Attorneys
- Eldora Workers Compensation Attorneys
- Phone: 641-792-3595
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A workplace injury can leave an Eldora worker facing more than just physical pain. Disputes over how an accident happened, whether a serious back injury requires surgery, and whether an employer can fire someone while they are recovering on light duty are all common concerns. Understanding your rights in each of these situations can help protect both your health and your workers' compensation claim.
Using Coworker Testimony in an Eldora Workers' Compensation Claim
When someone has been injured at work and there is a dispute concerning the accident, coworkers can be asked to testify in a workers' compensation claim. There is a place on the First Report of Injury or Illness form where workers can list a witness to the event that caused injury. Of course, employees who provide statements may worry about retaliation from the employer, so it is important for Eldora workers to understand their rights.
Why Coworkers May Be Hesitant to Testify
A coworker may refrain from testifying about a work accident because of the fear of being fired, harassment, demotion, or being subject to some other form of retaliation. But employees cannot get in trouble for sharing what they saw happen, especially where the safety of other workers is an issue.
Confirming How the Injury Happened
A coworker who witnessed a fall or a hazardous condition can support an Eldora worker's claim that an injury was work related.
Confirming the Severity of an Injury
If a treating physician releases an employee back to work too soon, coworkers who saw the injury occur, or saw a loss of consciousness, can help establish that the injury was more serious than described.
Providing Photos or Documents
Coworkers may have photographs of the area where the accident occurred, which can help substantiate what actually caused the injury.
Getting Help From an Attorney for a Workers' Comp Hearing
The nature of a dispute in a workers' compensation claim can vary from one person to the next. When it cannot be resolved, it may necessitate a hearing, in which ample evidence will be required. To ensure that an injured Eldora worker assembles everything necessary to help prove his or her side of the situation, an attorney can help identify coworkers who might provide valuable testimony and explain an injured worker's rights, as well as the responsibilities of an employer, including steps to take if there are concerns of retaliation because a coworker has agreed to provide testimony.
When an Eldora Workplace Accident Requires a Laminectomy
Back injuries are fairly common workplace injuries. Although most heal without invasive procedures, some are severe enough to require surgery. A laminectomy is one type of procedure performed, often stemming from spinal stenosis, or a narrowing of the spinal canal, that may be related to a herniated disk.
What a Laminectomy Involves
A laminectomy removes a part of the vertebrae, known as the lamina, to relieve the pressure placed on the nerves or spinal cord by a herniated disk or other projection that is narrowing the spinal canal. Although this can be done on any part of the spine, it is more often performed on the neck and lower back.
Surgery is usually a last resort. It is typically done when the patient's condition fails to improve with noninvasive treatment, such as medication, injections, or physical therapy. One or more of these noninvasive treatments can be skipped and treatment escalated if the pain gets progressively worse and significantly interferes with an Eldora worker's ability to function at work or perform daily tasks.
Recovery and Prognosis After a Laminectomy
Recovery will depend on several factors, one of which is any complication that may have occurred during the procedure. The type of surgery and extent of damage will also factor into recovery. Those who also required a spinal fusion or removal of a herniated disk may take longer to recover. The ability of an Eldora worker to return to their job will depend on the type of work performed. For instance, those who do more sitting will likely return sooner than someone who does lifting.
In general, recovery can take anywhere from a couple of weeks to several months. As far as prognosis, many experience significant improvement, but unfortunately, not everyone who undergoes a laminectomy will experience relief from symptoms. For some, the reprieve from pain is only partial or nonexistent, and for others, the pain returns later, which may necessitate a second surgery.
Workers' Comp Benefits for an Eldora Worker Who Undergoes a Laminectomy
As long as the reason for undergoing the surgery was a work related injury, workers' compensation will cover the medical expenses. For instance, an Eldora worker who suffered a herniated disk after falling off a ladder or getting struck by a heavy object may require a laminectomy that is covered by workers' comp.
Disability benefits depend on the specifics of the injury and time away from work. Workers who miss more than seven days of work may qualify for temporary total disability benefits. If a worker takes a lower paying job temporarily while recovering, temporary partial disability benefits might be available. If an Eldora worker is permanently and partially disabled, they will receive permanent partial disability benefits. The back is considered an industrial disability, so the number of weeks for which the worker receives these benefits depends on the impairment rating, along with other factors such as age, work experience, present medical condition, functional impairment, and earning capacity.
When a back injury is severe, there can be challenges obtaining fair workers' comp benefits, and there may be a dispute concerning the impairment rating. If these or any other problems arise, it is worth consulting with an attorney experienced in Iowa workers' compensation law.
Can an Eldora Worker Be Fired While on Light Duty?
Under Iowa law, unless you have a written employment contract, you are most likely an employee at will. This means that you can be fired at any time for any reason or no reason at all. However, if you are a union member you can file a grievance in an attempt to try to get your job back. Also, if your employer violates an employment law such as the Americans with Disabilities Act or the Family Medical Leave Act, you may be able to successfully get your job back by filing a complaint with the Equal Employment Opportunity Commission or the Iowa Civil Rights Commission.
There are short time limits to file these complaints, and specific rules to follow before potentially filing a lawsuit, so an Eldora worker should consult with an attorney who is qualified to discuss not only a workers' compensation case but also a potential employment law case.
Do Not Leave Your Job Voluntarily
Under almost no circumstances should an Eldora worker quit their job, resign, or agree to leave their job while a workers' compensation claim is pending. This can be devastating financially for a number of reasons, including that it will likely reduce the value of the workers' compensation case, the worker may not receive unemployment benefits, and the worker will likely not receive weekly workers' comp checks. If an employer wants an injured worker to leave the job, it is far better for the employer to be the one to fire the worker, since this can help the claim in a number of ways.
It is common for an insurance company to initially deny these benefits until an attorney explains the law and points out that the insurer may be subject to a penalty for failing to continue paying temporary total disability benefits.
Should an Eldora Worker File for Unemployment?
An Eldora worker should not immediately file for unemployment if an ongoing temporary total disability request is not granted. This is because a worker may be wasting their unemployment eligibility, since a person is not allowed to receive both temporary total disability and unemployment benefits at the same time. However, a worker can eventually receive unemployment and permanent partial disability benefits together if certain legal requirements are met. These requirements are very specific, and mistakes made without proper legal guidance can be difficult to fix after the fact.
It is also worth noting that even if Iowa Workforce Development says a worker does not qualify because they do not have enough work credits, that determination should not automatically be assumed correct. If an Eldora worker has missed three or more quarters while receiving temporary total disability, an attorney may be able to help file an appeal so that the correct quarters are used prior to the work injury in an attempt to obtain unemployment benefits. An unemployment claim is an important part of an overall workers' compensation case, and it can provide another source of income for a period of time while a claim is pending.
So while an Eldora worker can be fired while on light duty, there are several options that may be pursued with the right legal help in order to keep an income source, potentially get a job back, or obtain additional workers' compensation benefits.
Getting Legal Assistance In Eldora
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 Eldora 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.