- Cedar Rapids Workers Compensation Attorneys
- Phone: 641-792-3595
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When workplace injuries occur, navigating the legal maze can be daunting. That's where our Cedar Rapids workers' compensation lawyers step in. Whether you were hurt at Collins Aerospace, UnityPoint, Linn County Schools, MercyOne, General Mills, or Alliant our dedicated professionals will fight for the rights of injured workers and ensure fair treatment and rightful compensation.
Workers’ Compensation for Workplace Injuries Requiring Laminectomy
Back injuries are common in the workplace, and while many heal with non-invasive treatments, severe cases might require surgery such as a laminectomy. This procedure, often necessary due to conditions like spinal stenosis or herniated discs, involves removing part of the vertebrae to relieve nerve pressure.
Overview of a Laminectomy
A laminectomy removes the lamina, a part of the vertebra, to alleviate pressure on the spinal cord or nerves caused by a herniated disc or other projections narrowing the spinal canal. Typically performed on the neck and lower back, this surgery is considered when non-invasive treatments like medication, injections, or physical therapy fail to improve the condition, or when pain significantly impedes daily functioning.
Severe symptoms that may necessitate a laminectomy include:
- Severe or consistent pain
- Weakness or numbness in the legs
- Bladder/bowel dysfunction
- Unsteadiness while walking
In some cases, a spinal fusion is also performed to stabilize the spinal column. Additionally, if there’s a herniated disc, the surgeon might remove the damaged disc.
Recovery and Prognosis
Recovery from a laminectomy varies based on the individual and the specifics of the surgery. Factors influencing recovery include:
- Presence of complications during surgery
- Extent of spinal damage
- Type of surgery performed (e.g., inclusion of spinal fusion or disc removal)
Generally, recovery can range from a few weeks to several months. Those with sedentary jobs may return to work sooner than those whose jobs involve heavy lifting. The prognosis is typically positive, with many experiencing significant pain relief. However, some may only find partial relief or may need additional surgeries if pain returns.
Workers’ Compensation for Laminectomy
If the need for a laminectomy stems from a workplace injury, workers’ compensation should cover the medical expenses. For example, a worker who suffers a herniated disc from a fall or being struck by a heavy object might have the surgery covered under workers’ comp.
Disability benefits vary based on the injury specifics and recovery time. Workers missing more than seven days of work may qualify for Temporary Total Disability (TTD) benefits. Those returning to lower-paying jobs during recovery might be eligible for Temporary Partial Disability (TPD) benefits. Permanent Partial Disability (PPD) benefits are available for those with lasting impairments, with the benefit duration influenced by the impairment rating and other factors such as age, work experience, and earning capacity.
Obtaining Video Footage for Workers’ Comp Claims
Video footage of workplace accidents can be crucial evidence in a workers’ compensation claim. To obtain this footage, an attorney can file a formal discovery request with the employer.
Legal Framework for Video Footage Requests
According to Iowa Code §85.27, employers must release relevant video footage upon request. In October 2012, the Iowa Workers' Compensation Commissioner clarified that employers must provide surveillance materials during discovery and cannot withhold them until after the claimant’s deposition.
Key points include:
- Employers must produce surveillance materials in response to discovery requests.
- Employers cannot delay the release of materials until after the worker’s deposition.
- If requested under §85.27, employers must produce materials within 20 days after filing an answer.
- Employers can ask the Commissioner to prevent the discovery of irrelevant videos.
Using Video Evidence
Video evidence can significantly support a workers’ compensation claim. It’s also important to gather other supporting evidence, such as:
- Employment history
- Witness testimonies
- Medical records
- Expert testimonies
- OSHA violations
- Photos of workplace hazards
However, video evidence can be a double-edged sword. Employers might use surveillance footage to discredit claims, such as showing an employee performing activities they claim to be unable to do. Therefore, having an attorney review and present the video evidence contextually is critical to avoid misinterpretation.
Complex Regional Pain Syndrome (CRPS) and Workers’ Compensation
Complex Regional Pain Syndrome (CRPS) is a chronic condition that can follow workplace injuries, especially those involving the arms or legs. CRPS is characterized by severe pain, swelling, and sensitivity to touch and can develop after injuries like sprains or fractures.
Symptoms of CRPS
Symptoms of CRPS include:
- Burning pain in the affected limb
- Skin sensitivity
- Changes in skin texture, color, and temperature
- Tender skin
- Nail and hair growth changes
- Swollen or stiff joints
- Muscle spasms, weakness, and loss of muscle mass
- Decreased ability to move the affected limb
Causes and Types of CRPS
There are two types of CRPS:
- Type 1 (Reflex Sympathetic Dystrophy Syndrome): Occurs after an injury without direct nerve damage.
- Type 2 (Causalgia): Involves a distinct nerve injury.
CRPS often follows trauma, such as a shrapnel blast, sprain, or fracture. Since CRPS is linked to previous injuries, it’s important to discuss the initial work injury with a workers’ compensation lawyer.
Treatment and Prognosis
CRPS treatment includes medication, physical therapy, and spinal cord stimulation. Early treatment is crucial to prevent complications like muscle loss and contractures.
Rehabilitation may involve medication for pain management and muscle inflammation, as well as psychological support for depression. Treatment success varies, with younger patients often experiencing better recovery outcomes.
Getting Legal Assistance In Cedar Rapids
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 Rapids 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.