- Clive Workers Compensation Attorneys
- Phone: 641-792-3595
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When workplace injuries happen, navigating the legal complexities can be overwhelming. That's where our Clive workers' compensation attorneys come in. Whether you were injured at MercyOne or Public Works, our dedicated experts will advocate for your rights, ensuring fair treatment and proper compensation.
Workers’ Compensation Benefits & Epidural Injections for Back Pain
Workers engaged in heavy lifting often suffer from back problems, sometimes necessitating epidural injections as part of their treatment. These injections, typically covered by workers’ compensation, can be crucial for alleviating pain and inflammation. If issues arise with obtaining coverage for these injections, workers can file an appeal with the Iowa Workers’ Compensation Commissioner (IWCC).
What Are Epidural Injections?
Epidural injections involve inserting a needle into the epidural space—a fat-filled area between the dura mater surrounding the spinal cord and the vertebra's wall. Corticosteroids are injected to reduce spinal swelling and alleviate pain. These injections treat conditions such as:
- Disc Herniations
- Spinal Stenosis
- Spondylolysis
Patients usually receive injections every couple of weeks over several weeks, as advised by their doctors.
Potential Complications
While generally safe, epidural injections can cause complications like:
- Bleeding
- Infection
- Nerve Damage
- Dural Punctures
Workers’ Compensation Disputes Involving Epidural Injections
Workers’ compensation typically covers medical expenses and disability benefits for injuries incurred on the job. The benefits depend on the injury’s severity, the worker’s ability to work, and any resulting permanent impairment.
Filing an Appeal
Employers in Iowa select the medical provider for the injury. If a doctor denies the severity of the injury or if there are treatment approval issues, workers can appeal to the IWCC for alternative treatment.
If the condition does not improve and becomes a permanent disability, it is classified as an industrial disability. Factors influencing permanent partial disability (PPD) benefits include:
- Injury and Impairment
- Work Restrictions
- Skills
- Education
- Work Experience
The disability rating, between 0 and 100 percent, determines the duration of benefits, up to a maximum of 500 weeks. Disputes often arise if employees feel their rating is too low.
Can I Be Fired While on Light Duty?
In Iowa, unless you have a written employment contract, you are likely an at-will employee, meaning you can be fired at any time without cause. However, union members can file grievances to attempt to get their jobs back. Violations of employment laws such as the ADA or FMLA can also provide grounds for a complaint with the EEOC or the Iowa Civil Rights Commission.
Consulting an Attorney
It is crucial to consult an attorney who understands both workers’ compensation and employment law to navigate these complex issues. If already represented by a workers’ compensation attorney, start by discussing your case with them.
Tips for Your Workers’ Compensation Claim
Do Not Leave Your Job Voluntarily
Avoid quitting your job while you have a pending workers’ compensation claim. This can negatively impact your case, making you ineligible for unemployment benefits and reducing the value of your workers’ compensation claim. If your employer wants you to leave, make them fire you, which can help your claim.
Impact of Being Fired on Light Duty
Being fired while on light duty can significantly affect your workers’ compensation case. If fired for cause, the insurance company might deny temporary total disability (TTD) benefits. An experienced attorney can help secure these benefits by providing the necessary legal information to the insurance company.
Filing for Unemployment
Do not immediately file for unemployment if TTD benefits are denied, as you cannot receive both simultaneously. You may eventually qualify for both unemployment and PPD benefits if specific legal requirements are met. Consulting an attorney can help navigate these complexities.
Unemployment Claims and Workers’ Compensation
Your unemployment claim can significantly impact your workers’ compensation case. Even if initially denied by Iowa Workforce, an attorney can help file an appeal to use the correct quarters for calculating benefits.
Important Information about Iowa Workers' Compensation and Impairment Ratings
Understanding Iowa's workers' compensation laws and impairment ratings is crucial if you are injured on the job.
Receiving an Impairment Rating
After recovery, the doctor assigns an impairment rating, which the insurance company uses to determine your disability benefits duration. Submit a Medical Report Transmittal Form to the Iowa Division of Workers’ Compensation for permanent disabilities or temporary disabilities extending beyond 13 weeks.
Disagreeing with the Rating
If you disagree with the impairment rating, you can request an independent medical examination (IME) at the employer’s expense by submitting Form 100A.
Key Points About Impairment Ratings
1. No Signing Needed: You don’t have to sign papers to receive your impairment rating payment.
2. Know Your Entitlements: Ensure you receive all benefits beyond the impairment rating.
3. Lump Sum Payments: You can receive a lump sum payment with accrued interest and still pursue future claims.
4. Understand Your Case Type: Identify if your case is an industrial disability injury or a scheduled member injury to understand your benefits.
5. Don't Settle Blindly: Avoid settling without understanding your case fully, as it could affect future benefits.
6. Seek Legal Advice: Consult an attorney to navigate Iowa's workers’ compensation laws effectively.
Getting Legal Assistance In Clive
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 Clive 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.