- Fort Dodge Workers Compensation Attorneys
- Phone: 641-792-3595
- Directions
When workplace injuries occur, navigating the legal complexities can be overwhelming. That's where our Fort Dodge workers' compensation attorneys come in. Whether you were injured at Cargill, UnityPoint, Iowa Central, Public Works, Correctional Facilities, Fort Dodge Schools, Hormel, or Valero, our dedicated experts will advocate for injured workers' rights, ensuring fair treatment and proper compensation.
Can the Insurance Company Close My Workers' Comp Claim?
The short answer is no, an insurance company cannot close your workers' compensation claim without your agreement to a settlement. This includes signing settlement paperwork and having it approved by the workers' compensation agency. However, it's a common tactic for insurance adjusters to tell you they're closing your file to either:
1. Pressure you into accepting a settlement for less than you are owed.
2. Convince you to do nothing, resulting in not receiving the compensation you might be entitled to.
Important Note: In Iowa, like most states, there are statutes of limitations for filing workers' comp claims. In Iowa, the general statute of limitations is two years from the date of injury, but this can be extended if you are paid TTD (temporary total disability), TPD (temporary partial disability), and/or PPD (permanent partial disability) benefits. Always consult a qualified Iowa workers' comp attorney well before the two-year mark to ensure you don't miss out on potential compensation.
Common Insurance Adjuster Tactics
Insurance adjusters use various techniques to minimize the payout to injured workers. Here are a few:
1. Letter Detailing Payments and Future Payments:
An insurance adjuster may send you a letter outlining how much they have paid and how much they will pay based on your functional rating. This may seem like the end of your case, but it often isn’t. If you disagree with the functional impairment rating or if your injury has affected your income, you may be entitled to more compensation.
2. Lump-Sum Payment Offer:
Adjusters may offer a lump-sum payment for your functional impairment rating in exchange for signing documents that close your medical coverage and file. This generally isn't advisable without consulting an attorney, as it means no future medical care for your work injuries and no additional compensation if your condition worsens.
3. Abrasive Behavior and Denial Letters:
Adjusters might accuse you of being injured outside of work and issue a denial letter. A denial doesn’t mean they are correct, and you should contact a work comp attorney if your claim is denied.
Specifics for Employees of FedEx, UPS, USPS, and Other Corporations
If you're injured while working for companies like FedEx, UPS, or Amazon, you're covered by state workers' compensation laws. However, if you work for the USPS or another federal entity, your case falls under FECA (Federal Employees’ Compensation Act), a different federal system. For FECA claims, visit www.FecaAttorney.com as we handle only Iowa workers’ compensation cases.
Steps to Take After a Workplace Injury
For corporate employees, here are crucial steps to protect your rights and avoid costly mistakes:
1. Report Your Injury:
Report your work injury to your employer immediately and in writing. Keep a copy of the report for your records.
2. Be Ready to Work:
If released to work with restrictions, notify your employer and adhere to these restrictions to avoid losing benefits.
3. Continue Medical Treatment:
Follow through with medical treatments as recommended by your doctor, even if there are delays in approval from workers' compensation.
4. Follow Doctor’s Orders:
Adhere to your doctor’s restrictions at work and home. Insurance companies may conduct surveillance, and violating restrictions can damage your credibility and case.
5. Work Within Restrictions:
Don’t work outside your medical restrictions. Keep a copy of your work restrictions handy to show your employer if needed.
6. Avoid Discussing Retirement:
Discussions about retirement can be used to reduce your compensation. Be cautious and consult with an attorney.
Workers’ Comp and Workplace Injuries Requiring a Laminectomy
Back injuries are common, and some may require a laminectomy—a surgery to remove part of a vertebra to relieve spinal pressure. This procedure is usually a last resort after noninvasive treatments fail.
Symptoms Necessitating a Laminectomy:
- Severe, consistent pain
- Weakness or numbness in the legs
- Bladder/bowel dysfunction
- Unsteadiness while walking
Recovery and Prognosis:
Recovery varies based on the surgery type and complications. Workers in less physically demanding jobs may return to work sooner. Recovery can take weeks to months, and while many experience significant improvement, some may need additional surgeries.
Workers' Comp Coverage:
If the surgery stems from a work-related injury, workers' comp covers medical expenses. Disability benefits depend on the injury specifics and recovery time. Workers missing more than seven days may qualify for TTD benefits, while those taking lower-paying jobs during recovery might receive TPD benefits. Permanent partial disability (PPD) benefits depend on the impairment rating and other factors like age, work experience, and earning capacity.
Getting Legal Assistance In Fort Dodge
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 Fort Dodge 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.