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What Qualifies as a Workplace Injury in Iowa?
Many injured workers are unsure whether their injury legally qualifies for workers' compensation benefits. Iowa law covers a broad range of situations. If you were performing your job duties when you developed sudden pain, known as a traumatic injury, or pain that developed and worsened over time, known as a cumulative injury, you may have a valid workers' compensation claim. The most common work injuries involve Iowans performing physical manual labor that results in either type of injury.
Beyond direct physical labor, other scenarios that can qualify as work injuries in Iowa include slipping and falling at your employer's place of business on ice, a broken sidewalk, or other hazards; being injured in a motor vehicle collision while driving as part of your job duties; and even falling down the stairs in your home if you are working from home and your home office is located on a different floor. These are just a few examples of what Iowa recognizes as a compensable workplace injury.
Report Your Injury Immediately
Iowa law requires that you report your work injury within 90 days of when it occurred, subject to some very limited exceptions. The first and most important step after being hurt on the job is to report your injury to your employer as soon as possible. Do not wait.
This is especially important for cumulative trauma injuries that develop gradually. If you report a cumulative trauma injury on a Monday morning after a weekend, your employer and their insurance company may raise a red flag and deny your claim on the grounds that you were hurt during non-work activities. Reporting the injury immediately following the onset of pain while at work significantly reduces that risk and protects your ability to collect benefits.
What Happens After You Report a Work Injury
Iowa is an employer-choice medical care state, meaning that your employer and their workers' compensation insurance carrier will most likely direct your medical care and treatment. In some cases, your employer may tell you to see whoever you want, but it is far more common for the insurance company to get involved and direct you to their preferred doctors. If you need emergency medical care, however, you are not required to seek approval or a referral from your employer or their insurance company before obtaining that care.
Once you are receiving authorized treatment, the insurance company should pay for all care that their own approved doctors recommend, including referrals to surgeons, MRIs, pain management, and physical therapy. In practice, insurance companies often drag their feet and delay approvals for necessary care. When this happens, injured workers may need to pursue what is known as a petition for alternative medical care, a process with specific requirements that an experienced attorney can help navigate.
Understanding Maximum Medical Improvement (MMI) and Impairment Ratings
Once your treating doctors determine that you have reached maximum medical improvement, or MMI, your case is far from over. Many insurance companies will send you a letter stating they are closing your file and will not authorize any additional medical care. This is not what Iowa law requires, and if no one challenges this position, the insurer may avoid paying for additional medical costs they are legally obligated to cover.
Upon reaching MMI, the company doctor should evaluate you for permanent impairment using what is called a functional impairment rating or permanent impairment rating. In Iowa, this rating is based upon the AMA Guides, 5th Edition. The doctor reviews your medical condition and assigns a percentage of disability based on those guidelines.
For example, if you sustained a back injury with a herniated disc requiring a lumbar laminectomy, the AMA Guides would likely result in a 10% whole-person impairment rating. At a minimum, this would entitle you to 50 weeks of benefits at your weekly workers' compensation rate (500 x 10% = 50 weeks). However, depending on whether you are still working with the same employer at the same or higher pay, you may be owed significantly more compensation than that baseline figure reflects.
What If You Disagree With Your Impairment Rating?
Iowa Code Section 85.39 gives you the right to seek your own independent medical examination (IME) once your employer has obtained a rating report from their doctor. This is not a decision to take lightly. Many doctors do not perform IME examinations at all, and others are accustomed to performing them for insurance companies, which means they may provide lower ratings that favor the insurer. Selecting the right physician for your IME is a critical strategic decision that an experienced workers' compensation attorney can help you make correctly.
Pars Defect and Workers' Compensation: Proving a Job-Related Back Injury
Back pain and spinal injuries are among the most contested claims in the workers' compensation system. Employers frequently argue that back conditions are the result of everyday activities rather than job duties. One specific type of spinal injury that injured workers may encounter is a condition called pars defect, also known as a pars fracture.
What Is a Pars Defect?
When strain is placed on the part of the spinal column called the pars interarticularis in the lumbar spine, it can lead to a stress fracture. The fracture may occur on one or both sides of the lumbar vertebra. When it happens on both sides, it can cause one vertebra to slip over another, a condition called spondylolisthesis.
Most pars defect injuries occur in the lower back. Common symptoms include pain and stiffness, and the condition is sometimes accompanied by a pins-and-needles sensation in a leg, which may also cause weakness or numbness. Symptoms generally improve with rest and worsen with activity, and the injury can be aggravated when a worker hyperextends the back.
How Is a Pars Defect Diagnosed and Treated?
Along with a physical examination, a CT scan can usually detect a stress fracture in the pars interarticularis. Initial treatment is generally conservative. Doctors typically begin with rest, wearing a back brace, and physical therapy designed to strengthen the back and core muscles.
