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The legal obstacles after a workplace injury can be challenging. Our workers' compensation attorneys are here to assist. With unwavering dedication and specialized skills, our team is committed to advocating for injured workers' rights. We ensure fair treatment and proper compensation, so you can concentrate on getting better.
Navigating Workers’ Compensation for Shoulder Impingement Syndrome
Understanding Shoulder Impingement Syndrome
Shoulder impingement syndrome is a prevalent source of shoulder pain, primarily occurring when the top shoulder bone rubs against the tendons and bursa, leading to inflammation. According to the American Academy of Orthopaedic Surgeons (AAOS), this condition often arises from repetitive lifting or overhead activities, common in professions such as construction and painting. If shoulder impingement results from workplace activities, employees are entitled to workers’ compensation benefits to cover medical treatments, lost wages, and other related costs.
Treatment Options for Shoulder Impingement
Treating shoulder impingement effectively involves addressing both the symptoms and the underlying condition. Initial treatments often include anti-inflammatory medications to reduce pain and swelling, coupled with a cessation of the activities that caused the inflammation. Physical therapy is another common recommendation, aiming to restore function and alleviate discomfort. In cases where these conservative treatments fail, doctors might resort to steroid injections or even surgery to remove the inflamed bursa and increase space for the rotator cuff.
The type of surgery, whether arthroscopic (minimally invasive) or open surgery, influences recovery time. Workers’ compensation benefits typically cover the costs associated with these treatments, ensuring that the injured worker can focus on recovery without financial burden.
Workers’ Compensation Disability Benefits for Shoulder Impingement
Workers suffering from shoulder impingement due to their job duties may qualify for various types of disability benefits. If the pain and limitations make it impossible to continue working, employees can receive temporary total disability benefits. These benefits replace a portion of the worker’s wages during the recovery period.
In some cases, doctors might release employees back to work with specific restrictions, such as limiting lifting or overhead activities. If these restrictions result in a lower-paying position, workers may be entitled to temporary partial disability benefits to supplement their reduced income. Should the condition cause permanent impairments, an impairment rating is issued, affecting the permanent partial disability benefits the worker receives. Factors such as impairment rating, work experience, education, skills, and age are considered in determining the benefit period.
Challenges in Workers’ Compensation Claims for Shoulder Impingement
Disputes can arise between employees and employers regarding the extent of shoulder impingement injuries. Employers often select the treating doctor, who might have biases favoring the employer or its insurance company. If an employee believes the treatment is inadequate, they can petition for alternate medical treatment with the Iowa Workers’ Compensation Commissioner (IWCC) or request a second medical examination if they disagree with the impairment rating.
Light Duty and Reduced Workload After a Workers’ Comp Claim
Returning to work after a work injury often involves modifications to job duties. Light duty assignments, which adhere to the restrictions set by the treating physician, allow employees to remain productive while respecting their recovery needs. Common light duty tasks include inspections, inventory management, light assembly work, and administrative duties. Employers usually prefer offering alternate temporary positions rather than holding the original position open, which might be crucial to company operations.
A reduced workload is another accommodation, involving fewer hours or less physically demanding tasks. These work modifications are determined by the treating physician, and employees must submit a work status report to their employer to facilitate compliance with restrictions. Refusing light duty work can result in the termination of workers’ compensation benefits.
Temporary Partial Disability Benefits
If suitable light duty work is unavailable, employees may receive temporary total disability benefits until they are capable of returning to work. When working with restrictions at a lower wage, temporary partial disability benefits can help make up for the income difference. These benefits amount to nearly 67% of the difference between the worker’s average gross weekly earnings before the injury and the actual earnings while working in a restricted capacity.
Navigating Medical Care Options Under Workers’ Compensation
In Iowa, the employer typically dictates the medical care provided after a work injury. However, employees have the right to seek alternate medical treatment if dissatisfied with the employer's choice. This process often requires filing a petition for alternate medical care, and success might necessitate legal assistance. Employees can also request an independent medical examination (IME) at the employer's expense if they disagree with the impairment rating.
Additional Considerations for FedEx, UPS, and USPS Employees
Employees of corporate delivery companies like FedEx, UPS, and Amazon are covered by state workers’ compensation laws. However, USPS employees fall under the Federal Employees’ Compensation Act (FECA). For workers covered by state laws, key steps include promptly reporting injuries in writing, complying with work restrictions, continuing prescribed treatments, and following the doctor’s orders both at work and home.
Retirement discussions can adversely affect compensation, and workers should avoid such conversations with doctors or HR representatives. Injured workers should document any requests to work outside their restrictions and refuse tasks that could exacerbate their injuries.
The Iowa Injured Workers’ Bill of Rights
Iowa law grants injured workers several rights, including:
1. Payment of Medical Care: Employers must cover medical expenses and mileage for appointments.
2. Permanent Disability Compensation: Workers are entitled to compensation for permanent disabilities resulting from work injuries.
3. Right to Refuse Medical Care: Employees can refuse recommended medical procedures, although it may impact their case.
4. Weekly Benefit Checks: Injured workers receive weekly benefits while unable to work, calculated based on their average weekly wage and other factors.
Getting Legal Assistance In Winterset
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 Winterset 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.