- Ogden Workers Compensation Attorneys
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Legal hurdles after a workplace injury can be overwhelming. Our workers' compensation attorneys are here to support you. With steadfast dedication and specialized skills, our team is committed to advocating for the rights of injured workers. We ensure you receive fair treatment and rightful compensation, allowing you to focus on getting better.
Shoulder Impingement Syndrome and Workers’ Compensation
Shoulder impingement syndrome is a prevalent source of shoulder pain, characterized by the bone on the top of the shoulder rubbing against the tendon and bursa in the shoulder. According to the American Academy of Orthopaedic Surgeons (AAOS), this condition often results from repetitive lifting or overhead activities, which are common in occupations such as construction and painting. The repetitive motion leads to inflammation and pain, making it difficult for individuals to perform their daily work tasks.
Causes and Impact of Shoulder Impingement in the Workplace
When shoulder impingement results from workplace activities, injured employees are entitled to workers’ compensation benefits. These benefits cover medical treatment, a portion of lost wages, and other related expenses. Given the physical demands of many jobs, especially those involving repetitive lifting or overhead work, shoulder impingement can significantly impact an employee's ability to work effectively.
Treating Shoulder Impingement Syndrome
Shoulder impingement is closely related to rotator cuff tendinitis and bursitis. These conditions exacerbate the pain and difficulty in performing tasks that involve lifting and reaching. Effective treatment addresses both the symptoms and the underlying condition causing the impingement. Common treatments include:
- Anti-inflammatory Drugs: These are often prescribed to reduce pain and swelling. Patients must avoid activities that caused the inflammation to allow the medication to work effectively.
- Physical Therapy: This helps strengthen the shoulder muscles and improve range of motion, reducing the chances of re-injury.
- Steroid Injections: If anti-inflammatory drugs and physical therapy are insufficient, steroid injections may be used to reduce inflammation and pain.
- Surgery: In severe cases where nonsurgical treatments fail, surgery may be necessary to increase the space around the rotator cuff by removing the bursa and part of the bone. The type of surgery—arthroscopic or open—will determine the recovery time.
Workers’ Compensation Disability Benefits
Shoulder impingement can make it challenging or impossible for employees to perform their usual duties, leading to eligibility for disability benefits. The following benefits are available:
- Temporary Total Disability (TTD): If the employee cannot work at all during recovery, they are entitled to TTD benefits.
- Temporary Partial Disability (TPD): If the employee can return to work with restrictions and earns less than before, TPD benefits help make up the difference in wages.
- Permanent Partial Disability (PPD): If the condition results in permanent restrictions, the employee may receive PPD benefits based on an impairment rating issued by the doctor.
Workers’ compensation for shoulder injuries is determined by various factors, including the impairment rating, the worker's experience, education, skills, and age.
Challenges in Workers’ Compensation Claims
Disagreements between employees and employers (or their doctors) regarding the extent of the injury are common. Employers often choose the treating doctor, who may have biases favoring the employer or insurance company. Employees who believe their treatment is inadequate can file a petition for alternate medical treatment with the Iowa Workers’ Compensation Commissioner (IWCC). Additionally, if an employee disagrees with the impairment rating, they can request another medical exam under Iowa Code Section 85.39. This independent medical examination (IME) is crucial, and the insurance company must cover its cost, including mileage and missed work time.
Reaching Maximum Medical Improvement (MMI)
MMI is a term used when doctors determine that an employee’s condition is unlikely to improve further. However, employees have the right to seek second opinions at the insurance company's expense. Choosing the right doctor for an IME is critical, as some doctors may favor the insurance company’s perspective. It is essential to select a qualified IME doctor who will provide an unbiased opinion.
Light Duty Status and Workers’ Compensation
Light duty status refers to modified work duties that accommodate an employee’s injury or disability. After an injury, employees are entitled to a healing period for recovery while receiving pay and medical treatment. If the employee can no longer perform their original job due to lingering injuries, the employer should offer a light duty position if available.
Employers may resist assigning light duty tasks, but the determination should be made by a doctor and documented in writing. If the light duty job pays less, the difference should be compensated through workers’ compensation benefits.
Steps to Take if Returning to Work with Restrictions
Employees should maintain frequent contact with their employer, notifying them of their readiness to return to work under any restrictions. Failure to communicate effectively can result in job loss, cessation of weekly workers' compensation benefits, and denial of unemployment benefits. If the employee cannot perform the light duty job, they must inform their supervisor and the doctor promptly.
Getting Legal Assistance In Ogden
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 Ogden 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.