Moville Workers Compensation Attorneys

A workplace injury can turn a normal day in Moville into weeks or months of pain, medical appointments, and missed paychecks. Whether the injury involves a broken bone from a sudden accident or a back problem that developed gradually from repetitive tasks, Iowa workers have the right to pursue workers' compensation benefits when the injury is connected to their job. The Moville workers' compensation attorneys at Walker, Billingsley & Bair want local workers to understand how these claims work, from a fractured humerus to a bulging disc, and what to know if they are considering handling a claim without legal help.

Humerus Fractures as a Work-Related Injury

If you have been involved in a workplace accident where your upper arm was impacted, you may have sustained a humerus fracture. A humerus fracture can be a very serious injury, and it can take weeks to fully repair. The humerus is the medical name for the upper arm bone, located between the elbow and shoulder, and it is sometimes referred to informally as the funny bone. When the humerus is traumatized, a fracture can occur.

In the workplace, a humerus fracture may occur as a result of many things, including a motor vehicle accident, a slip and fall accident, or a direct blow from machinery or equipment.

Symptoms of a Humerus Fracture

According to the American Academy of Orthopaedic Surgeons, the three main symptoms of a humerus fracture are swelling, severe pain, and very limited movement of the shoulder. Other symptoms may include bruising, tenderness, and stiffness.

Treatment for a Humerus Fracture

If the fracture of the humerus is severe, surgical treatment may be required to remedy the injury. Surgery is most commonly necessary if the fracture is displaced or if it has resulted in bone piercing the skin. Surgery includes putting the bone, or pieces of bone, back into place using pins, wires, screws, plates, or even stitches in the bones or tendons.

Will Workers' Compensation Cover a Fracture Injury?

When a humerus fracture occurs, it is not uncommon for a worker to have to miss work as a result. Depending on the extent of the injury, recovery can range from weeks to months. If your humerus fracture was the direct result of a work-related task, you have the right to file a claim for workers' compensation insurance.

Both medical benefits and disability benefits are available under workers' compensation, according to a FAQ page published by the Iowa Division of Workers' Compensation, as well as Iowa Workers' Compensation Code section 85.71. However, there may be situations contingent upon time and place, such as if you were injured at a company event.

Are Bulging Discs Considered a Work-Related Injury Near Moville?

Bulging discs are a common type of work-related injury. To receive workers' compensation benefits, the worker must establish that a single event, such as a workplace accident, caused the bulging disc, or that it developed over a period of time from repetitive work-related tasks.

Symptoms That May Indicate a Worker Has a Bulging Disc

This condition, also referred to as a herniated disc, happens when a spongy disc located between vertebrae is damaged. It may break open or bulge out, putting pressure on nerves in the spinal cord. If the bulging disc is in one of the two most common areas, the lower back or neck, the pain might spread to the buttocks, hips, or legs from a lower back injury, or to the shoulders or arms from a neck injury.

The most common symptom is pain, which can spread to other parts of the body. Weakness and numbness sometimes accompany the pain. It often starts as discomfort but worsens with time and when performing certain tasks such as lifting, bending, walking, extended sitting, or standing, and it may get worse at night.

Causes of a Bulging Disc and How It Can Impact a Workers' Comp Claim

A back injury such as this can occur in an accident at work, such as a worker falling after losing footing on a ladder or slipping on something on the floor. But it can also occur from performing repetitive tasks, especially when not done correctly. For instance, someone whose job tasks include a lot of lifting, such as a mover or a warehouse worker in Moville, may develop a herniated disc. The constant stress placed on the back, particularly when proper lifting techniques are not used, can cause the injury.

Age can be a contributing factor, since middle-aged and older men are prone to this type of back injury. Regardless of age, the bulging disc must have occurred during the scope of employment because of events at work or while performing work tasks. If the person was not involved in a workplace accident or does not perform job tasks that would cause it to occur, it may not be linked to work. If the injury happened in an accident, a notice of injury to the employer or a supervisor would help substantiate the claim. If it was caused by repetitive job tasks, a doctor's diagnosis and notes confirming it was linked to those tasks can be helpful.

Steps to Take When Seeking Workers' Compensation for a Bulging Disc

It is important to get evaluated as soon as possible. If the diagnosis is confirmed, the next step is to inform the employer or insurer, and a claim for workers' comp benefits would then be filed. If approved, the employer's workers' comp insurer will pay benefits that may include lifetime medical costs related to the injury and disability benefits. If it results in permanent impairment, the worker may receive permanent partial disability benefits based on a percentage of weekly spendable wages.

Back injuries are considered industrial, or "body as a whole," injuries, so disability benefits are paid for a percentage of 500 weeks. Body as a whole injuries hinge on a number of factors, including impairment rating, age, and earning capacity. In the event the insurer denies the claim, the next step would be to seek legal advice and possibly appeal the insurer's decision.

Should You Handle Your Moville Injury Case Without an Attorney?

The answer may be yes. Sometimes it can be a good idea to handle a minor injury case without an attorney. For a work injury specifically, many firms, including ours, will only accept a case if the injuries are permanent. If you decide to proceed in your injury case without an attorney, there are a few things you should know.

Negotiating With the Insurance Adjuster

Negotiating with the insurance adjuster is an important part of resolving any injury claim. You should prepare before speaking with the adjuster and know your facts. You should also have a confident but polite attitude with the adjuster. For example, it is unlikely that threatening to go to the adjuster's boss will help your case. Do not interrupt the adjuster, but instead listen to what is being said and ask questions about their positions. Even if the insurance adjuster makes a low offer, do not lose your temper or show emotion, as that will likely damage your case.

Know Your Medical Costs Before You Negotiate

As part of preparing to negotiate with the insurance adjuster, you should know what medical care and treatment you have had and the total amount of your medical bills. Having a clear, documented total gives you a stronger position when discussing what a fair settlement should look like, and it helps you recognize when an offer does not reflect the full extent of your losses, including your loss of quality of life.

Be Careful What You Say During Settlement Negotiations

Be careful of what you say during settlement negotiations. Once you agree to accept a settlement, even in a phone conversation in which you have not signed forms, the insurance company may attempt to enforce the settlement because an oral contract is just as valid as a written contract. Before you agree to accept a settlement, it may be in your best interest to tell the insurance adjuster that you will think about it, and then have an attorney review the settlement before deciding whether to agree to it.