Solon Workers Compensation Attorneys

Legal hurdles after a workplace injury can be daunting. Our workers' compensation attorneys are here to assist. With unwavering dedication and expertise, our team is committed to protecting the rights of injured workers. We ensure fair treatment and proper compensation, so you can focus on recovery.

Understanding what happens when your workers' compensation payments stop and knowing the coverage for different injuries, including annular tears, shoulder replacement surgeries, and multiple procedures, is crucial for securing the benefits you deserve. This comprehensive guide outlines the steps to take if your workers' comp payments cease and provides insights into the coverage and compensation processes for various injuries.

What Happens When Workers' Comp Payments Stop?

Workers' compensation payments can be stopped for several reasons, and it's essential to know how to respond effectively.

1. Verify Payment Completion:
   - If you have recovered fully after an 8-week off-work period, ensure you have received all owed payments for those 8 weeks.
   - If you have a permanent injury and were paid while off work, you might be entitled to additional benefits. Consulting resources like the Iowa Workers' Compensation Book can help you understand the payments you are owed.

2. Evaluate Employment Status:
   - Not Working: Consider filing for unemployment benefits if you are not working. Remember, you cannot receive TTD (temporary total disability) payments simultaneously with unemployment benefits, but you can receive PPD (permanent partial disability).
   - Still Working: If you have permanent injuries and are still working, consult an experienced Iowa workers' compensation attorney to determine your entitlement to additional benefits.

3. Avoid Rushing into Settlements:
   - Before settling with the insurance company, understand the true value of your case. Settling without proper knowledge can result in losing further medical care and benefits. Note that receiving a check for TTD or PPD extends the statute of limitations to three years from the last payment date, but it's crucial to act promptly.

Reasons for Stopping Workers' Comp Payments

1. Return to Work:
   - Payments might stop if you have been paid your TTD benefits and are back to work.
   - If you are back at work and awaiting your functional impairment rating from the workers' compensation doctor, the insurance company can delay payments until you reach MMI (maximum medical improvement).

2. Claim Denial:
   - Your claim could be denied based on an IME (independent medical examination) stating your condition is not work-related.
   - Insurance companies might use out-of-state doctors to review your records without an examination and claim your injuries are pre-existing.

3. Paid in Full:
   - If TTD and your impairment rating have been paid in full, but you have the right to an IME at the insurance company's expense under 85.39, be cautious. Insurance companies might only pay a part of the examination cost, not covering the review of medical records.

4. Auxier Notice:
   - An Auxier notice (Iowa Code § 86.13) can terminate payments with a 30-day notice stating the reason. Non-compliance with IME appointments, refusal to return to light-duty work, termination for cause, or reaching MMI are common reasons.

Shoulder Replacement Surgery after a Workplace Accident

Severe shoulder injuries might necessitate shoulder replacement surgery if conservative treatments fail. This surgery can help restore function and relieve pain, enabling the worker to perform routine tasks.

When is Shoulder Replacement Surgery Necessary?

- Common causes include falls onto the shoulder, leading to fractures.
- Doctors may try medication, physical therapy, and cortisone injections first.
- If these treatments don't work, shoulder replacement surgery might be recommended.

Types of Shoulder Replacement Surgeries:

1. Glenoid Component Implantation: Performed when rotator cuff tendons are intact.
2. Stemmed Hemiarthroplasty: Replaces the humerus head for severe fractures or rotator cuff tears.
3. Resurfacing Hemiarthroplasty: Replaces the joint surface of the humeral head, suitable for active or younger patients.
4. Reverse Total Shoulder Replacement: Recommended for severe arm weakness due to torn rotator cuffs or previous unsuccessful surgeries.

Workers' Compensation Coverage:

- Workers' compensation benefits cover the cost of shoulder replacement and associated medical expenses if the injury occurred during employment.
- Disability benefits provide a portion of lost wages during recovery, and permanent injuries may qualify for permanent partial disability benefits based on severity.

Multiple Procedures or Surgeries and Workers' Compensation

Workers' compensation coverage for multiple procedures or surgeries varies based on the injury and medical recommendations.

Coverage for Multiple Procedures:

- Proof is crucial for getting workers' compensation to cover surgeries or procedures needed after an on-the-job injury.
- Your employer's insurance company will validate your claim through their chosen physicians.
- If multiple surgeries are required and validated, workers' compensation should cover them fully. However, denial of claims is common, and legal battles may ensue to secure necessary treatments.

Denial of Claims:

- Claims for multiple surgeries can be denied, requiring legal intervention.
- Persistence and legal support are essential to navigate denied claims and secure the medical treatment needed.

Getting Legal Assistance In Solon

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 Solon 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.