Altoona Workers Compensation Attorneys

A work injury can turn your life upside down in an instant. Whether you suffered a serious leg fracture on a job site, a fall in a warehouse, or a debilitating injury in a work-related vehicle accident, the physical, financial, and emotional toll can be overwhelming. If you were hurt on the job in Altoona or anywhere in the greater Des Moines area, understanding your rights under Iowa workers' compensation law is one of the most important steps you can take. The attorneys at Walker, Billingsley & Bair have helped injured workers across Iowa navigate the complexities of the workers' compensation system, and they are here to help you as well.

This article covers three critical topics that affect injured workers in Altoona and throughout Iowa: tibia fractures and other serious workplace injuries, how long you can receive workers' compensation benefits, and what to expect when your case reaches settlement. Knowing the answers to these questions before you deal with an insurance company can save you thousands of dollars and protect the full value of your claim.

Tibia Fractures and Serious Leg Injuries at Work

Among the many types of injuries that occur in Iowa workplaces, tibia fractures are among the most painful and disabling. According to the American Academy of Orthopaedic Surgeons (AAOS), the tibia, or shinbone, is actually the most commonly fractured long bone in the entire body. These injuries can take four months or longer to heal and often require the use of crutches or a walker throughout the recovery period.

How Tibia Fractures Happen on the Job

There are many ways a worker can sustain a tibia fracture on the job. Common causes include slipping and falling, tripping over misplaced equipment or objects, getting a leg caught in machinery, or being involved in a work-related vehicle accident. The Bureau of Labor Statistics identifies the two most frequent causes of workplace fractures as falls on the same level, accounting for 31 percent of cases, and being struck by an object or piece of equipment, accounting for 21 percent of cases. On average, the Bureau of Labor Statistics reports that workers take about 30 days off work to recover from a tibia fracture work injury, though more severe cases can require significantly more time away from the job.

Treatment Options for a Broken Tibia

The treatment an injured worker receives for a tibia fracture depends on the severity of the break and the worker's overall health. For clean breaks with minimal bone displacement, a physician may choose non-surgical treatments such as splints, casts, or braces. However, more severe fractures involving open wounds or significant displacement often require surgery. Surgical procedures can include intramedullary nailing, the use of plates and screws, or external fixation involving pins and screws placed outside the body to hold the bone in alignment.

The AAOS notes that open fractures, where bone fragments are displaced enough to break through the skin, carry a higher risk of infection and are more likely to require secondary surgical procedures. Beyond the initial injury, workers who suffer a tibia fracture at work may face serious complications, including:

• Improper alignment or failure of the bone to heal correctly
• Infection at the fracture site
• Damage to nerves or veins surrounding the fracture
• Blood clots

These complications can extend recovery time well beyond the typical timeframe and may have lasting consequences on a worker's mobility and ability to return to their previous job duties.

Workers' Compensation Benefits for a Tibia Fracture

If you suffered a tibia fracture or any other serious injury at work in Altoona, you are most likely entitled to workers' compensation benefits. These benefits should cover the following:

• All related medical expenses
• Prescription medications and surgical costs
• Physical rehabilitation and therapy
• A percentage of your wages while you are unable to work

In addition to notifying your employer about the injury, you will need to file a formal claim for benefits. To make sure your claim is handled correctly and that you receive the full extent of what you are entitled to, it is strongly advisable to have your case reviewed by an experienced Iowa work injury attorney before proceeding on your own.

How Long Can You Be Out on Workers' Comp in Iowa?

One of the most common questions injured workers ask is how long they can remain off work while receiving workers' compensation benefits. The answer in Iowa is more worker-friendly than in many other states.

Is Your Job Protected While You Are Off Work?

This is an area where many workers are surprised by the answer: not necessarily. If you qualify for the Family and Medical Leave Act (FMLA), your employer can run your FMLA leave, generally up to 12 weeks, at the same time you are off work due to a work injury. If your absence extends beyond those 12 weeks, your employer may legally terminate your employment. Additional job protections may be available under the Americans with Disabilities Act (ADA) or through a union agreement, depending on your situation. For a thorough explanation of your rights as an employee, Walker, Billingsley & Bair offers a free Iowa Workers' Compensation Book that devotes an entire chapter to employee rights.

To qualify for FMLA protection, an employee must work for an employer with 50 or more employees working each day during at least 20 calendar weeks in the current or preceding calendar year. The employee must also have worked for that employer for at least 12 months and logged at least 1,250 hours during the 12 months before the start of FMLA leave.

What If You Are Fired After Your Medical Care?

