Ida Grove Workers Compensation Attorneys

Workers in Ida Grove who are hurt on the job or who develop a condition because of repetitive tasks at work are entitled to workers' compensation benefits under Iowa law. Unfortunately, getting those benefits is not always simple. Employers may downplay a claim, insurance adjusters may look for reasons to reduce or deny payments, and injured workers are often left trying to understand a complicated system while they are also trying to heal. If you were injured at work in Ida Grove, understanding how the process works, what can go wrong, and why the insurance company is not automatically on your side can help you protect your rights.

Workplace Injuries Can Include Musculoskeletal Disorders Like Tarsal Tunnel Syndrome

Not every work injury in Ida Grove happens because of a single dramatic accident. Many injuries develop gradually because of repetitive motion, poor ergonomics, or improper work practices. These are known as musculoskeletal disorders, or MSDs, and they include sprains, strains, tears, and other connective and soft tissue disorders. According to the United States Bureau of Labor Statistics, there were 2,530 cases of work related MSDs reported in Iowa in 2020 alone.

One example of an MSD that Ida Grove workers can develop on the job is tarsal tunnel syndrome. This condition is very similar to carpal tunnel syndrome, but it affects the ankle rather than the wrist. The tarsal tunnel is a narrow opening on the inside of the ankle that protects arteries, veins, tendons, and nerves, including the tibial nerve. When the ligaments in this tunnel become inflamed and swollen, or when a bone spur or cyst forms within the tunnel, the resulting compression on the tibial nerve can cause significant pain that radiates from the ankle through the foot.

Symptoms of tarsal tunnel syndrome include tingling or burning sensations that can feel like an electric shock, shooting pains, and numbness. Workers who suffer from this condition often notice that the pain worsens after long periods of standing or walking, and the discomfort tends to increase as the day goes on. It can become especially painful at night.

What Causes Tarsal Tunnel Syndrome at Work?

Several work related practices and lifestyle factors can lead to tarsal tunnel syndrome. Workers with flat feet may be more susceptible to developing the condition. It can also be caused by a bad sprain, standing for long periods of time such as in a retail or service job, repetitive motion such as working a pedal or clutch, or excessive pivoting of the foot. For Ida Grove workers whose jobs require them to stand for extended shifts or perform repetitive foot and ankle movements, this is a real risk that deserves attention if symptoms appear.

Treatment for Tarsal Tunnel Syndrome

The good news is that tarsal tunnel syndrome can be treated in most cases. After a physician diagnoses the condition through a physical exam and imaging tests, the patient is typically advised to keep the ankle immobile and apply ice to control the swelling. Pain is generally managed with over the counter medication, and physical therapy is often prescribed. Workers should avoid activities that aggravate the pain. In some cases, surgery may be necessary to relieve pressure on the nerve.

Ida Grove workers who are injured on the job or who develop a condition like tarsal tunnel syndrome because of a repetitive workplace task are entitled to workers' compensation benefits. These benefits include medical coverage for treatment as well as disability benefits that provide income while the worker is unable to work, or while the worker is earning lower wages than before the injury because of the condition.

What Happens When Workers' Comp Payments Stop in Ida Grove

One of the most stressful situations an injured Ida Grove worker can face is having workers' compensation payments stop unexpectedly. There are several steps a worker should take when this happens.

First, determine whether all payments owed have actually been received. If a worker was off work for a period of time and has made a full recovery, that time off is generally owed as workers' compensation. However, if payments were made during time off but a permanent injury remains, additional benefits are likely owed as well.

Second, consider current work status. If a worker is not currently working, filing for unemployment benefits may be worth considering, but it is important to understand that a worker cannot receive temporary total disability, known as TTD, payments at the same time as unemployment benefits. Permanent partial disability, known as PPD, can be received at the same time as unemployment. Filing for unemployment while receiving TTD is not advisable since the two cannot be collected together. If unemployment is filed and denied, it may be time to speak with a workers' compensation attorney who can also assist with the unemployment claim.

Third, do not rush into a settlement with the insurance company without understanding the true value of the case. In some situations, a worker who has returned to their prior wages with no permanent problems may be able to handle a case without an attorney. However, trying to settle on your own can be risky, since the insurance company will almost always want a closed file, meaning no further medical care and no further benefits, even if the worker is later terminated because of the injury. It is worth noting that if a worker has received a TTD or PPD check, the statute of limitations under Iowa law is generally increased to three years from the date of the last payment, though exceptions apply.

