Humboldt Workers Compensation Attorneys

A serious work injury can upend every aspect of your life in an instant. For workers in Humboldt, Iowa, dealing with a severe back injury, navigating medical restrictions on the job, or facing termination while a workers' compensation claim is still open are all situations that demand experienced legal guidance. Iowa's workers' compensation system is complicated, and employers and their insurance carriers know the law well enough to use it to their advantage. Understanding your rights before problems arise, or as soon as they do, can mean the difference between recovering the full benefits you are owed and losing thousands of dollars you cannot afford to give up.

Serious Back Injuries at Work and When a Laminectomy Becomes Necessary

Back injuries are among the most common workplace injuries in Iowa. While many heal without the need for invasive procedures, some are severe enough to require surgery. A laminectomy is one surgical procedure that may become necessary following a serious workplace accident, often stemming from spinal stenosis or a herniated disk that has narrowed the spinal canal and placed damaging pressure on the nerves or spinal cord.

What Is a Laminectomy?

A laminectomy is a surgical procedure that removes a portion of the vertebrae, specifically the lamina, to relieve pressure placed on the nerves or spinal cord by a herniated disk or other structure narrowing the spinal canal. While a laminectomy can be performed on any part of the spine, it is most often performed on the neck or lower back. In some cases, a spinal fusion is performed at the same time to ensure the spinal column remains stable afterward. If a herniated disk is present, the surgeon may also remove the damaged disc during the procedure.

Surgery is generally considered a last resort and is typically recommended only when a patient's condition fails to improve with noninvasive treatments such as medication, injections, or physical therapy. However, if pain becomes progressively worse and significantly interferes with the ability to function at work or perform daily tasks, one or more of those noninvasive steps may be bypassed in favor of escalating to surgery sooner. Severe symptoms that could necessitate a laminectomy include:

• Severe or persistent pain
• Weakness or numbness in the legs
• Bladder or bowel dysfunction
• Unsteadiness when walking

Recovery After a Laminectomy

Recovery following a laminectomy depends on several factors, including any complications that may have occurred during the procedure, the type of surgery performed, and the overall extent of the damage. Workers who also required a spinal fusion or removal of a herniated disk may face a longer recovery period. In general, recovery can range from a couple of weeks to several months. A worker's ability to return to their job will depend heavily on the type of work they perform. Those who work primarily at a desk or perform limited physical tasks will likely be cleared to return sooner than those whose jobs require lifting, bending, or other physically demanding activities.

As far as prognosis, many patients experience significant improvement following a laminectomy. However, not everyone will find full relief from symptoms. For some, the improvement is only partial, or the pain returns at a later point, which may necessitate a second surgery. These long-term outcomes are exactly why workers who undergo this procedure need knowledgeable legal representation to ensure their workers' compensation benefits fully account for the road ahead.

Workers' Compensation Benefits for Laminectomy Patients

As long as the need for surgery stems from a work-related injury, workers' compensation is required to cover the associated medical expenses. For example, a worker who suffered a herniated disk after falling from a ladder or being struck by a heavy object may require a laminectomy that is fully covered under their workers' comp claim.

Disability benefits will depend on the specifics of the injury and the amount of time the worker is away from work. Workers who miss more than seven days of work may qualify for temporary total disability (TTD) benefits. If a worker is able to return to a lower-paying position temporarily while still recovering, temporary partial disability (TPD) benefits may be available to help bridge the wage gap. If the worker is left permanently and partially disabled, they will receive permanent partial disability (PPD) benefits. Because the back is classified as an industrial disability under Iowa law, the number of weeks for which a worker receives PPD benefits is based on their impairment rating. Beyond impairment rating, PPD benefits also take into account:

• Age
• Work experience
• Present medical condition
• Functional impairment
• Earning capacity

When a back injury is severe, disputes over impairment ratings and benefit levels are common. If you are facing challenges securing fair workers' compensation benefits after a serious back injury in Humboldt, consulting with an experienced Iowa workers' compensation attorney is an essential step.

What Happens if Your Employer Will Not Follow Your Work Restrictions?

One of the more common and frustrating situations injured workers face is returning to the job with medical restrictions, only to find that their employer is not honoring those limitations. This problem can arise because of an aggressive supervisor who prioritizes getting work done over an employee's health, or simply because communication between the human resources department, the treating doctor, and workplace supervisors has broken down. Either way, being asked to perform tasks that exceed your restrictions puts your health and your workers' compensation claim at serious risk.

Keep a Copy of Your Restrictions on Your Person

Any time you have work restrictions, whether they are temporary or permanent, keep a written copy of those restrictions with you at work. If a supervisor or coworker asks you to perform a task that exceeds your limitations, you can immediately show the written documentation. This step alone often resolves the issue on the spot and prevents it from recurring. It is also important to proactively inform any new supervisor or person placed in authority over you about your restrictions, so they are aware from the start and can plan around them accordingly.

