Saylorville Workers Compensation Attorneys

Legal obstacles after a workplace injury can be challenging. Our workers' compensation attorneys are here to assist. With relentless dedication and expertise, our team stands up for the rights of injured workers. We work meticulously to secure fair treatment and proper compensation, allowing you to focus on recovery.

Understanding Expert Witnesses in Workers’ Compensation Cases

An expert witness in a workers’ compensation case is a professional who possesses specialized knowledge of a subject that enables the credible analysis of evidence or relevant factors in the case. The type of expert utilized in a particular case depends largely on the circumstances and available evidence. This article explores the roles of various expert witnesses in workers' compensation cases, focusing on medical testimony, causation experts, and the legal actions workers can take after an injury.

Medical Testimony in Workers’ Compensation Cases

The outcome of a workers’ compensation claim often hinges on the accurate analysis of complex medical information. An injured worker and their attorney may call upon a medical expert witness to testify. In these cases, the employer typically chooses the employee’s medical care. However, employees can request an independent medical exam (IME) at the employer’s expense if they disagree with the employer-appointed doctor’s assessment of the injury and its resulting disability.

Employees can also request alternate care from the employer and/or insurance company if they are dissatisfied with the care provided by the employer-chosen physician. If these efforts are unsuccessful, employees may appeal to the Workers’ Compensation Commissioner. Any doctor who examines the patient can provide documentation or testimony regarding the patient's injuries, prognosis, and the necessity of future treatment. Medical experts' assessments are crucial in determining the disability and impairment level assigned to the injured worker, which significantly impacts workers’ compensation benefits.

Professionals Providing Expert Testimony on Causation

Establishing that a worker’s injury or illness is work-related is essential in workers' compensation cases. This means proving that the injury or illness was caused by workplace exposures or accidents. Even pre-existing conditions can be covered if workplace conditions worsened the condition.

Scientific experts may conduct chemical tests to examine the toxicity level of substances used at the work site, establishing that these substances:
- Caused injury;
- Aggravated an existing medical condition; and/or
- Led to a chronic condition or disease.

For example, workers exposed to asbestos might consult an expert in the field to provide testimony regarding the causation of the worker’s medical condition based on their level of exposure. Similarly, an auditory expert's testimony can help establish that workplace noise levels caused or contributed to the worker’s hearing problems.

Taking Legal Action After a Workplace Injury

Workers are entitled to workers’ compensation if they are injured on the job, regardless of fault. Workers’ compensation is generally the sole recourse against an employer. However, workers injured due to a third party’s negligence may pursue compensation through a third-party claim. In such cases, additional expert witnesses may be called upon to establish negligence. 

For instance, if machinery causes the worker’s injuries, a technical expert familiar with the equipment may testify regarding a manufacturing or design defect or the cause of a machine malfunction. 

Seeking Alternative Medical Care in Iowa

Under Iowa law, workers have the right to seek medical treatment independently, though it is usually at their own expense unless they successfully petition for alternate medical care. If the insurance company provides medical care, workers should fully cooperate with the care and treatment offered. If the employer-appointed doctors cannot offer further medical care, and the worker finds a doctor who can, the worker may file a petition for alternate medical care. This process has specific requirements, and it is advisable to seek the help of a qualified Iowa workers’ compensation attorney.

As an alternative, once the company doctor evaluates the worker for a permanent impairment rating, the worker has the right to a second opinion, known as an Independent Medical Examination (IME), with a doctor of their choice. Iowa Code § 85.39 requires the insurance company to pay for a one-time IME. Choosing the right IME doctor is crucial, as their evaluation can significantly impact both the medical care and compensation received for the work injury.

Important Information about Iowa Workers' Compensation and Impairment Ratings

Understanding Iowa’s workers’ compensation laws and how impairment ratings affect benefits is essential for injured workers. Typically, the insurance company pays the impairment rating on a weekly basis, though sometimes a one-time payment is provided, especially if a settlement has been reached.

Steps to Take After Receiving an Impairment Rating:

1. Medical Report Transmittal Form: Submit this form when providing medical information to the Iowa Division of Workers’ Compensation, especially if you suffer permanent disability or if your temporary total/partial disability extends beyond 13 weeks.
2. Disagreeing with the Rating: If you do not agree with the doctor’s impairment rating, you can request an IME with a physician of your choosing at the employer’s expense. Submit Form 100A along with the physician’s report to the employer.

Essential Points about Impairment Ratings:

- No Signing Needed: You don’t need to sign any papers to get paid for your impairment rating.
- Awareness of Entitlements: You may be entitled to more than just the impairment rating. Settling prematurely can result in significant losses.
- Lump Sum Payments: You can obtain a lump sum payment and accrued interest while retaining the ability to pursue potential future claims.
- Understand Your Case Type: Determine the type of benefits you should receive. Your case might fall under industrial disability injury or scheduled member injury, each affecting your compensation differently.

Getting Legal Assistance In Saylorville

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 Saylorville 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.