a fall, or from performing repetitive tasks, especially when done incorrectly. For instance, workers who frequently lift heavy objects without proper techniques are at risk. Age can also be a contributing factor, with middle-aged and older men being more prone to such injuries.

To substantiate a claim, a notice of injury to the employer or supervisor is crucial if the injury occurred in an accident. For injuries caused by repetitive tasks, a doctor's diagnosis linking the condition to work-related activities is essential.

Steps to Take

If you suspect a bulging disc, seek medical evaluation immediately. Once diagnosed, inform your employer and/or insurer and file a claim for workers' compensation benefits. If approved, the employer’s workers' compensation insurer will cover lifetime medical costs related to the injury and disability benefits, which may include permanent partial disability (PPD) benefits of 80 percent of weekly spendable wages. Back injuries are considered industrial injuries, and disability benefits are paid for a percentage of 500 weeks, based on factors like impairment rating, age, and earning capacity.

How Medical Bills Are Paid in Iowa Workers' Compensation

Iowa is an employer choice state, meaning the employer and/or their insurance company selects the medical providers for injured workers. Consequently, these entities are responsible for paying the medical bills of the authorized providers they choose.

Authorized Providers

To ensure coverage, medical providers must be authorized by the workers' compensation insurance company. Unauthorized providers may not have their bills paid by the insurance company, potentially leaving patients responsible for the costs. In such cases, patients might need to submit bills to their health insurance or pay out-of-pocket.

Denied Claims

If a workers' compensation claim is denied, the injured worker should receive a letter stating the denial. Medical providers can request a copy of this letter for their records. Under Iowa law, if the workers' compensation claim is denied, the patient's health insurance company is required to cover the medical costs. According to Iowa Code § 85.38(2)(a), health insurance cannot deny payment based on unresolved workers' compensation liability.

Billing Issues

Even authorized providers may face challenges, such as insurance companies auditing and reducing payment amounts. Providers are prohibited from billing injured workers for the difference between the charged and paid amounts. Disputes over reasonable charges should be resolved between the medical provider and the insurance company, with the Iowa Workers' Compensation agency as the adjudicator.

Getting Legal Assistance In Reinbeck

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 Reinbeck 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.