Woodward Workers Compensation Attorneys

Legal complexities following a workplace injury can be intimidating. 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.

Navigating Workers' Compensation in Iowa: Seeing Your Own Doctor, Loss of Limb, and Termination Issues

Experiencing a work injury in Iowa involves navigating a complex landscape of workers' compensation laws and regulations. Understanding your rights and the processes involved is crucial to ensure you receive the appropriate medical care and compensation. This comprehensive guide addresses key aspects such as seeing your own doctor, dealing with loss of limb injuries, and what happens if you get fired while on workers' comp.

Seeing Your Own Doctor After a Work Injury

In Iowa, while you technically have the right to see your own doctor after a work injury, significant caveats exist within the workers' compensation system. Typically, your employer and their insurance carrier control the approval and payment for medical care. This means they often designate the physician you must see.

Employer's Control Over Medical Care

Under Iowa Workers' Compensation laws, the employer has the right to select your medical care provider. If you are dissatisfied with the treatment provided, it is essential to discuss your concerns with your employer. In specific circumstances, you may request alternative care, but your employer or their insurance carrier can deny this request. If denied, you must appeal to the workers' compensation commissioner.

Seeking an Independent Medical Evaluation

If you receive an impairment rating you believe is too low, you have the right to seek another doctor for a second opinion. However, this second opinion will be at the employer's expense and by a doctor of their choosing. Should you be unsatisfied with your employer’s doctor, you may need to file a petition for alternate medical care, a process that usually requires the assistance of a qualified workers' compensation attorney.

Refusing Recommended Medical Care

You have the right to refuse medical treatments recommended by the company doctor, such as surgeries. However, refusing recommended care can negatively impact your workers' compensation claim. Consulting with an experienced workers' compensation attorney before making such decisions is crucial to understand the potential implications.

Workers' Compensation Benefits for Loss of Limb

Thousands of Iowans suffer work-related injuries each year, some resulting in the loss of a limb or partial disability. Under Iowa's workers' compensation system, these injuries are categorized and compensated based on a scheduled member system.

Categories of Loss of Limb

1. Traumatic Amputation: Complete loss of part or all of a limb.
2. Functional Impairment: Permanent disability resulting in a percentage impairment rating.

Compensation for Loss of Limb

Compensation varies based on the type and extent of the injury. For instance:
- Arm: Up to 250 weeks of benefits for full amputation. A 10% impairment equals 25 weeks of benefits.
- Hand: Up to 190 weeks for complete loss. A 20% impairment equals 38 weeks of benefits.
- Leg: Up to 220 weeks. A 15% impairment equals 33 weeks of benefits.
- Foot: Up to 150 weeks. A 30% impairment equals 45 weeks of benefits.

Additional compensation may be available for injuries to fingers and other extremities.

Seeking Additional Compensation

It's essential to consult with a qualified Iowa workers' compensation attorney before settling a loss of limb case. They will explore whether you are entitled to additional benefits, such as:
- Second Injury Fund: For those with pre-existing conditions.
- Mental Health Issues: Compensation for depression, anxiety, PTSD, etc.
- Complex Regional Pain Syndrome (CRPS): Severe condition warranting higher compensation.
- Secondary Injuries: Issues with other body parts resulting from the primary injury.
- Bilateral or Multiple Injuries: Injuries to multiple limbs may qualify for additional compensation.

What If You Get Fired While on Workers' Comp?

Termination while receiving workers' compensation benefits is a concerning issue. Understanding your rights and the potential outcomes is critical.

Reasons for Termination

Employers can fire you for various reasons, even while you are on workers' compensation:
- Work Injury-Related: Firings may occur immediately after an injury, during recovery, or after reaching maximum medical improvement (MMI) with permanent work restrictions.
- Other Reasons: Employers may claim unrelated reasons such as poor job performance, tardiness, or misconduct.

Legal Protections and Actions

While Iowa is an at-will employment state, certain protections exist under laws like FMLA (Family Medical Leave Act) and ADA (Americans with Disabilities Act). These laws may not prevent termination but can provide grounds for reinstatement and additional damages.

Filing for Unemployment

If terminated, you may consider filing for unemployment. Key considerations include:
- Eligibility: Must be ready, willing, and able to work.
- Work Credits: Ensure you have sufficient work credits. Iowa Workforce may overlook quarters affected by your injury.
- Timing: Avoid filing for unemployment while receiving temporary total disability (TTD) benefits to maximize your benefits.

Getting Legal Assistance In Woodward

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 Woodward 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.