• Cresco Workers Compensation Attorneys
  • Phone: 641-792-3595
  • Directions

Legal issues following a workplace injury can be intimidating. Our workers' compensation attorneys are here to guide you. With steadfast dedication and expertise, our team fights for the rights of injured workers. We work diligently to secure fair treatment and rightful compensation, allowing you to focus on your recovery.

Reopening an Old Workers’ Compensation Claim: Navigating Worsened Injuries and Workers' Rights

If your injury has worsened after settling a workers' compensation claim, you might wonder if reopening the claim is an option. Understanding the types of settlements and legal requirements is crucial to determine your eligibility for additional benefits. This comprehensive guide will also address related issues, such as employer retaliation, choosing your own doctor, and managing medical care under Iowa workers' compensation laws.

Settlements and Reopening a Claim

The ability to reopen a workers' compensation claim depends on the type of settlement you have:

1. Agreement for Settlement: This type allows for reopening the claim if your condition worsens or if other specific criteria are met. It is often referred to as an "open file."
2. Agreement for Settlement with Full Commutation: This involves a lump-sum payment in exchange for closing the file, which means you cannot reopen the claim.
3. Compromise Settlement: Similar to full commutation, it involves a lump-sum payment and results in a closed file.

Conditions for Reopening a Claim

To reopen an agreement for settlement, you must prove one or more of the following:

1. Worsening of the claimant's physical condition
2. Reduction in the claimant's earning capacity
3. Temporary disability developing into a permanent disability
4. Discovery of a critical fact that was unknown or could not have been discovered at the time of the initial settlement
5. A scheduled member injury causing an industrial disability later

Common scenarios for reopening include the worsening of your medical condition, additional medical care needs, or new work restrictions. Documentation from doctors, including independent medical examinations, is essential.

Settling and Cashing Checks

If you have only cashed the checks from the insurance company but not signed any settlement paperwork, your case remains open. However, the statute of limitations, which can be as short as two years, still applies. Consulting a qualified workers' compensation attorney can clarify your rights and potential for additional compensation.

Post-Trial Reopenings

A trial and receiving an arbitration decision function similarly to an agreement for settlement. You can reopen your case if you file the petition within three years of the last payment of workers' compensation benefits and meet the legal requirements.

Employer Retaliation for Filing a Claim

In Iowa, employees can be fired for filing a workers' compensation claim because most employees are at-will. However, wrongful termination due to retaliation for filing a claim is illegal. Examples of retaliation include poor performance reviews, negative actions, or firing.

Workers’ Rights and Employer Retaliation

- Protected Actions: Filing for workers' compensation is protected under Iowa law, but employers might still retaliate indirectly.
- At-Will Employment: Employers can terminate employees for any reason, provided it is not illegal. Proving wrongful termination requires evidence linking the termination to the workers' compensation claim.

Choosing Your Doctor for a Work Injury

Under Iowa law, employers and their insurance carriers typically choose the medical care providers for work-related injuries. However, there are significant caveats:

1. Authorized Care: The employer's insurance usually pays for authorized medical care. Seeking unauthorized care may lead to the denial of coverage.
2. Impairment Ratings: If you receive a low impairment rating, you have the right to a second opinion at the employer's expense, but the employer chooses the doctor.

Dissatisfaction with Provided Medical Care

If you are unhappy with the employer's chosen medical care, you can file a petition for alternate medical care. This process involves seeking approval from a judge to see a doctor of your choosing, potentially with legal assistance.

Refusing Recommended Medical Care

You have the right to refuse medical procedures recommended by the company doctor. However, refusing care can negatively impact your workers' compensation claim. It is advisable to discuss the implications with an experienced attorney before making such decisions.

Getting Legal Assistance In Cresco

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 Cresco 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.