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- Denison Workers Compensation Attorneys
- Phone: 641-792-3595
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Although you do not need an attorney to receive basic Iowa workers' compensation benefits, you do need one to maximize the value of your claim. Iowa workers' compensation laws are complex, and the insurance companies that administer these claims have experienced adjusters and attorneys whose job is to pay you as little as possible. A knowledgeable Denison workers' compensation attorney levels that playing field and ensures that you receive every benefit to which you are rightfully entitled.
Cervical Strain: A Common and Serious Work Injury in Iowa
One of the most frequent and painful injuries that Iowa workers experience on the job is a cervical strain. Whether it results from a slip and fall at a construction site, a jolt during a vehicle accident while making a delivery, or repetitive strain from physically demanding work, a cervical neck injury can drastically affect your ability to work and your overall quality of life.
What Is a Cervical Strain?
A cervical strain is an injury to the ligaments, tendons, and muscles in the neck. When soft tissue is damaged, blood can pool in the muscle tissue, which irritates the muscle and causes pain and spasms. Over time, that pooling of blood can lead to the formation of scar tissue, which alters the muscle structure, causes changes in soft tissue, and generates additional ongoing pain and spasms. Doctors often order an MRI to detect these muscle changes associated with a cervical strain.
The cervical disc can also be a source of pain connected to a cervical strain. When tiny tears develop in the disc, they place pressure on the surrounding joints, creating additional discomfort. Pain medication can sometimes be injected directly into the disc for temporary relief, but more significant treatment is often required for workers who hope to fully recover.
Signs and Symptoms of a Cervical Strain to Watch For
The pain from a cervical neck strain is typically sharp or shooting in character. Workers who have suffered this type of injury on the job should be aware of the following additional symptoms:
- Neck stiffness and limited range of motion
- Inability to move the neck normally
- Tingling and pain when moving the neck into certain positions
- Tissue swelling, which can make swallowing difficult
- Pain when chewing
- Dizziness
- A burning sensation across the neck and shoulders
- Shoulder pain radiating from the neck
If you have experienced any of these symptoms after a workplace incident, it is important to report the injury to your employer promptly and seek medical evaluation. A cervical strain that develops following a workplace injury is grounds for a workers' compensation claim in Iowa. Contacting an Iowa workers' compensation attorney will ensure you pursue all benefits to which you are rightfully entitled, not just the minimum an insurer is willing to volunteer.
Can Workers' Compensation Benefits Just Stop in Iowa?
One of the most alarming situations an injured Iowa worker can face is having their workers' compensation payments suddenly stop. The short answer is that workers' comp cannot simply stop without a legitimate legal reason. It is important to understand your rights as an injured employee so that you know when a termination of benefits is lawful and when it is not.
When Stopping Benefits May Be Legitimate
The most common and valid reason for workers' compensation benefits to stop is when the employee has returned to work and recovered sufficiently to resume normal job duties. Iowa law also allows benefits to be discontinued in other circumstances, but only after the employer or insurer provides the employee with a written notice at least 30 days in advance, along with a clear explanation for why benefits are being stopped. Two examples of circumstances that would require this notice include situations where the treating medical provider has indicated that no significant further improvement from the injury is anticipated, and situations where the employee is medically capable of returning to the same or a similar job.
Alongside any notice of termination, employees must also be informed of their right to file a claim with the Iowa Workers' Compensation Commissioner if they disagree with the decision. Stopping benefits without providing this required notice may itself be grounds for seeking legal advice and challenging the termination.
When Stopping Benefits Is Not Warranted
Not every termination of workers' compensation benefits is legitimate, and some employers or insurers will attempt to stop payments for improper reasons. A few examples of unwarranted terminations include the following situations:
An employer may attempt to fire an employee as a way of avoiding continued benefit obligations. This is not a valid basis for stopping benefits. While receiving temporary partial workers' compensation benefits or performing light duty work, an employer cannot terminate an employee as an act of retaliation in order to cut off payments.
Another improper reason to stop benefits is when the employer simply disagrees with the findings of the treating medical provider. There may be a dispute about the disability rating assigned, work restrictions recommended, or the doctor's conclusion that the employee is not yet ready to return to work. The employer or insurer's disagreement with those findings does not give them the right to stop benefits on their own. The medical provider's determination carries weight, and challenging it requires going through proper legal channels, not unilaterally terminating payments.
