DeWitt Workers Compensation Attorneys

A workplace injury can upend your life without warning. Whether you slipped on a factory floor, suffered a fracture at a construction site, or developed a painful condition over weeks of repetitive work, the questions that follow can be just as overwhelming as the injury itself. How do you report it? What benefits are you entitled to? What happens if your employer or their insurance company pushes back? For workers in DeWitt and throughout Clinton County, understanding the Iowa workers' compensation system from the beginning is the best protection you have.

This article covers three critical areas every injured Iowa worker should understand: what steps to take immediately after a workplace injury, what benefits the Iowa workers' compensation system provides, and how serious fracture injuries requiring treatment like external fixation are handled under Iowa workers' comp law. The goal is to make sure you know your rights before the insurance company has a chance to take advantage of the fact that you do not.

What Is a Workers' Compensation Case in Iowa?

Let's start at the very beginning. A workers' compensation case in Iowa is any type of claim where a person has been injured or killed while on the job. The legal requirement is that the work injury arose out of and in the course of employment. The law does not require that a person be compensated for every work injury. You must be able to prove that you were on the job and working when you were injured.

There are important nuances to keep in mind. Falling in your employer's parking lot, for example, is generally considered a work injury. Horseplay, on the other hand, is typically not. Additionally, under Iowa law, you need only prove that a work injury caused a material and substantial aggravation of a preexisting condition for it to qualify as a compensable work injury. That means just because you have had a prior injury to the same body part does not automatically disqualify you from receiving benefits.

There is also an additional layer of protection worth knowing about. If you previously sustained a scheduled member injury, such as an injury to an arm or leg, whether or not it was work-related, and then sustain another scheduled member injury at work, you may be entitled to additional benefits under the Iowa Second Injury Fund. If you qualify, the extent of your permanent disability benefits will be calculated based on the factors used when determining industrial disability, similar to back, shoulder, neck, or brain injuries.

What to Do Immediately After a Work Injury in DeWitt

The steps you take in the hours and days immediately following a workplace injury can have a significant impact on the success of your workers' compensation claim. Iowa law technically gives you up to 90 days from when you knew or should have known that your condition was work-related to report the injury to your employer. However, waiting creates serious problems. The best course of action is to report your injury right away.

Reporting the injury typically involves filling out an accident report form with your employer. If a supervisor pressures you not to report an injury you sustained on the job, you should consider going to another supervisor or directly to your human resources department. Failing to report a work injury in a timely manner can make it significantly harder to win your case down the road.

What If You Did Not Realize the Injury Was Work-Related Right Away?

It happens frequently: an injured employee does not connect a medical condition to their work activities until they see a doctor. If this happens to you, talk to your physician about your symptoms and what your job requires physically. Providing your doctor with a copy of your job description can be extremely helpful. Based on the information you provide, your doctor may be able to establish that your medical condition is work-related even before you have formally reported anything to your employer.

What If Your Condition Developed Gradually Over Time?

Not all work injuries happen in a single traumatic moment. It is fairly common for workers with what is known as a cumulative trauma injury to not report a work injury the first time they feel pain. Cumulative trauma means an injury that develops over a period of hours, days, or weeks. If you sustained a cumulative trauma injury as a result of your work activities, under Iowa workers' compensation law you have a compensable injury, meaning your employer and their insurance company should be responsible for covering it.

What to Do When Your Doctor Confirms a Work-Related Injury

If your doctor states that your medical condition is likely work-related, you should notify your employer promptly and provide a copy of the relevant medical records. At that point, your employer will likely investigate your work injury and may send you to their own physician for an evaluation. If at any point during this process you have questions or feel confused about what is happening with your claim, consult with an experienced Iowa workers' compensation attorney. If your claim has been denied, do not simply accept the insurance company's decision and walk away. Consult an attorney about the specific facts of your case before giving up on your right to benefits.

The Three Types of Workers' Compensation Benefits Available in Iowa

Once your injury is established as work-related, either because the insurance company admitted the claim or because you proved it, Iowa workers' compensation law provides three basic categories of benefits. Understanding what each one covers is essential to making sure you receive everything you are owed.

Medical Benefits

If your claim is admitted as work-related, or if you successfully prove it is work-related, you have lifetime medical benefits to treat your work injury. This is one of the most important and least understood provisions of Iowa workers' comp law. The insurance company does have the right to choose your medical provider when the claim is admitted, subject to certain exceptions. If a treating physician is designated, the insurer is generally required to pay for all medical care and treatment recommended by that physician, including any referrals to specialists. However, insurance companies do not always follow the rules, which is why an alternative medical care process exists and is explained in detail in the Iowa Workers' Compensation Insider's Guide available at no cost.

