West Branch Workers Compensation Attorneys

Facing legal challenges after a workplace injury can be intimidating. Our workers' compensation attorneys are here to assist. With steadfast dedication and expertise, our team stands up for the rights of injured workers. We work meticulously to secure fair treatment and rightful compensation, allowing you to focus on recovery.

Understanding Workers' Compensation and Employment Issues in Iowa

If you’ve undergone surgery due to a work injury, the question of whether you must return to work depends on several factors, primarily the restrictions set by your surgeon. If your authorized treating surgeon determines you are not able to work, you should not be forced to return and should receive weekly workers' compensation benefits, provided the insurance company acknowledges your injury as work-related.

Returning to Work with Restrictions

If your doctor permits you to return to work with restrictions, such as lifting up to 25 pounds, you should inform your employer of these limitations. Provide a copy of your work restrictions and indicate your readiness to work within these limits. If your employer offers suitable work, you must attempt to perform the job. Keep a copy of your work restrictions handy and show it if asked to work outside your capabilities. If difficulties arise, notify your employer and contact your surgeon to discuss your issues, potentially resulting in updated restrictions.

If your employer does not offer work within your restrictions, you or your attorney should contact the insurance company to ensure you receive Temporary Total Disability (TTD) benefits. Failing to attempt offered work could result in the cessation of weekly benefits, potential job termination, denial of unemployment benefits, and a significant reduction in the value of your workers' compensation case.

Injured Workers' Bill of Rights

Iowa law mandates that employers carry workers' compensation insurance to cover their employees. As an injured worker, you have ten basic rights under this law, four of which include:

1. Payment of Medical Care Including Mileage:
   - Your employer must provide medical care and treatment, covering all treatment costs. They must also reimburse mileage incurred for medical appointments at the rate of $0.545 per mile (as of July 1, 2018).

2. Money for Permanent Disability:
   - If your work injury results in permanent disability, you are entitled to compensation based on the nature and extent of the disability and your average weekly earnings before the injury.

3. Right to Refuse Medical Care:
   - You can refuse any medical procedures, such as surgery, although this may impact your case.

4. Weekly Benefit Checks While You Recover:
   - You will receive weekly benefit checks while recovering and unable to work, whether entirely unable to work (TTD benefits) or working fewer hours (Temporary Partial Disability - TPD benefits).

Back Pain from a Work Injury: Spondylolisthesis

Spondylolisthesis, a condition where a vertebra slips out of place due to a stress fracture, can result from work-related injuries. Symptoms include lower back pain, muscle spasms, reduced range of motion, and numbness in the legs. Diagnosis often involves X-rays, MRIs, or CT scans to assess vertebra slippage.

Filing a Workers' Compensation Claim for Spondylolisthesis

Proving a back injury is work-related can be challenging. Consulting an attorney who specializes in work injury cases can help gather the necessary medical evidence and avoid claim delays or denials. An attorney can also guide you through the process of requesting an independent medical examination if needed.

What If I Get Fired While on Workers' Comp?

Being fired while on workers' compensation is a common concern. If fired for not showing up to work without a doctor's excuse, it can negatively impact your case. However, being terminated due to permanent work restrictions that your employer cannot accommodate may benefit your case.

Legal Protections and Employer Actions

Iowa law allows employers to fire employees while they are on workers' compensation, as employment is at-will. However, protections under the Family Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), or collective bargaining agreements may help you regain your job and seek additional damages later.

Filing for Unemployment

If fired, you may consider filing for unemployment, provided you are ready, willing, and able to work. Ensure you have sufficient work credits and provide accurate information to Iowa Workforce. Filing too early can waste benefits, but if your workers' comp claim is denied, it may be prudent to file immediately.

My Doctor Has Released Me. Does This Mean Workers' Comp Stops Paying?

A doctor's release can affect your workers' compensation benefits depending on whether you are released to regular duties, light-duty work, or if you have reached Maximum Medical Improvement (MMI).

Transition from TTD to TPD Benefits

If released to light-duty or reduced workload, TTD benefits may transition to TPD benefits, which pay two-thirds of the difference between pre-injury wages and reduced wages. If a physician determines you have reached MMI, ongoing treatment may still be necessary, and permanent disability benefits may begin if applicable.

Overview of Light Duty or Reduced Workload After a Workers' Comp Claim

Returning to work under light duty involves performing modified tasks that meet your doctor’s restrictions. Examples include inventorying supplies, answering phones, or other non-strenuous activities. If an employer does not provide light-duty work, you are entitled to TTD benefits. However, refusal to accept offered light-duty work can lead to termination of benefits.

In conclusion, navigating workers' compensation and employment issues can be complex, with numerous factors influencing your rights and benefits. Consulting an experienced attorney can help ensure you receive the appropriate compensation and avoid costly mistakes.

Getting Legal Assistance In West Branch

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 West Branch 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.