Cedar Falls Workers Compensation Attorneys

When workplace injuries occur, navigating the legal complexities can be overwhelming. That's where our Cedar Falls workers' compensation attorneys come in. Whether you were injured at UNI, John Deere, Cedar Falls Schools, Public Works, Viking, UnityPoint, or Kryton, our dedicated experts will advocate for injured workers' rights, ensuring fair treatment and proper compensation.

Can My Employer Force Me to Return to Work after Surgery Caused by a Work Injury?

Whether your employer can force you to return to work after surgery caused by a work injury depends on several factors, including the restrictions imposed by your surgeon. If your authorized treating surgeon has stated that you are unable to work, then you should not be forced to return to work. In such cases, you should receive weekly workers' compensation benefits, provided the insurance company acknowledges that your injury is related to your work activities.

If your doctor allows you to return to work with restrictions, such as light duty with a lifting limit of 25 pounds, you should inform your employer and provide them with a copy of your work restrictions. Clearly communicate that you are ready, willing, and able to work within these restrictions. If your employer offers you a suitable position, you should attempt to perform the job. Keep a copy of your work restrictions with you, and if you are asked to work outside of those restrictions, show your employer the written proof of what you can and cannot do. If you encounter difficulties even within your restrictions, notify your employer and contact your surgeon. You might need to speak with the doctor’s nurse or schedule an appointment to discuss changing your restrictions.

If your employer does not offer you work within your restrictions, you or your attorney should contact the insurance company to ensure you receive temporary total disability (TTD) benefits. However, if your employer offers you a job within your restrictions and you refuse to try it, several negative consequences may occur:

1. You may not receive weekly workers' compensation benefits.
2. You might be fired from your job.
3. You could be denied unemployment benefits for refusing suitable work.
4. The value of your workers' compensation case may decrease significantly.

Thus, while you cannot be forced to return to work, not accepting suitable work can lead to significant financial and legal consequences.

What If I Get Fired While on Workers' Comp?

Getting fired while on workers' compensation is a concerning issue. The reasons behind your termination are crucial. If you are fired for not showing up to work without a doctor's excuse, it can negatively impact your workers' comp case. However, if you are fired because your employer cannot accommodate your permanent work restrictions, this could benefit your case and open up other legal remedies.

It's important to note that under Iowa law, you are an employee at will, meaning you can be fired for any reason or no reason at all. Nevertheless, you might have some protection under the Family Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), or a collective bargaining agreement if you are part of a union. These laws do not prevent your termination but may help you get your job back and potentially receive additional damages.

Termination Due to Work Injury

Employers may fire an injured worker at various stages, such as immediately after the injury for a safety violation, during the healing period after FMLA time is exhausted, or once the worker reaches maximum medical improvement (MMI) with permanent restrictions. When you receive permanent restrictions, provide them to your employer and express your readiness to work within those limitations. Refusing to try suitable work can significantly harm your workers' compensation case. Employers are aware of the laws and might try to exploit any mistakes you make.

If you are fired, consult an attorney promptly to navigate the complexities of workers' compensation and potential unemployment claims.

Termination for Other Reasons

Employers might fire injured workers for reasons unrelated to the work injury, such as poor job performance, lateness, or misconduct. However, these claims might not be true. If you are fired for reasons other than your injury, consider filing for unemployment benefits. This process can be intricate, and consulting an attorney may be beneficial.

Filing for Unemployment

Before filing for unemployment, ensure you are ready, willing, and able to work. You need not return to your previous job but should be able to perform other available work. List potential jobs you can do before any phone interview.

You must also have sufficient work credits to qualify for unemployment. If you were off work for several quarters due to your injury, Iowa Workforce Development should consider your work history prior to the injury. If you receive a notice of insufficient credits, provide the correct information promptly.

Timing is crucial. Under Iowa law, you cannot receive both TTD benefits and unemployment simultaneously. If your workers' comp claim is denied and your employer offers no suitable work, it might make sense to file for unemployment.

Can Workers' Comp Stop Payments Without Notice?

Yes, a workers' comp insurance company can stop your weekly payments without notice, similar to how you might stop paying bills. Iowa law requires the insurance company to provide 30 days' notice under certain conditions, known as an Auxier notice. For instance, if you return to work and the insurer believes they have paid all permanent partial disability (PPD) benefits owed, they must notify you. However, insurers often stop or delay payments without notice.

If your payments stop, contact the insurance adjuster to determine the reason. Sometimes, it's a simple mailing delay or an administrative oversight. Keep copies of your checks and envelopes to prove the mailing dates. Late payments can result in penalty benefits up to 50% of the amount owed, but insurers rarely pay these voluntarily. If your checks are late or stop, consult an experienced Iowa workers' comp attorney.

Getting Legal Assistance In Cedar Falls

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 Cedar Falls 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.