Common Reasons Workers' Comp Payments Are Stopped

There are several reasons an Ida Grove worker's benefits may stop, including:

• TTD payments have been paid in full and the worker has returned to work.
• The worker is back at work while waiting on a functional impairment rating. Since July 1, 2017, insurance companies are allowed to delay payment for the impairment rating until the worker has reached maximum medical improvement, known as MMI, and can be given a rating. Some doctors will not issue a rating until at least a year after MMI is reached.
• The claim is being denied, sometimes after an independent medical examination, or IME, that concludes the condition is not work related. In some cases the insurance company only sends medical records, without an in person exam, to a doctor who then states the injuries are pre-existing rather than work related.
• TTD has been paid along with the functional impairment rating in full. Even so, injured workers have the right under Iowa Code section 85.39 to their own IME at the insurance company's expense, though since July 1, 2017 the insurance company is only required to pay for the cost of the rating portion of that exam, not necessarily the full review of records.
• The insurance company has sent an Auxier notice. Iowa Code section 86.13 states that payments can only be terminated when the employee returns to work, or after thirty days' notice stating the reason for termination and informing the employee of the right to file a claim with the workers' compensation commissioner.

Other common reasons payments stop include failing to attend a scheduled IME, which after July 1, 2017 can result in forfeiture of weekly benefits until the appointment is attended, refusing to return to available light duty work, being terminated for what the insurance company considers cause or misconduct, or reaching MMI with the adjuster planning to pay only thirty additional days of benefits.

The Iowa workers' compensation system can be complicated, and the insurance company has a team of professionals working to find ways to limit what they pay. An Ida Grove worker facing a stopped or reduced claim may benefit from having someone review the case and explain what benefits may still be owed.

Why the Insurance Company Is Not Always on Your Side

Insurance companies exist to make a profit, and they would generally rather collect premiums than pay out claims. An insurance adjuster may seem friendly, but the adjuster is not on the injured worker's side and is under no legal obligation to help, and is not even required by law to tell the full truth. For Ida Grove workers who are dealing with an adjuster directly rather than through an attorney, there are several important things to keep in mind.

Always Tell the Truth

An adjuster's primary job is to pay as little as possible and close the case quickly. Adjusters will want documentation for lost wages, medical care, and any prior medical history. Forgetting to mention prior treatment, or being untruthful about it, is likely to be discovered and can reduce the value of an offer.

Understand Recorded Statements

Workers are generally not required to give a recorded statement to the other party's insurance company. If a statement is requested, it may be possible to agree to answer questions without the conversation being recorded. In workers' compensation cases specifically, the adjuster will often want information as part of the claim investigation, and a worker does have a duty to cooperate or risk denial of the claim for lack of information. If a worker is making a claim against their own insurer, such as in an uninsured motorist situation, the policy may require a recorded statement, which carries the same weight as testimony given under oath. It is important to fully understand any question asked, including broad questions about past medical history, before answering.

Do Not Hide Prior Accidents or Injuries

Insurance companies maintain databases of prior claims nationwide. Failing to disclose a prior claim, if asked, can raise red flags and damage the credibility of a current case.

Be Matter of Fact

Adjusters handle large numbers of files and are trained to look for anything that could reduce the value of a claim, including unrelated personal issues a worker might mention. Sticking to the facts, avoiding volunteering extra information, and staying calm during any conversation with an adjuster, even a frustrating one, helps protect the value of a claim.

Know the Statute of Limitations

Under Iowa law, the general statute of limitations for injury claims is two years from the date of injury, though exceptions apply. For workers hurt on the job who received weekly benefits, the statute may be longer. Anyone unfamiliar with how these rules apply to their specific situation should speak with a qualified attorney.

Understand What Settling Means

Settling a claim typically means giving up the right to future compensation and medical care in exchange for a payment today. Before settling, it is important to understand all terms in writing, including which medical bills will be paid and whether health insurance that already covered treatment needs to be reimbursed, an issue known as subrogation.

Do Not Wait Until the Last Minute to Settle

Waiting to negotiate a claim does not pressure the insurance company. It generally puts more pressure on the injured worker instead. Most qualified Iowa injury attorneys prefer to have at least 120 days before a statute of limitations expires so they have time to investigate the case, identify the proper parties, and prepare the necessary documents. Waiting until the final weeks before a deadline can make it difficult to find an attorney willing to take on the case.

Getting Legal Assistance In Ida Grove

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 Ida Grove 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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