Atkins Workers Compensation Attorneys

Getting hurt on the job in Atkins can leave you with questions about how much your claim is worth, what medical care you are entitled to, and even how something as simple as a social media post could affect your benefits. Iowa workers' compensation law is designed to protect injured employees, but understanding how the system actually works, including how a back injury is valued and how long your medical benefits may last, is essential to protecting your claim.

How Much Is Your Back Injury Worth Under Workers' Compensation?

Injured workers in Atkins often ask how much their back injury claim is worth. There is no simple answer to this question because every case involves different facts, but there are general guidelines that can help you understand the process.

If you sustained a permanent back injury, your permanent partial disability compensation will be based on 500 weeks of benefits. For example, if you have sustained 30 percent industrial disability, which is different from your impairment rating, you would receive 150 weeks of permanent partial disability benefits, calculated as 30 percent multiplied by 500 weeks, paid at your weekly workers' compensation rate. These benefits are supposed to be paid back to the date you returned to work, or if you did not return to work, back to the date you were placed at maximum medical improvement.

Factors That Determine Industrial Disability

Several factors are commonly considered when determining industrial disability for a back injury under the Iowa workers' compensation system. These include your age, your education level, your permanent impairment rating, any permanent work restrictions, the type of medical care you received, such as a lumbar fusion, lumbar laminectomy, or injections, your current earnings, your prior earnings, and whether you returned to the same job you held before your injury.

One of the most important things for Atkins workers to keep in mind is that the insurance company will often offer to pay only your impairment rating. Adjusters will frequently send a letter stating your rating, how much has been paid so far, and how much will be paid going forward. For back injuries, impairment ratings can range from 0 percent to upwards of 25 percent, but that rating is only one of many factors used to determine what you are actually owed. It is rarely the full extent of what you deserve, and you should not sign any settlement documents agreeing to accept only your impairment rating. The insurance company may also offer a lump sum plus a few thousand dollars for medical expenses in exchange for closing your file. At the very least, it is worth consulting with a qualified workers' compensation attorney before agreeing to any settlement, since once your case is settled on a closed file, you will no longer have medical care and you will lose your right to petition the Iowa Workers' Compensation Commissioner for additional compensation.

Understanding Lifetime Medical Benefits

Iowa's workers' compensation law offers a variety of benefits to those injured in the workplace, including lifetime medical benefits. If you were involved in a workplace accident in Atkins, or an accident that occurred on company property or during company time, you may be entitled to medical benefits for as long as necessary to treat your injury.

Who Is Eligible for Medical Benefits?

Under Iowa workers' compensation law, most workers injured in a workplace accident are entitled to medical treatment paid for by the employer or the employer's workers' compensation insurer. There are some exceptions. Workers who may not be eligible include employees who earned less than $1,500 from their employer during the year prior to the accident, agricultural employees whose employer had a payroll of less than $2,500 in cash during the year prior to the accident, and anyone related to the employer. If you are unsure whether you qualify for workers' compensation medical benefits or disability benefits, it is worth contacting an attorney to review your eligibility.

Workers' compensation generally covers the cost of transportation for medical purposes, such as trips to the hospital or doctor's office, lost wage payments for time spent at doctor's visits during working hours, and the cost of medical procedures, medications, and other related treatment.

What Does "Lifetime" Medical Benefits Mean?

Disability benefits under workers' compensation are available for a set amount of time, though permanent total disability benefits are available for life. Regardless of the type of disability benefits a worker receives, medical benefits are paid for as long as necessary to treat the injury, up to a lifetime, and workers should follow all doctors' orders related to their work injury.

Choice of Medical Care

Because the employer is responsible for paying for medical care under workers' compensation law, the employer generally has the right to choose the medical provider the employee sees. If an employee is unhappy with the type or quality of care being provided, they may request a different type of care. If the employer or insurance company denies that request, the employee can make a request for alternative care with the Workers' Compensation Commissioner. If a worker does not go through the proper channels and the employer or insurer does not approve alternate care on their own, workers' compensation may not cover the treatment received elsewhere. Additionally, if an employee believes the level of disability determined by a physician is inaccurate, they have the right to an independent examination by a doctor of their own choosing, and the employer remains responsible for the cost of that exam.

How Social Media Can Affect Your Workers' Compensation Claim

When updating your social media, workers' compensation insurance adjusters are probably not who you have in mind as your audience. However, when you are seeking compensation for a work injury, you should assume the insurance company is checking your accounts to make sure you are using benefits appropriately and that your injury is legitimate. Without careful attention to this issue, social media can have a significant, and often negative, effect on an Atkins workers' compensation claim.

Proof of Other Causes of Injury

If anything on social media implies that your injury occurred outside the course of your employment, your claim may be significantly impaired, since workers are only eligible for benefits related to injuries that happened on the job. A photo, status update, or conversation with another person could create an incorrect implication about how an injury occurred, and the insurance company will look for any opportunity to interpret your accounts in a way that damages your case.

Weakening a Disability Claim

Social media can also weaken the argument behind a disability claim. Disability benefits, which compensate for lost wages, are only paid when a worker is wholly or partially disabled to the point where returning to work is not possible. Photos, location pins, or status updates suggesting that a worker is more capable than their claim indicates can seriously impair a case. Activities such as lifting something heavy, exercising, engaging in physical activity, traveling, shopping, or playing with kids or pets can all be used against a claimant if captured on social media.

Best Practices While Your Claim Is Pending

It is best to avoid posting pictures or videos that could be used to question the validity of your injury. Even an old photo posted for something like a "throwback" post can be used in court if it was shared after your injury occurred. Location check-ins and status updates about spending time with friends or engaging in activities can also raise questions about whether you are as hurt as your claim suggests. Never discuss your workplace injury, employment status, or claim for benefits online, and especially not in a public setting. If eliminating social media accounts altogether is too difficult, at minimum set your profile to private and avoid posting anything that could call your injury into question.

Getting Legal Assistance In Atkins

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 Atkins 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.

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