Granger Workers Compensation Attorneys

Workers in Granger who are hurt on the job face a workers' compensation system full of confusing rules, insurance company tactics, and important deadlines. Whether you are considering a new job while you are still treating an injury, you just received a letter saying your case is closed, or you are facing shoulder decompression surgery, understanding your rights under Iowa law can make the difference between a fair outcome and a costly mistake.

What Happens to Your Workers' Comp Case If You Switch Jobs?

A workers' compensation case in Granger will remain open if you decide to switch jobs while you are still treating your injury. However, doing so can create serious problems. If you have additional issues at your new job, the workers' comp insurance company can try to blame your new employer for those problems and deny further medical care and treatment tied to your original injury. This can leave you in the difficult position of potentially having to file an entirely new claim. While switching jobs during an open workers' comp case is possible, it may not be the wisest choice. More than 20 changes were made to Iowa's workers' compensation laws in 2017, and many of them are unfavorable to injured workers, including several that apply directly to switching jobs mid-case.

Medical Care and Treatment

Technically, Iowa law provides lifetime medical care and treatment for work injuries. This sounds great, but it is not as great as it sounds. All the insurance company has to do is obtain an opinion letter from another doctor, one who does not even need to examine or meet you, stating that your current problems are not caused by the original work injury. That opinion gives the insurance company a legal basis to deny further medical care. This is exactly what an insurer is likely to do if a Granger worker changes jobs while still treating for a work injury. In some situations changing jobs may make sense, but usually not until you have reached maximum medical improvement and have been given permanent work restrictions.

Industrial Disability Analysis

There is often a significant difference in compensation between scheduled member injuries, such as those to the hands, feet, arms, legs, and eyes, and industrial injuries, such as those to the back, neck, or brain, or mental injuries following a physical injury. One of the major changes made in 2017 was that regardless of the type of injury sustained, if a worker remains employed by the same employer making the same or more money, they are limited to the functional impairment rating provided by the AMA Guides. These laws continue to be interpreted by Iowa's Workers' Compensation Commissioner and the courts. Under current case law, when an injured worker's employment ends with the employer where they were hurt, whether voluntarily or not, and the injury affects the body as a whole, the worker is generally entitled to an industrial disability analysis. This means that if a Granger worker voluntarily leaves the job where they were injured, their case could arguably be based on industrial disability. However, this is not always the best approach, since in some situations industrial disability could be valued lower than the functional impairment rating. Anyone in Granger considering voluntarily leaving the job where they were injured should speak with a qualified workers' comp attorney before making that decision.

Potential for a Different Settlement

If a Granger worker sustains a serious injury and ends up with permanent work restrictions, an employer may bring them back to work but would honestly prefer that the worker find employment elsewhere. Leaving a job under this scenario typically results in a smaller settlement than pursuing a settlement that includes a global release and mutual separation from employment. An employer and its workers' comp insurance company may be willing to offer more compensation if the worker agrees to leave the job as part of a settlement. Keep in mind that this generally requires closing the file entirely, including medical benefits and the right to reopen the case later.

Quitting Your Job

One of the worst decisions an injured Granger worker can make is quitting a job in the middle of workers' comp treatment. If you are off work and receiving temporary total disability benefits, those benefits will likely end once you quit. Filing for unemployment afterward can also be difficult, since you must be ready, willing, and able to work in order to qualify. Even workers who do qualify now face a reduced number of weeks they can collect unemployment, along with requirements to accept lower-paying jobs sooner or risk losing benefits.

Retiring or Discussing Retirement

Another trap built into the 2017 law changes involves retirement. An older Granger worker who chooses to retire while a workers' comp case is still pending may unknowingly give up thousands of dollars in compensation. Current law allows an employer and its insurer to use retirement as a primary factor when determining industrial disability compensation. Injured workers should avoid being pushed into retirement by an employer, supervisor, or even a doctor while a claim is pending, and should be cautious about discussing any retirement plans with anyone connected to the case.

What Does It Mean When Workers' Comp Closes Your Case?

Granger workers often hear an insurance adjuster say, "I am closing your case," and wonder what that actually means. In reality, these words from an adjuster mean very little on their own. Adjusters hope an injured worker will simply believe them and stop pursuing the claim further. Under Iowa law, workers hurt on the job generally have lifetime medical benefits for the injury. That sounds reassuring, but insurers often respond by denying further care and blaming ongoing symptoms on unrelated conditions like arthritis. Just because an adjuster says a case is closed does not mean you should accept that at face value.

