- Story City Workers Compensation Attorneys
- Phone: 641-792-3595
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Navigating legal issues after a workplace injury can be daunting. Our workers' compensation attorneys are here to support you. With relentless dedication and specialized knowledge, our team fights for the rights of injured workers. We work diligently to secure fair treatment and deserved compensation, allowing you to focus on your recovery.
Understanding Your Rights and Processes in Iowa Workers’ Compensation Claims
When injured on the job in Iowa, navigating the workers' compensation system can be daunting. Understanding your rights, particularly regarding alternative medical care, impairment ratings, and the extent of coverage for procedures and surgeries, is crucial to securing the benefits you deserve.
Seeking Alternative Medical Care
Under Iowa law, injured workers have the right to seek their own medical treatment. However, these expenses are typically out-of-pocket unless a petition for alternate medical care is successfully filed. The process of filing such a petition involves specific requirements, and it is often advisable to seek assistance from a qualified Iowa workers’ compensation attorney.
If the insurance company provides medical care, it is crucial to fully cooperate with the treatment offered. If their doctors conclude that no further care is necessary, but you believe additional treatment would help, a petition for alternate medical care may be appropriate. This petition seeks to compel the insurance company to cover further recommended treatments.
As an alternative to this process, once the company doctor has provided a permanent impairment rating, you have the right to a second opinion, or Independent Medical Examination (IME), under Iowa Code § 85.39. The insurance company must pay for a one-time IME with a doctor of your choice. Choosing the right doctor for your IME is critical, as their evaluation can significantly impact your medical care and compensation. Good IME doctors should provide an unbiased opinion, and consulting with an experienced attorney can help you select the best option.
The insurance company should cover expenses related to the IME, including roundtrip mileage, missed work time, and fees associated with the examination and any recommended testing. If the IME doctor suggests additional treatment, you can use this recommendation in the alternative medical care process to seek further benefits.
Impairment Ratings in Workers' Compensation
An impairment rating is a critical component in determining the compensation for a work-related injury. This rating assesses the severity of the impairment and its impact on the worker’s ability to perform their job. Medical professionals use the American Medical Association's Guides to the Evaluation of Permanent Impairment to assign these ratings.
Impairment is defined as the loss of ability to use bones, muscles, joints, limbs, ligaments, tendons, or control the spinal cord, brain, and peripheral nerves as effectively as before the injury. Doctors will evaluate patients through various tests and consider how the impairment affects activities of daily living (ADL), such as personal hygiene, communication, physical activity, and more.
The impairment rating will influence the compensation amount, especially considering the nature of the job. For physically demanding roles, a higher impairment rating can significantly impact job performance, whereas, for sedentary jobs, the impact might be less pronounced.
Coverage for Multiple Procedures and Surgeries
Workers' compensation coverage for procedures and surgeries is not unlimited. The extent of coverage depends on the injury and the treatments recommended by doctors. A statute of limitations governs how long treatment can be provided. For instance, chiropractic visits might be covered until the worker can return to work, even if at a diminished capacity, but not indefinitely.
Iowa workers' compensation laws require proof to justify multiple surgeries or procedures. The employer’s insurance company typically has the final say, based on evaluations by their chosen physicians. However, disputes can arise, especially when expensive or numerous procedures are necessary.
Denied Claims and Legal Recourse
Not all workers' compensation claims are accepted. Many are denied, often leading to significant legal battles. An example involves a woman whose claim for multiple surgeries due to Thoracic Outlet Syndrome was denied. Her employer’s insurance company likely denied the claim due to the high cost of the necessary surgeries. Despite the denial, the woman continues to fight for her rights, highlighting the importance of legal support in these cases.
Combating a denied claim can be emotionally and physically taxing. It is essential to seek the advice of a workers' compensation attorney who can guide you through the appeals process and help secure the medical treatment and compensation you deserve.
Getting Legal Assistance In Story City
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 Story City 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.