If you are terminated during or after your medical care for a workers' compensation claim, it is critical to speak with a qualified work injury attorney who can explain the process, protect your rights, and help you pursue the compensation you deserve. You should also consider whether to file for unemployment. If you have been fired and are no longer receiving TTD benefits, filing for unemployment may be in your best interests. Keep in mind that you cannot receive TTD and unemployment at the same time, and you must be ready, willing, and able to perform some type of work in order to qualify for unemployment benefits.

Should You Apply for Social Security Disability (SSDI)?

Injured workers sometimes wonder whether they should file for Social Security Disability Insurance alongside their workers' compensation claim. In most cases, it is not advisable to file for SSDI immediately for several important reasons. In the eyes of some Iowa workers' compensation judges, filing for SSDI too soon can reduce the value of your case by suggesting a lack of motivation to return to work. Additionally, the SSDI process can take several years to reach a hearing before an administrative law judge. If you are under 55 years of age, obtaining SSDI is also significantly more difficult. If you have been released to return to work with restrictions, completing a valid job search first is strongly recommended before considering an SSDI filing. The team at Walker, Billingsley & Bair helps clients navigate workers' compensation, employment law, unemployment law, and Social Security Disability together in order to achieve the best possible outcome.

What to Expect After a Workers' Compensation Settlement in Iowa

The settlement process in Iowa workers' compensation is an area that causes significant confusion for many injured workers. If you sustain a serious work injury, you will likely receive a letter and one or more checks for your permanent partial disability based upon your functional impairment rating. Many workers assume this payment is a settlement, but it is not. This is simply a payment the insurance company is required to make in order to avoid being penalized later. If you receive such a check and have not previously agreed to a settlement or signed any paperwork, you should generally be able to cash the check without it being considered a full and final settlement.

How a Settlement Is Formally Completed in Iowa

The only way to formally settle a workers' compensation case in Iowa is to sign settlement paperwork, submit it to the Iowa Workers' Compensation agency for approval, and have it officially approved by the agency. It is important to note that if you speak with an insurance adjuster by phone and verbally agree to a settlement, the insurance company may attempt to enforce that agreement against you. Always ask for any offer to be made in writing so you have time to review it carefully. If you receive a written offer, consulting with an experienced Iowa workers' compensation attorney before responding can help you avoid being taken advantage of. Once a settlement is signed and approved, it is very difficult, if not impossible, to undo. Having your case reviewed before agreeing to anything is always the smart course of action.

Types of Settlements Available in Iowa Workers' Compensation Cases

There are several distinct types of settlements in Iowa workers' compensation cases, and understanding each one is essential before signing anything:

Agreement for Settlement: Both parties agree that the injured worker has sustained a certain percentage of disability, and a set number of weeks of benefits at an agreed-upon weekly rate will be paid. Depending on when benefits were last paid, some or all money owed may be paid in a lump sum, while other benefits may continue weekly. A significant advantage of this type of settlement is that medical benefits remain open, and the injured worker has three years from the date of the last check to bring a review-reopening action if their condition worsens or they lose their job due to the work injury.

Agreement for Settlement with Full Commutation: Similar to the agreement for settlement, but in exchange for a lump-sum payment, the right to future medical benefits and the right to review-reopen the case are both permanently closed.

Compromise Settlement: This type is most commonly used when the injured worker is no longer employed by the same employer. All past compensation owed, future medical benefits, and future weekly benefits are settled in a single lump-sum payment. If the injured worker is also receiving Social Security Disability, this settlement type can be structured with specific language to avoid or reduce the Social Security offset.

When Will You Receive Your Settlement Check?

Once you have signed settlement paperwork and the Iowa Workers' Compensation agency has formally approved the settlement, you should expect to receive your settlement check within 7 to 14 business days based on the amount you agreed to. Once the check is deposited, the funds will typically need to sit in your bank account for approximately 10 banking business days before they are available for withdrawal.

Avoid Costly Mistakes: Talk to an Altoona Workers' Compensation Attorney First

Whether you are dealing with a tibia fracture, trying to understand how long your benefits will continue, or evaluating a settlement offer from an insurance company, the decisions you make in the early stages of your workers' compensation claim can have long-lasting financial consequences. Many injured workers make costly mistakes simply because they did not have the right information at the right time.

Walker, Billingsley & Bair offers a workers' compensation consultation at no cost or risk to injured workers in Altoona and throughout Iowa. Their attorneys have more than 28 years of legal experience representing hard-working Iowans and can review your case, explain your rights, and help you avoid the pitfalls that can reduce the value of your claim. They also offer a free Guide to Work Injuries: How to Avoid 7 Costly Mistakes If You Are Hurt At Work, available at no cost, because they have seen far too many hard-working Iowans suffer financially by not knowing their rights before dealing with the insurance company.

Do not wait until after you have signed paperwork or accepted a check to seek legal advice. Contact Walker, Billingsley & Bair today for a free, no-obligation case review.