Notify Your Employer and Contact Your Doctor

If you are working within your restrictions but still experiencing problems or pain, notify your employer about the difficulties you are having and reach out to the doctor who issued your restrictions. Your doctor will likely want to see you for a follow-up appointment to determine whether your restrictions need to be adjusted. Open communication with both your employer and your medical providers is essential to protecting both your health and the integrity of your claim.

What to Do if You Sustain a New Injury at Work

If you sustain a new injury while performing your job within your established restrictions, it is critical that you report that injury to your employer immediately. Waiting several days or weeks before reporting can make it significantly more difficult to establish that the new injury is a separate event rather than a continuation of your prior work injury. Timely reporting protects your rights and preserves your ability to pursue benefits for the new harm you have suffered.

Can Your Employer Fire You While You Are on Workers' Comp?

This is one of the most alarming questions that injured workers ask, and the answer may come as a shock. Under Iowa law, you are an employee at will. This means your employer can terminate your employment for any reason or no reason at all, including while you are receiving workers' compensation benefits. Being on workers' comp does not automatically protect your job.

There may be some protections available to certain workers under the Family Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), or through a collective bargaining agreement with a union. However, these laws do not prevent a termination from occurring. What they may allow, in certain situations, is for you to seek to get your job back at a later date, along with potentially additional damages. For more information on these protections, visit the article on Iowa workers' compensation and ADA violations.

Why You Were Fired Matters Enormously

The reason behind a termination is critically important in a workers' compensation case. If you were fired because you failed to show up for work without a doctor's excuse, this can seriously damage your workers' comp case. On the other hand, if you were terminated because you reached maximum medical improvement (MMI), were given permanent work restrictions, and your employer was unwilling or unable to accommodate those restrictions, this situation may work in your favor and may open the door to additional remedies.

Employers are aware of how the law works and will often attempt to frame a termination as being unrelated to the work injury in order to minimize the compensation they are required to pay. Common reasons employers cite include claims that the worker failed to perform their job properly, was frequently late, missed work for personal reasons, or committed some form of employment misconduct. Just because your employer claims you were fired for one of these reasons does not mean that claim is accurate or that it will hold up when scrutinized by an experienced attorney.

In 2017, legislation significantly reduced compensation available to injured workers in Iowa in several respects, including situations where an offer of employment is made to a worker with restrictions. Employers understand these legal changes and will actively look for ways to use the new rules to reduce what they owe. Attempting to navigate this area of the law on your own creates a serious risk of losing thousands of dollars in compensation. To learn more about your rights when facing termination during a workers' comp case, read the related article on whether you can be fired while on light duty.

One of the Worst Mistakes an Injured Worker Can Make

One of the most damaging things an injured Humboldt worker can do for their workers' compensation case is refuse to perform work that has been offered to them within their restrictions. Even if you are uncertain whether you will be physically able to do the job, you must be ready, willing, and able to attempt the work that is within your medical limitations. Refusing a legitimate offer of work can severely harm your ability to recover the benefits you are otherwise entitled to receive.

Filing for Unemployment After a Work Injury Termination

If you are terminated while your workers' compensation claim is still open, you may want to consider applying for unemployment benefits. However, there is a right way and a wrong way to approach this, and the timing matters significantly.

You Must Be Ready, Willing, and Able to Work

A basic requirement for unemployment eligibility is demonstrating that you are ready, willing, and able to work. Importantly, you do not have to certify that you can return to your previous job. You only need to show that there is work available in the open labor market that you are capable of performing given your current restrictions. Before any phone interview with Iowa Workforce Development, take time to think through and write down the types of jobs you believe you could perform given your physical limitations.

Work Credits and How a Work Injury Affects Them

To qualify for unemployment benefits, you must have sufficient quarterly work credits. If you were off work for three or more quarters because of your work-related injury, Iowa Workforce Development is supposed to skip those quarters and look at the period before your injury to assess your eligibility. In practice, this step is often handled incorrectly, and workers receive notices stating they do not qualify due to insufficient credits. If this happens, you need to respond promptly by providing the correct documentation, including your first report of injury, a letter from the workers' compensation insurance company confirming TTD and PPD paid, and medical records showing your date of MMI. For additional information on TTD and PPD benefits, visit the related article.

Timing Your Unemployment Filing Carefully

Under Iowa law, you cannot receive both temporary total disability benefits and unemployment benefits at the same time. Filing for unemployment too early in your workers' compensation case means you may be using up benefits that could otherwise have been preserved for a later point in time. However, if your workers' comp claim has been denied and your employer is not offering you any work, it may make sense to file for unemployment at that stage. Given how easily this decision can go wrong, speaking with an attorney before making that move is strongly advised.

Getting Legal Assistance In Humboldt

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 Humboldt 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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