Council Bluffs Workers Compensation Attorneys

When workplace injuries occur, navigating the legal complexities can be overwhelming. That's where our Council Bluffs workers' compensation attorneys come in. Whether you were injured at Council Bluffs Schools, Iowa Western, Mercy, Tyson, Public Works, ConAgra, or BNSF, our dedicated experts will advocate for injured workers' rights, ensuring fair treatment and proper compensation.

Navigating the complexities of Workers' Compensation in Iowa can be challenging, especially when dealing with injuries that limit your ability to perform your previous job. Consulting a work injury lawyer in Iowa is essential for understanding your rights and the processes involved under these laws. One critical aspect is the concept of "light duty status," which accommodates workers who cannot fully resume their former duties due to an injury or disability sustained at work.

Light Duty Status: Definition and Eligibility

Light duty status refers to the assignment of different or modified job tasks that align with the physical restrictions of an injured employee. This status comes into play when a worker, after sustaining an injury at work, has completed a "healing period" and is no longer entirely incapacitated but is still unable to perform their previous job duties fully. Iowa's Workers' Compensation law mandates that during this healing period, the injured worker receives continued pay and medical treatment.

Once you are fit to return to work but still have lingering injuries or disabilities, your employer should offer you a light duty job if available. This could mean a different position or modified tasks within your existing role that accommodate your physical limitations. If your employer does not present this option and you believe it should be available, contacting an experienced work injury attorney in Iowa is crucial. They can ensure your employer treats you fairly and that you receive appropriate compensation.

Determining the Need for Light Duty Status

The decision to place you on light duty status should be made by your doctor, who will document any restrictions on your working capacity. These restrictions should be in writing and signed by the physician. If the light-duty job offers lower pay than your previous position, Workers' Compensation benefits should cover the difference.

Returning to Work with Restrictions

If the company doctor releases you to return to work with restrictions, it is vital to communicate this to your employer through various means such as in-person meetings, telephone calls, written notices, or emails. Informing your employer that you are ready, willing, and able to work within the specified restrictions is essential. Failure to do so could result in job loss, cessation of weekly workers' compensation benefits, and denial of unemployment benefits. If you find yourself unable to perform the light duty tasks due to your physical condition, promptly inform your supervisor and contact your doctor to arrange a follow-up appointment.

Epidural Injections for Back Pain and Workers' Compensation

Workers who engage in heavy lifting often suffer from back problems, necessitating treatments like epidural injections. These injections, which should be covered by workers' compensation, involve administering corticosteroids into the epidural space to reduce spinal swelling and alleviate pain. This treatment is common for conditions such as disc herniations, spinal stenosis, and spondylolysis. Typically, injections are given periodically over several weeks, with patients discussing the schedule with their doctors.

Complications and Disputes

While epidural injections can be effective, they come with potential complications, including bleeding, infection, nerve damage, and dural punctures. If workers encounter issues getting these treatments covered, they can appeal to the Iowa Workers' Compensation Commissioner (IWCC). Employers in Iowa have the right to select the medical provider, which sometimes leads to disputes if the provider's assessments are biased or inadequate.

In cases where a doctor denies the existence of an injury or downplays its severity, workers can file for alternative medical treatment with the IWCC. If a worker's condition results in a permanent disability, back-related disabilities are classified as industrial disabilities under workers' compensation. Factors influencing the duration of permanent partial disability (PPD) benefits include the severity of the injury, work restrictions, skills, education, and work experience. Disputes often arise if workers believe their disability rating is too low.

Accessing Video Footage for Workers' Compensation Claims

In some cases, video footage can be critical evidence for workers' compensation claims. According to Iowa Code §85.27, employers must release surveillance videos upon request. This statute ensures that all information related to the employee's physical or mental condition concerning the claim is accessible.

Legal Precedents and Procedures

The Iowa Workers' Compensation Commissioner clarified that employers must produce surveillance materials in response to discovery requests and cannot withhold them until after the worker's deposition. If an employee requests video footage under §85.27, the employer must provide it within 20 days of filing an answer. However, the employer can request an order to prevent the release of irrelevant videos.

Using Video Evidence

Video footage can be a powerful tool to support your claim, but it’s also a double-edged sword. Employers may use surveillance videos to challenge the severity of your injuries. It's essential to have an attorney review all evidence to ensure it accurately represents your condition and doesn't misconstrue the facts. Additional supportive evidence includes employment history, co-worker testimonies, medical records, expert testimonies, OSHA violation reports, and photos of workplace hazards.

Getting Legal Assistance In Council Bluffs

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 Council Bluffs 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.