Van Meter Workers Compensation Attorneys

Legal obstacles after a workplace injury can be daunting. Our workers' compensation attorneys are here to help. With unwavering dedication and specialized expertise, our team is committed to advocating for the rights of injured workers. We ensure you receive fair treatment and proper compensation, allowing you to focus on recovery.

How to Obtain Video Footage of Your Workplace Accident for Your Workers' Compensation Claim

Understanding Your Legal Rights

If you've been injured at work and believe the incident was captured on video, obtaining that footage can be critical for supporting your workers' compensation claim. In Iowa, the process to acquire such evidence is relatively straightforward but requires formal legal procedures. Under Iowa Code §85.27, employers must release video footage upon request. Here’s how you can navigate this process effectively.

Steps to Request Video Footage

1. Consult an Attorney: The first step is to consult with a workers' compensation attorney who can guide you through the legal process and ensure your rights are protected.
2. File a Discovery Request: Your attorney will file a formal discovery request with your employer, asking for the release of the video footage. This request is supported by Iowa Code §85.27, which mandates the release of all relevant information concerning the employee's condition and the accident.
3. Follow Up: Employers are required to produce surveillance materials within 20 days after filing an answer to the discovery request. If the employer refuses, your attorney may need to file a subpoena or take additional legal action to enforce the request.

Legal Precedents and Considerations

In October 2012, significant decisions by the Iowa Workers' Compensation Commissioner reinforced the rights of employees to access surveillance footage. Employers can no longer withhold video evidence until after a worker's deposition. They must provide such evidence promptly upon request unless they can obtain an order from the Commissioner to prevent the discovery and release of irrelevant material.

Using Video and Other Evidence to Strengthen Your Claim

While video footage can be a powerful piece of evidence, it's essential to gather additional supporting documentation to build a strong case. This may include:

- Employment History: Demonstrates your work ethic and previous employability.
- Witness Testimonies: Statements from co-workers who witnessed the accident.
- Medical Records: Documentation showing a lack of preexisting conditions.
- Expert Testimonies: Insights from accident recreation specialists.
- OSHA Violations: Any safety violations that may have contributed to the accident.
- Photos: Images of workplace hazards.

The Dual Nature of Video Evidence

It's important to remember that video evidence can be a double-edged sword. While it can support your claim, it can also be used by employers to discredit it. For instance, footage of you performing activities that seem inconsistent with your claimed injuries could be used against you. This is why it’s crucial to have an attorney review all evidence and present the facts accurately.

Workers' Compensation Benefits and Age Considerations

In Iowa, workers' compensation benefits do not automatically stop when you reach age 65. There are several types of benefits, each with its own rules and duration:

1. Temporary Total Disability (TTD): Paid to workers who are temporarily unable to work due to their injury until they reach Maximum Medical Improvement (MMI).
2. Permanent Partial Disability (PPD): Based on impairment ratings or industrial disability, these benefits can extend beyond age 65.
3. Medical Benefits: Cover the cost of medical care related to the work injury, potentially for life, unless the case is settled.
4. Social Security Benefits: Can impact the amount of workers' compensation benefits, particularly if you receive Social Security Disability Insurance (SSDI).

Determining Compensation

The amount and duration of compensation depend on various factors:

- Type and severity of the injury.
- Impairment ratings.
- Whether the injury is a scheduled member injury (e.g., arm, leg) or an industrial injury (e.g., back, neck).
- Age, education, and ability to work.
- Ongoing medical needs and work restrictions.

Medical Providers and Payment Issues in Iowa Workers' Compensation

Authorized Medical Providers

In Iowa, the employer or their insurance company typically chooses the medical providers for treating injured workers. These providers must be authorized, meaning the insurance company approves their services. Authorized providers' bills are usually paid by the workers' compensation insurance.

Denied Claims and Payment Disputes

If a workers' compensation claim is denied, the injured worker should receive a letter stating the denial. In such cases, the patient’s health insurance should cover the medical expenses. Iowa Code §85.38(2)(a) mandates that non-occupational health plans cannot deny payment for medical services if the workers' compensation claim is unresolved.

Billing and Payment Disputes

Medical providers may face issues with bill payments, such as reduced payments after insurance audits. Providers cannot bill the injured worker for the difference between the charged amount and what was paid by the insurance company. Any disputes over charges should be resolved between the medical provider and the insurance company, not involving the injured worker.

Getting Legal Assistance In Van Meter

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 Van Meter 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.