Temporary Total Disability and Healing Period Benefits

If you are unable to work due to your work injuries, you should receive a weekly check while you are off work. However, this benefit depends on a few important conditions. Generally, it must be a doctor chosen by your employer or the insurance company who formally removes you from work. If that doctor places you on restrictions but does not take you completely off work, it is your responsibility to contact your employer and make yourself available to work within those restrictions. If your employer cannot accommodate your restrictions, you would then receive weekly workers' compensation checks. These checks should continue until you reach maximum medical improvement and are released from care, or until you are able to return to work without restrictions.

If you return to work with restrictions but are earning less money because you have fewer hours or are working in a lower-paying position, you should receive Temporary Partial Disability (TPD) benefits. TPD represents two-thirds of the difference between your pre-injury average weekly wage and your current earnings. For example, if your average weekly wages before the injury were $750 and you are now earning only $300 per week, you would receive your work wages plus $300 in weekly workers' compensation benefits, calculated as $750 minus $300 equals $450, multiplied by two-thirds, which equals $300.

Permanent Partial Disability Benefits

At some point, the treating doctors will determine that you have healed as much as is possible. This is known as reaching maximum medical improvement, or MMI. Once you reach MMI, your benefits transition from temporary to permanent. If your medical condition has fully healed with no lasting problems, you likely do not have a claim for permanent disability benefits. However, if you are left with a permanent impairment rating or permanent work restrictions, you are likely owed permanent partial disability benefits. The amount of PPD benefits owed is based on many different factors that require the knowledge of a workers' compensation attorney who understands Iowa's specialized workers' comp laws in detail.

Fractures at Work: When External Fixation Becomes Necessary

Some of the most serious injuries that DeWitt area workers sustain on the job involve broken bones. Fractures can result from slips and falls, falls from heights, vehicle accidents, and being struck by falling objects on a construction or industrial site. When a fracture is severe, a doctor may recommend external fixation as a treatment method, and it is important to understand what that involves and how Iowa workers' compensation covers those costs.

What Is External Fixation?

External fixation is a method in which doctors immobilize broken bones using a device that includes screws and pins inserted into the bones on either side of the fracture, with clamps and rods securing those pins on the outside of the body. This is how it differs from internal fixation, which uses only hardware placed inside the body. Although external fixators are partly external devices, they are not the same as splints or casts because they involve pins that are actually inserted into the bone itself.

The bone is stabilized in this manner for as long as is medically necessary. In the case of a simple fracture, a patient may need the fixator attached for several weeks. In more complex fracture cases, the device may remain in place for as long as a year to allow the bone to heal properly. The external frame can protect the fractured bone and hold it in the correct position throughout the healing process.

When Does a Doctor Use External Fixation?

External fixation is not used in every fracture case. Your doctor will evaluate your specific injury and determine the most appropriate treatment approach. Doctors frequently turn to external fixators when a patient has suffered multiple injuries and is not yet medically stable enough to undergo surgery for a more permanent repair. The device provides crucial stability until surgery can safely take place. In other cases, the external frame remains in place until the bone has healed completely without the need for additional procedures.

What to Expect During and After an External Fixation Procedure

External fixation procedures are typically performed under general anesthesia, which carries its own set of risks. You can expect to experience discomfort for several days following the procedure. Your doctor may recommend exercises and outpatient therapy to help keep your muscles strong during the period of immobilization. You will also receive specific instructions for properly caring for the external fixation device at home, and it is important to follow those instructions carefully.

As with any surgical procedure, external fixation carries a risk of complications. These can include a pin becoming loose, which may interfere with proper bone healing, and infections at the site where the pins are inserted through the skin. Patients should always discuss the procedure and all possible complications thoroughly with their treating physician before proceeding.

How Iowa Workers' Compensation Covers External Fixation Costs

The cost of external fixation treatment can be substantial, and many injured workers in DeWitt feel anxious about how those bills will be paid. Fortunately, workers' compensation in Iowa pays for all medical costs required to treat a work-related injury for as long as treatment is necessary. This explicitly includes the cost of external fixation procedures. Your benefits also cover doctor fees, additional surgeries, and the cost of medications prescribed in connection with your injury. Beyond medical coverage, you may also be entitled to disability benefits depending on the extent of your injury and the degree of permanent impairment you are left with once you reach maximum medical improvement. For more detail on how those disability benefits work, read about permanent partial disability benefits in Iowa workers' compensation cases.

Getting Legal Assistance In DeWitt

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 DeWitt 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.

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