Guttenberg Workers Compensation Attorneys

Recovering from a work injury in Guttenberg is stressful enough without having to worry about whether your employer can force you back to work too soon, who is going to pay your medical bills, or how to get fair treatment for a painful neck injury. Here is what Guttenberg workers need to know.

Can Your Employer Force You Back to Work After Surgery?

The answer to this question depends upon several things, including what restrictions your surgeon has given you. If the treating authorized surgeon says you are not able to work, then no, you should not be forced to return to work, and instead should receive weekly workers' compensation benefits so long as the insurance company has admitted that your work injury is related to your work activities.

If your doctor says to return to work with restrictions, for example light duty work restrictions that include lifting up to 25 pounds, then yes, you should contact your employer and provide them with a copy of your work restrictions. You should also make it clear that you are ready, willing, and able to work within the restrictions provided. If your employer offers you work, you need to at least try to do the job. Keep a copy of your work restrictions with you, and if you are asked to work outside of those restrictions, show your employer written proof about what you can and cannot do. If you have difficulties doing your work even within your restrictions, notify your employer and also contact your surgeon about the problems you are having. This will often result in you talking to the doctor's nurse, but if you are not satisfied, ask to schedule an appointment with the doctor, since they can change your restrictions if you are having issues working within them.

If your employer does not offer you work, then you or your work injury attorney should contact the insurance company to notify them that you should be receiving weekly temporary total disability benefits, since the employer does not have work within your restrictions.

Regardless of what is true, if you do not accept work within your restrictions, your employer will always argue that regardless of what your permanent restrictions end up being, they would have accommodated them. So while you cannot be forced to return to work, there are consequences given the facts of your case that could result in having no income, being denied unemployment, and ultimately damaging the value of your Guttenberg claim. Return to employment with restrictions is a very important part of your case.

How Medical Bills Are Paid for Guttenberg Workers' Comp Claims

Iowa is an employer choice state, which generally means that the employer and their insurance company get to choose the medical providers that injured workers go to. With this in mind, they are also supposed to pay the medical bills for the providers they choose. The biggest issue for medical providers is making sure they are an authorized provider. If a provider is not authorized, chances are very high that the workers' compensation insurance company will not pay their bill, and the provider will have to look for payment elsewhere, which can mean submitting the bills to the patient's health insurance or seeking payment directly from the patient.

What Happens if Your Guttenberg Claim Is Denied?

If your workers' compensation claim has been denied, you should have received a letter stating so. Your medical provider can ask for a copy of that letter for their records. Under Iowa Code Section 85.38(2)(a), if an employer denies liability for payment of medical services and the employee is a beneficiary under an individual or group health plan for non-occupational illness, injury, or disability, that non-occupational plan cannot deny payment for the medical services simply because the employer's liability is unresolved. In other words, if your Guttenberg work injury claim has been denied, Iowa law provides that your own health insurance company must still pay for your medical care and treatment.

Authorized Providers and Billing Disputes

A medical provider should have in writing that their care and treatment is authorized and approved by the workers' compensation insurance company. However, even for authorized providers, many insurance companies will audit the bill and reduce the amount of payment the provider receives. Some providers will then try to bill the injured worker for the difference between what they charged and what they were paid, which is not allowed under Iowa law. If there is a dispute about the reasonable charge for medical care, the medical provider and the insurance company can take their dispute before the Iowa Workers' Compensation agency. This should not be a dispute the injured worker is involved in.

Cervical Strain Injuries Among Guttenberg Workers

A cervical strain sustained on the job can drastically affect your work performance and could lead you to seek the assistance of an Iowa workers' compensation attorney. Although you do not need a lawyer to get Iowa workers' comp benefits, you do need a lawyer to maximize the value of your claim.

The Anatomy of a Cervical Strain

If you have been experiencing neck pain, you may have a cervical strain, which is an injury to the ligaments, tendons, and muscles in your neck. Soft tissue injuries can damage blood vessels, causing blood to pool in muscle tissue, which will irritate the muscle and cause pain and spasms. The pooling of blood can also cause scar tissue, which can alter muscle structure, causing changes in soft tissues and spurring additional pain and spasms. An MRI is often ordered to detect muscle changes related to a cervical strain. Your cervical disc could also be a cause of pain related to cervical strain when tiny tears in the disc place pressure on your joints. For temporary relief, pain medication can be injected into the disc.

Signs and Symptoms of a Cervical Strain

The pain of a cervical neck strain is often sharp or shooting.

A cervical strain that developed after a workplace injury will necessitate a claim for Iowa workers' comp benefits. Whether you tripped at a job site or jolted your neck in a work-related vehicle accident in Guttenberg, if you suffered a neck injury, you should speak with an Iowa workers' compensation attorney for assistance pursuing all benefits to which you are rightfully entitled.