Common Reasons a Case May Be Closed

Workers' compensation claims move through several stages, from the initial injury report through medical treatment and financial benefits. A case may be considered closed for reasons that include:

• Full recovery and return to work. If a doctor determines a Granger worker has fully recovered and can return to the job without restrictions, benefits may end.
• Maximum medical improvement (MMI). If a doctor concludes a condition is not expected to improve further, the case may be closed once the worker can return to work or no additional benefits are deemed necessary. Workers with a permanent impairment may still be entitled to ongoing benefits.
• Settlement agreement. Once the terms of a signed settlement are fulfilled, the case is typically considered closed.
• Denial of benefits. A claim may be denied for reasons such as insufficient evidence, a pre-existing condition, or an employer dispute regarding the injury.
• Missed deadlines or lack of action. Workers' comp claims involve strict deadlines for filing reports and documentation. Missing deadlines or failing to follow medical recommendations can lead to an administrative closure.

Your Options After a Case Is Closed

Just because a case has been closed does not mean a Granger worker has no further options. Steps that may still be available include:

• Appealing a denied claim. A worker can file a petition for reconsideration with the Iowa Workers' Compensation Commissioner and present additional evidence, such as medical records or witness statements.
• Seeking additional medical treatment. If a case was closed at MMI but the condition worsens, the claim may be reopened to receive further treatment or benefits, and an independent medical examination can help support that request.
• Reopening the case for permanent disability benefits. Workers with a permanent impairment may still be entitled to permanent partial or permanent total disability benefits after a case is closed.
• Challenging a settlement agreement. A worker who believes they were misled or pressured into signing a settlement may be able to dispute it under certain circumstances.

Are You Owed More Money?

A Granger worker may be owed significantly more in permanent partial disability benefits than what has already been paid, despite being told the case is closed. If you have been paid workers' compensation benefits, Iowa law allows up to three years from the date of your last payment to bring a petition for additional benefits. Being told your case is closed does not change what the law actually allows. Questions that often help determine whether a worker is owed additional benefits include when the injury occurred and when benefits were last paid, what type of injury was sustained, what permanent work restrictions have been imposed, whether a functional capacity evaluation was performed, whether an impairment rating was issued and by whom, whether the worker returned to their normal job at the same or greater pay, whether the worker was terminated or asked to leave because of the injury, and whether a prior scheduled member injury might qualify the worker for additional compensation under Iowa's Second Injury Fund.

Why Contact a Workers' Compensation Attorney

Navigating the system after a case has been closed can feel overwhelming. A knowledgeable attorney can help a Granger worker appeal a denied claim, gather and present medical evidence, negotiate with insurance companies, reopen a case for additional benefits, and pursue the compensation they are entitled to receive. During a workers' comp case, it helps to keep any letters from the insurance company along with medical records and reports, though these can also be obtained from the insurer at no cost under Iowa law if they are missing.

Shoulder Decompression Surgery and Workers' Compensation

Many Granger workers perform physically demanding jobs that require heavy lifting or reaching overhead, from farming and agriculture to painting and construction. Over time, the shoulder joint can wear down, and workers may develop shoulder impingement syndrome. Shoulder decompression is a type of surgery used to treat this condition, and under Iowa law, workers who undergo this procedure, or any other procedure, to treat a work-related injury are entitled to workers' compensation benefits covering their treatment.

Treating Shoulder Impingement

Shoulder impingement occurs when a bone in the shoulder rubs against the tendons and bursa, creating pain, and can lead to rotator cuff tendonitis or bursitis. Doctors typically try to manage the condition first with a combination of rest, pain medication, anti-inflammatory drugs, and physical therapy. If that initial treatment does not sufficiently manage the pain, doctors may recommend shoulder decompression surgery. These procedures are often performed arthroscopically, with a surgeon making a small incision, inserting a tiny camera to assess the damage, and shaving down the portion of bone causing the impingement. The surgery can also be performed as an open procedure, though arthroscopic treatment generally allows for a shorter recovery. Patients who undergo arthroscopic decompression often see their pain subside within a few weeks, while recovery from an open procedure can take several months.

Workers' Compensation Benefits for Shoulder Surgery

Workers' compensation covers injuries that happen at work or result from the work environment. Cumulative injuries, including many shoulder impingement cases, are compensable as long as there is direct causation between work conditions and the injury. Workers whose injuries qualify may receive medical benefits that cover the full cost of shoulder decompression surgery, along with related expenses such as medication or hospitalization. Coverage may also extend to physical therapy needed to rehabilitate the shoulder. Workers who suffer shoulder impingement may also qualify for disability benefits if they meet certain requirements.

Proving a Shoulder Injury Claim

An employer's workers' compensation insurance company may dispute that shoulder impingement resulted from work conditions. In these situations, a Granger worker can appeal to the Iowa Workers' Compensation Commissioner. Claims can be supported using medical records, testimony, and expert opinions. Having an attorney help prepare a shoulder injury claim can make a meaningful difference in securing the benefits owed under Iowa law.