Spirit Lake Workers Compensation Attorneys

Facing legal complexities after a workplace injury can be daunting. Our workers' compensation attorneys are here to support you. With relentless dedication and specialized knowledge, our team is devoted to advocating for injured workers' rights. We ensure fair treatment and deserved compensation, so you can concentrate on healing.

Can My Employer Force Me to Return to Work after Surgery Caused by a Work Injury?

The answer to this question depends upon several factors, including the restrictions your surgeon has given you. If the treating authorized surgeon says you are not able to work, then "no," you should not be forced to return to work. Instead, you should receive weekly workers' compensation benefits, provided the insurance company has admitted that your work injury is related to your work activities.

If your doctor says you can return to work with restrictions (e.g., light duty work restrictions such as lifting up to 25 pounds), then "yes," you should contact your employer and provide them with a copy of your work restrictions. Make it clear that you are ready, willing, and able to work within these restrictions. If your employer offers you work, you need to at least try to do the job. Keep a copy of your work restrictions with you and show your employer written proof if asked to work outside of those restrictions. If you have difficulties working within your restrictions, notify your employer and contact your surgeon. Your doctor can change your restrictions if necessary.

If your employer does not offer you work, then you or your work injury attorney should contact the insurance company to notify them that you should be receiving weekly temporary total disability (TTD) benefits, as the employer does not have work within your restrictions.

If your employer offers you work and you decide not to try it, several negative consequences could occur, such as:
1. You will likely not receive weekly workers' compensation benefits.
2. You may be fired from your job.
3. You may be denied unemployment benefits for refusing suitable work.
4. The value of your workers' comp case may be significantly reduced for failing to accept the work offered.

As you can see, "no," you cannot be forced to return to work, but there are consequences if you do not comply with your restrictions, which could result in no income, denial of unemployment benefits, and damage to your case.

What If I Get Fired While on Workers Comp?

This is a common concern and can be a very stressful aspect of a work injury case. If you get fired while on workers' comp, the reason for your termination is crucial. If you were fired for not showing up to work without a doctor's excuse, this can negatively impact your workers' comp case. If you were fired because your employer could not accommodate your permanent work restrictions, this might benefit your case, and you may have additional legal remedies.

Your employer can fire you while you are receiving workers' comp because you are an employee at will under Iowa law, meaning you can be fired for any reason or no reason at all. However, protections under the Family Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), or a union collective bargaining agreement may apply, potentially allowing you to get your job back or seek additional damages.

Terminated Because of Work Injury

Employers might fire an injured worker immediately after the injury, while they are off work healing, or once they reach maximum medical improvement (MMI) and receive permanent work restrictions. You should provide your employer with your permanent work restrictions and ask for work. If offered a job within your restrictions, you must try to do it, as refusing work can harm your workers' compensation case.

Terminated for Other Reasons

Employers may claim various reasons unrelated to the work injury for firing an injured worker, such as not doing the job properly, being late, or committing employment misconduct. Just because an employer claims a non-injury-related reason doesn't mean it's true. If fired, consider filing for unemployment benefits, but this process is complex and requires careful navigation.

Filing for Unemployment

Understanding the unemployment system is crucial. Here are some general guidelines:

1. Ready, Willing, and Able to Work: You must certify that there is work you can do in the open labor market, not necessarily your old job.
2. Work Credits: You need enough quarterly work credits to qualify. If off work for three or more quarters due to injury, ensure Iowa Workforce considers the correct time frame.
3. Timing: You cannot receive both TTD benefits and unemployment simultaneously. Filing for unemployment too early can waste potential benefits.

What Iowa Workers Need to Know About Complex Regional Pain Syndrome

A work injury in Iowa could lead to complex regional pain syndrome (CRPS), characterized by severe pain, swelling, and sensitivity to touch, often in the arms or legs.

Symptoms of Complex Regional Pain Syndrome

CRPS symptoms include:
- Burning pain in the hand, arm, foot, or leg
- Skin sensitivity
- Changes in skin texture, color, and temperature
- Tender skin
- Nail and hair growth changes
- Stiff, swollen, or damaged joints
- Muscle spasms, weakness, and loss of muscle mass
- Decreased ability to move the affected body part

The symptoms vary with the severity of the condition. Initial symptoms include redness, swelling, hypersensitivity, and temperature changes. As CRPS progresses, the affected limb may become pale and cold, and the condition is often irreversible at this stage.

Causes of Complex Regional Pain Syndrome

There are two types of CRPS:
- Type 1: Also known as reflex sympathetic dystrophy syndrome, it occurs after an injury without direct nerve damage.
- Type 2: Known as causalgia, it involves a distinct nerve injury.

CRPS often follows forceful trauma, such as a shrapnel blast, or other injuries like a sprained ankle or broken bone. Discuss the circumstances of your initial work injury with an Iowa Workers' Compensation lawyer.

Treatment for Complex Regional Pain Syndrome

Treatment includes medication and therapies such as:
- Heat and Cold Therapy: To relieve sweating, swelling, and cold skin.
- Physical Therapy: Gentle exercises to improve strength and range of motion.
- Spinal Cord Stimulation: Electrical currents sent to the spinal cord to alleviate pain.

Untreated CRPS can lead to complications like muscle loss and contractures, where the hand or foot contracts into a fixed position.

Long-term Prognosis

Rehabilitation often includes medication for pain management, muscle inflammation, and depression. Blocking or removing sympathetic nerves has mixed results. There is no single protocol for CRPS treatment, requiring constant management. CRPS can gradually improve over time, with better recovery rates in children and young adults. Older adults may experience slower or incomplete recovery, sometimes permanently.

In conclusion, navigating workers' compensation, unemployment, and CRPS treatment can be complex. Consulting with an experienced workers' compensation lawyer can help you understand your rights and maximize your benefits.

Getting Legal Assistance In Spirit Lake

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 Spirit Lake 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.