Tipton Workers Compensation Attorneys

Navigating legal complexities after a workplace injury can be challenging. Our workers' compensation attorneys are here to assist. With unwavering dedication and specialized expertise, our team stands up for injured workers' rights. We work meticulously to ensure fair treatment and proper compensation, allowing you to focus on recovery.

Navigating Workers' Compensation When Switching Jobs

Switching jobs while dealing with an ongoing workers' compensation case can be complicated. Understanding the potential implications and preparing accordingly is crucial to avoid jeopardizing your benefits and ensuring a smooth transition. This comprehensive guide covers what happens to your workers' comp case if you switch jobs, including medical care, disability analysis, settlement considerations, quitting your job, retirement, and the importance of causation in workers' compensation claims.

Impact on Your Workers' Compensation Case

If you switch jobs while still treating an injury covered by workers' compensation, your case remains open. However, this decision can create complications. For instance, if you develop additional problems at your new job, the workers' comp insurance company may blame your new employment for these issues, potentially denying further medical care and treatment. This scenario could force you to file a new claim against your new employer, complicating your recovery and benefits.

While you can technically switch jobs during a workers' comp case, it might not always be the best idea. Here are some key considerations to keep in mind:

1. Medical Care and Treatment
   Iowa law guarantees lifetime medical care for work injuries, but this isn't as straightforward as it sounds. The insurance company can obtain an opinion from another doctor who hasn't even examined you, stating that your current problems aren't related to the original work injury. This opinion gives them a legal basis to deny further care and treatment, especially if you change jobs during treatment. It's often better to wait until you've reached maximum medical improvement (MMI) and have permanent work restrictions before considering a job change.

2. Industrial Disability Analysis
   In Iowa, compensation differs significantly between scheduled member injuries (like hands, feet, arms, legs, and eyes) and industrial injuries (like back, neck, brain injuries, CRPS, and mental injuries following a physical injury). One major change in 2017 law states that regardless of the injury type, if you’re working for the same employer at the same or higher pay, your compensation is limited to the functional impairment rating by the AMA Guides.

   However, if your employment ends (voluntarily or involuntarily) with the employer where you were injured, and it's a body-as-a-whole injury, you're entitled to an industrial disability analysis under Iowa Code 85.34(2)(v). This could potentially increase your compensation but also carries the risk of a lower industrial disability rating than your functional impairment rating. Consulting with a qualified workers' comp attorney before making such a decision is advisable.

3. Potential for Higher Settlement
   If you sustain serious injuries with permanent work restrictions, your employer might prefer you find another job. Quitting under this scenario could result in a smaller settlement. However, negotiating a settlement that includes a global release and mutual separation might yield a higher payout. This approach typically requires closing your file, including medical benefits and the right to review-reopen your case in the future. Again, legal assistance is crucial to navigate this process effectively.

4. Quitting Your Job
   Quitting your job during your workers' comp treatment is generally ill-advised. If you are off work receiving temporary total disability (TTD) benefits, quitting will likely end these benefits. Additionally, filing for unemployment could be challenging since you need to be ready, willing, and able to work. Recent changes in Iowa law also reduce unemployment benefits and require workers to accept lower-paying jobs sooner.

5. Retirement Considerations
   Retirement can significantly impact your workers' compensation benefits. The 2017 law changes allow employers and insurers to use retirement as a factor in determining compensation for industrial disability work injuries. Retiring while your workers' comp case is pending could result in a substantial loss of potential benefits. It’s essential to avoid discussing retirement plans until your claim is resolved.

Seeing Your Own Doctor

In Iowa, while you technically have the right to see your own doctor for a work injury, your employer typically controls your medical care. The employer's chosen physician or approved medical care is usually covered by workers' comp insurance. If you're unsatisfied with this care, you might request alternative care, but this request can be denied by your employer or their insurer. If denied, you would need to appeal to the workers' compensation commissioner.

If you receive an impairment rating you believe is too low, you have the right to see another doctor, but this will be at the employer’s expense and chosen by them. To change your medical provider, you may need to file a petition for alternate medical care, a process that often requires legal support.

Importance of Causation

Causation is a critical element in a workers' compensation claim, determining liability and the responsibility for covering medical and disability benefits. Establishing causation involves proving that the injury or illness was caused by a workplace accident or work-related task.

1. Proving Causation
   Traumatic injuries with clear causation are typically easier to prove, often supported by witness reports. For conditions that develop over time, like herniated discs, establishing causation can be more challenging. A medical report detailing how and when the injury occurred, its symptoms, and the link to workplace tasks is crucial.

2. Benefits Awarded When Causation is Established
   Once causation is proven, the employer is liable for medical benefits and disability benefits as per Iowa Division of Workers’ Compensation laws. This includes covering medical expenses, providing TTD, TPD, or PPD benefits depending on the injury's severity and impact on the worker's ability to perform their job.

In summary, while switching jobs during a workers' compensation case in Iowa is possible, it can complicate your claim. Understanding the implications for medical care, disability analysis, settlement negotiations, and the importance of establishing causation can help you make informed decisions. Consulting with a knowledgeable workers' comp attorney can ensure you navigate these complexities effectively and secure the benefits you deserve.

Getting Legal Assistance In Tipton

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 Tipton 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.