What to Do When Workers' Compensation Benefits Are Wrongfully Stopped
If your benefits are stopped without a valid reason, you may be entitled to interest or penalty benefits under Iowa law. Most disputes over workers' compensation benefits must be brought before the Workers' Compensation Commissioner. Like other forms of litigation, the dispute can go to a hearing where both sides present evidence. The case will need proof specifically addressing the wrongful termination of benefits.
While it is not legally required to have an attorney represent you at this hearing, it is almost always in your best interest to do so. Iowa workers' compensation laws are complicated, and an employee who is unfamiliar with the process and the rights afforded under Iowa law is at a significant disadvantage going up against an employer and their insurer's legal team.
An administrative law judge will make the final decision about whether stopping benefits was warranted. If the judge finds that benefits were wrongfully terminated, they will be reinstated. If the judge rules against you, it is still possible to appeal that decision. If you have not yet retained legal representation by that stage of the process, that is the time to do so without delay.
5 Things Insurance Companies Don't Want You to Know
Insurance companies are among the most powerful corporations in the United States. Each year they contribute millions of dollars to political campaigns in an effort to reduce the rights and compensation available to hardworking Iowans, all in the interest of increasing their own profits. What they cannot control, however, are the judges and juries that ultimately decide compensation when cases go to a hearing or trial. What follows are five critical things insurers prefer that injured Iowa workers never learn.
1. The insurance company is legally permitted to mislead you. There is no law requiring the insurance company for the other side to tell you the truth or act in your best interests. Insurance adjusters are trained to seem friendly and trustworthy, especially when your injuries are serious. This is sometimes called the "Mr. Nice Guy" or "Mrs. Nice Lady" routine, and its purpose is to build a false sense of trust while gathering information that can later be used against you. Adjusters receive promotions and bonuses for paying less than cases are worth. They are not going to tell you your rights, advise you on how to best pursue your claim, or do anything else that benefits you. If you are not ready to hire an attorney, at the very least request a copy of the Iowa Injury book available at no cost, so you understand what you are up against.
2. You are not required to give a recorded statement. Insurance adjusters will tell you they need a recorded statement in order to evaluate your claim. That is not true. You have no legal obligation to give the insurance company for the other side a recorded statement. The purpose of a recorded statement is to ask questions in a way that allows them to use your answers against you later. For example, if they ask whether you have ever had back pain before and you answer no without thinking, but your records show you saw a chiropractor ten years ago, the insurer's attorney will use that answer to damage your credibility. In workers' compensation cases, a non-recorded statement may be appropriate if the claim is still under investigation, but you should consult with a qualified injury attorney before speaking with an adjuster about anything.
3. Their "final offer" is usually not their best offer. During settlement negotiations, insurance companies often declare that a particular number is their final offer. Based on extensive experience handling these claims, that is usually not accurate. There is nothing to lose by making a counter-proposal. It is highly unlikely the insurer will withdraw all offers simply because you pushed back. In some cases, you may need to file a formal claim and go through the process before you ever see what the insurer is truly willing to pay.
4. They will intentionally frustrate you. When the friendly approach fails, insurers sometimes shift to deliberate frustration as a strategy. They understand that making a very low initial offer will upset you, and they know that a certain percentage of injured workers will accept a lowball settlement just to end the process and stop dealing with the adjuster. If you have sustained a serious injury that may have lifelong effects on your health and ability to work, do not let frustration drive your decision-making. Experienced injury attorneys deal with insurance adjuster tactics every day. When you hire an attorney, they handle all communications with the insurer so you can focus on your recovery.
5. In personal injury cases, they will not pay your medical bills as they come in. Insurers often tell injured workers to send medical bills directly to them. But telling you to send bills is not the same as agreeing to pay them. This is a deliberate strategy designed to put financial pressure on you through collection calls and unpaid accounts, making you more likely to accept a low settlement offer just to resolve the situation. In car accident and personal injury cases, it is far better to have medical bills paid through your own health insurance and any medical payments coverage under your auto policy. The insurer's promise to handle the bills is not one you can rely on, sometimes for years while the case is still pending. For more detail on how medical bills should be handled following a work injury or accident, request a copy of the free Workers' Compensation Injury Book available at no cost through Walker, Billingsley & Bair.
Getting Legal Assistance In Denison
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 Denison 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.