Attorneys
If you have been hurt at work, in a car accident, or another personal injury, sometimes you will not have pain until later the same day or even the next day. Regardless of when your pain starts, you should immediately seek medical care and treatment.
In the case of Iowa work injuries, you also need to report your work injury, preferably in writing to your employer and keep a copy of the First Report of Injury.
Under Iowa work injury laws, your employer and/or their insurance company get to choose your medical provider, unless it is an emergency or for specific reasons we cover in detail in our Iowa Workers’ Compensation Book.
Why symptoms might not show immediately?
Often your adrenaline may spike after a car accident, and other hormones like cortisol can be released, which temporarily makes you feel no pain. If you have ever lifted heavy weights or worked out too hard, you know that muscle soreness does not show up until the next day. What is important is that once you start feeling the pain after an injury or accident is that you promptly seek medical care to document your pain and you can begin your healing journey.
If I waited more than one week to seek medical care, am I too late?
Not necessarily, but this will raise a red flag of suspicion to the insurance adjustor assigned to your case. Make sure that you tell your doctor when the pain started and why you did not immediately seek medical care. Going to the emergency room, urgent care, and even your regular doctor can be inconvienent, but failing to go can cost you your claim and case.
What if my work injury is getting worse over time?
It is common for workers to experience “cumulative trauma”, which is a work injury that develops over time. Maybe you lift heavy boxes for an hour each day, and your back hurts some after lifting, but then it goes away until the next day that you work. While it can be easier to prove a traumatic work injury than a cumulative injury, it is important that you are able to explain exactly which part of your job caused your work injury.
Also, keep in mind that under new laws enacted by the 2017 Iowa legislature, you only have 90 days from the day of your work injury to report it to your employer. Of course, you would never want to wait 90 days, but you must be very careful.
For example, if your employer asks you when your back pain from lifting boxes started and you tell them 5 months ago, they may very well deny your claim for lack of notice, saying you did not report the injury within 90 days, even though you really did not think you were injured because the pain used to go away.
If you are facing circumstances like these, you probably want to talk to a qualified Iowa workers’ compensation attorney about how to properly report your work injury so your claim does not get denied for lack of notice.
Our Iowa workers' compensation attorneys offer a no-cost work injury evaluation where we will answer your questions, explain the law to you, and tell you if we think you need a lawyer or not. Just Call Us Now at 641-792-3595, and your information will remain confidential.
What if I start having shoulder pain after an accident that initially only caused neck pain?
It’s common for people and their doctors to focus only on the medical issues at hand. Let’s say that you were having extreme neck pain with pain radiating into your right arm following a car accident, and an MRI revealed that you have a herniated disc in your neck requiring surgery.
After you have neck surgery, your right arm is feeling better, but you are having problems now with your right shoulder. You should immediately report any and all additional pain and problems that you have as soon as possible, because it is common for other problems to show up after one condition is treated. In this example, your neck and arm pain were so severe that it was masking your underlying shoulder pain.
What if I am diagnosed with conditions months or longer after my initial injury?
This can happen for many reasons, for example, sometimes if you injure your right arm and require surgery, you will start using your left arm more. This can result in an overuse of the left arm causing damage.
Similarly, some people who sustain serious leg injuries do not have any back pain until they are up walking, often with a limp, which can cause low back and hip pain. Yes, they should report the new problems and how they came about from overuse or just getting back on your feet again.
Ultimately, your attorney should have a conference with your doctors to establish which conditions are related to your injury accident, which is known as a causation opinion. Some lawyers prefer to write a letter instead of meeting with your doctors, but in our experience, we get much better opinions by taking the time to talk to your doctors in person. While some patients may be able to get a causation opinion from their doctor on their own, often the conversation will result in the doctor saying it is possible.
It is “possible” does not get you anything in the legal field for compensation, as the injured person has the burden of proof to prove it was more likely than not caused by the injury accident. Our attorneys have dealt with thousands of doctors over the years and know how to get the opinions that are needed in your case.
Seek Legal Representation
If you have questions about your injury matter, then feel free to call our office (641-792-3595). There is no cost or risk, and your information will remain confidential. If you are not ready to call an attorney, but want more information, then request our Iowa Injury Book. Our book explains how you can avoid 8 Common Mistakes and much more.
