Marion Workers Compensation Attorneys

When workplace injuries happen, navigating the legal complexities can be overwhelming. That's where our Marion workers' compensation attorneys come in. Whether you were injured at Whirlpool, Collins Aerospace, Public Works, or Mercy, our dedicated experts will advocate for injured workers' rights, ensuring fair treatment and proper compensation.

Experiencing a work injury is a stressful event that can lead to complex legal and medical challenges. This comprehensive guide addresses key issues, including what happens if you get fired while on workers' compensation, understanding complex regional pain syndrome (CRPS), and your rights regarding medical care after a work injury in Iowa.

What If I Get Fired While on Workers' Compensation?

Getting fired while receiving workers' compensation benefits is a common and concerning issue. Understanding the reasons behind your termination and the legal implications is crucial.

Reasons for Termination

1. Termination Due to Work Injury
   - Employers may terminate an injured worker at various stages, such as immediately after the injury, during recovery, or after reaching maximum medical improvement (MMI) with permanent work restrictions.
   - If you are terminated due to permanent work restrictions that your employer cannot accommodate, it might benefit your workers' comp case.
   - It is essential to provide your employer with your work restrictions and demonstrate readiness to work within those limits. Refusing offered work can negatively impact your case.

2. Termination for Other Reasons
   - Employers often seek non-injury-related reasons to terminate workers, such as job performance issues, lateness, or personal misconduct, to reduce compensation.
   - If terminated for reasons other than the work injury, consider filing for unemployment, but approach this carefully and understand the specific requirements and procedures.

Filing for Unemployment

When filing for unemployment, keep in mind:

1. Eligibility
   - You must be ready, willing, and able to work. This doesn't mean returning to your old job but being capable of performing available jobs in the open labor market.
   
2. Work Credits
   - Ensure you have enough work credits to qualify for unemployment benefits. If you've been off work for an extended period due to injury, you may need to provide additional documentation to Iowa Workforce Development.

3. Timing
   - Avoid filing for unemployment while receiving temporary total disability (TTD) benefits, as Iowa law prohibits collecting both simultaneously. File for unemployment if your workers' comp claim is denied and no work is offered.

Legal Protections

While Iowa law allows at-will employment termination, federal protections like the Family Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) may provide additional remedies, such as job reinstatement and damages. Consulting an experienced workers' compensation attorney is crucial in navigating these complex areas.

Understanding Complex Regional Pain Syndrome (CRPS)

CRPS is a severe, chronic pain condition often associated with work injuries involving nerve damage.

Symptoms of CRPS

- Burning pain in the affected limb
- Skin sensitivity and changes in texture, color, and temperature
- Swelling, stiffness, and muscle weakness
- Decreased ability to move the affected limb

Causes of CRPS

CRPS can result from two types of nerve injuries:
- Type 1: Occurs after an injury without direct nerve damage.
- Type 2: Involves a distinct nerve injury.

Treatment for CRPS

- Heat and Cold Therapy: Helps manage symptoms based on skin temperature.
- Physical Therapy: Exercises to improve strength and range of motion.
- Spinal Cord Stimulation: Electrical currents to alleviate pain.

Long-term prognosis varies, with younger individuals often recovering better than older adults.

Medical Care After a Work Injury in Iowa

Navigating medical care for work injuries under Iowa workers' compensation laws involves several key considerations.

Employer's Right to Choose Medical Care

Employers typically select the medical care provider for work injuries. Seeking unauthorized medical care might result in denied coverage.

Alternatives and Rights

- Alternate Medical Care: Employees dissatisfied with employer-provided care can petition for alternate care. This legal process requires approval from the workers' compensation commissioner and often necessitates legal assistance.
- Refusing Recommended Care: Employees can refuse medical treatments but should consult an attorney, as this may impact their workers' compensation claim.

Impairment Ratings

If you disagree with an impairment rating provided by the employer's doctor, you have the right to request a second opinion, but it must be from a doctor chosen by the employer and at their expense.

Getting Legal Assistance In Marion

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 Marion 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.