If surgery becomes necessary, there are two types typically performed. The first is a laminectomy, in which the fractured portion of the vertebra is removed. This procedure is most often performed when nerves are compressed. The second is a posterior lumbar fusion, in which two or more bones are fused together. This approach is used when a spinal segment has become unstable or loose. Both types of surgery may be followed by rehabilitation, and a full recovery can sometimes take several months.
Can a Pars Defect Qualify for Workers' Compensation Benefits?
If a worker can prove that the pars defect was caused by work-related tasks or that existing damage was worsened as a result of job duties, it may entitle the employee to workers' compensation benefits. In order to file a successful claim, the worker must establish that the injury arose out of the scope of employment. Medical records and thorough documentation of one's job tasks are key tools for establishing that connection between the injury and the workplace.
If the claim is approved, benefits will pay for medical costs including doctor visits, surgery, physical therapy, and other necessary treatment. If the employee is disabled as a result of the injury, partial wage replacement may also be paid. The amount will depend on the severity of the disability.
Back injuries are common ailments that some employers will attempt to dismiss as unrelated to work. If it can be shown that an employee's specific job tasks placed the type of strain on the lower back that produces this injury, it becomes much easier to build a strong claim. An attorney can explain the applicable laws and assist with gathering the documentation needed to demonstrate that the injury was caused by job duties.
How Medical Bills Are Paid Under Iowa Workers' Compensation
Iowa is an employer-choice state, which means that the employer and their insurance company generally have the right to choose the medical providers that injured workers treat with. With that authority comes the corresponding obligation to pay for the medical bills generated by those approved providers. The most important factor for ensuring payment is that the medical provider treating you is properly authorized by the workers' compensation insurance company.
If a provider is not authorized, there is a very high likelihood that the workers' compensation insurance company will refuse to pay the bill. In that scenario, the bill may be submitted to the injured worker's personal health insurance company or may fall back on the patient to pay directly. This is one of the many reasons why understanding the authorization process from the very beginning of your claim is so important.
What Happens When a Workers' Compensation Claim Is Denied?
If your workers' compensation claim has been denied, you should receive a written letter stating that denial. Iowa law provides important protections for injured workers in this situation. Iowa Code Section 85.38(2)(a) is clear on this point:
If an employer denies liability under this chapter for payment for any medical services received by an employee with a disability, and the employee is a beneficiary under either an individual or group plan for non-occupational illness, injury, or disability, the non-occupational plan SHALL NOT deny payment for the medical services on the basis that the employer's liability for the medical services under this chapter is unresolved.
In practical terms, this means that if your workers' compensation claim is denied, your personal health insurance company cannot also refuse to cover your care simply because the work injury claim is unresolved. The medical provider can request a copy of the denial letter for their records if needed.
Authorized Providers and Billing Disputes
Even for authorized medical providers, many workers' compensation insurance companies will audit medical bills and reduce the amount they pay. Sometimes medical providers will then bill the injured worker for the difference between what they charged and what they were paid. This practice is not permitted under Iowa law. If a dispute arises about the reasonable charge for medical care, that dispute goes before the Iowa Workers' Compensation agency and should not involve the injured worker directly.
What You Should and Should Not Sign
You are required to sign a patient's medical authorization allowing your employer and their insurance company access to your medical records both before and after the work injury. Refusing to provide a signed authorization can result in a denial of your case and loss of both medical care and compensation benefits.
Settlement documents are a very different matter. If the insurance adjuster or your employer asks you to sign settlement documents to close your case, do not do so without first understanding the full value of what you are giving up. Insurance companies sometimes make a small offer early in the process in the hope that a worker will accept far less than their case is truly worth. Once you sign a settlement and release, it is extremely difficult to revisit that decision. Keep in mind that a Global Release typically requires you to give up not only your workers' compensation claim but also any potential employment law claims you may have.
Why Burlington Workers Need an Experienced Workers' Compensation Attorney
The workers' compensation system in Iowa is complex, and insurance companies have lawyers and professionals working to protect their financial interests. If your employer or their insurance carrier refuses to cover a work-related injury, delays necessary medical care, disputes your impairment rating, or pressures you to settle early, you need experienced legal counsel in your corner.
An attorney can explain your rights under Iowa law, help gather the medical records and job documentation needed to prove your claim, challenge unfair denials, navigate the petition for alternative medical care process, negotiate subrogation obligations, and ensure that the settlement you accept reflects the true long-term value of your injuries and disability. Injured workers who have legal representation are far better positioned to receive the full benefits Iowa law entitles them to.
For more information about your rights as an injured Iowa worker, visit iowainjured.com and request a free copy of the Guide to Work Injuries: How to Avoid 7 Costly Mistakes If You Are Hurt at Work. The guide is available at no cost or obligation and covers the Iowa Injured Workers' Bill of Rights, common and costly mistakes to avoid, and much more.
Getting Legal Assistance In Burlington
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 Burlington 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.