Osage Workers Compensation Attorneys

When a worker is hurt on the job near Osage, Iowa, three areas of knowledge can make a decisive difference in the outcome of their workers' compensation claim. First, understanding the types of neck injuries that most commonly result from work, what symptoms indicate a serious condition, and what treatment options are available. Second, knowing what to expect from an independent medical examination scheduled by the insurance company and how to conduct yourself throughout the process. Third, and perhaps most critically, understanding why complete honesty with every party involved in your case is not just the ethical choice but the strategically necessary one. This article covers all three in detail.

A cervical strain means that the muscles and ligaments in the neck have been stretched too far and damaged. Most commonly, physical therapy and anti-inflammatory medications are prescribed as the initial course of treatment. The majority of cervical strains will improve with time, and in many cases a return to normal activities is possible within a few months. However, some cervical strain conditions become chronic, which is defined as lasting six months or more. Chronic cervical strains are often associated with muscle spasms, significant pain, loss of range of motion, and work restrictions. Pain management doctors may treat this condition with trigger point injections, physical therapy, radiofrequency denervation, which involves destroying portions of the nerves causing pain, and other pain management procedures.

Sometimes treatment similar to a cervical strain is initially prescribed for disc injuries, such as physical therapy and medications, but the approach depends entirely upon the severity of symptoms. If a disc injury is causing pain, loss of use, numbness, or otherwise affecting one or both hands and arms, the condition may be very serious. Without timely surgical treatment, permanent spinal cord damage is possible. If you are experiencing what is called radicular symptoms, meaning pain radiating into an arm or hand from the spine, you need to seek medical care immediately. An MRI is used to determine the extent of disc damage and whether it is pressing against the spinal cord.

If symptoms are not severe, doctors will likely recommend an ESI, which stands for epidural steroid injection. This involves a doctor injecting medications into the area where the bulging or herniated disc is located to reduce inflammation and relieve symptoms. Keep in mind that an ESI can cause blood sugar to increase and may produce other side effects. If symptoms are more serious, or if one or more ESIs do not provide sufficient relief, surgery may be recommended. The most common type of neck surgery is a cervical fusion, in which the doctor places a cage to stabilize the area where the disc is herniated and relieve pressure on the nerves coming from the spinal cord. The surgeon may also use a bone from the hip or a cadaver bone to help stabilize the area, and will remove portions of the herniated or bulging disc material to prevent further problems. A cervical fusion is a major surgery that takes months to heal from, but it is sometimes the only option to relieve the pain and prevent further deterioration.

Treatment for a fractured vertebra depends on the severity of the injury and the symptoms present. In serious cases involving a burst fracture of a cervical vertebra, spinal cord damage may have occurred, potentially resulting in partial or total paralysis. Smaller fractures in the cervical vertebrae may be treated with a hard brace, and in some cases a cervical fusion surgery similar to the one described above.

1. Report that you have sustained a work-related injury to your neck to your employer in writing as soon as possible after the pain begins or is identified as work-related.
2. Request that your employer provide medical care and treatment through the workers' compensation insurance carrier.
3. Go to your medical appointments and follow what your medical providers tell you. It is important to tell all of your doctors, physical therapists, nurses, and other medical providers about all of your pain and problems caused by the work injury. It is acceptable to write your problems down and bring the list with you to your appointment to make sure nothing is forgotten. If your medical problems do not make it into your medical records, it can create serious problems if your case is later litigated.

One of the primary elements of an independent medical exam is the history portion. It is essential to be as accurate as possible throughout this part of the exam. The doctor will ask not only about the history of your injury but about your work history as well. This helps the doctor develop a clearer picture of what your job involves and how you fit into that workplace, which helps them gauge whether you are ready to return to work and evaluate any tools or equipment involved in your duties. Complete honesty is the best policy throughout. If you do not know or do not remember something, say so rather than guessing or making something up. You should also tell the doctor about all treatment you have received on your own, such as applying ice to the injured area, as well as what other doctors you have seen and what those providers have recommended. Your family medical history should be disclosed as well.

There is naturally a physical component to the IME. Your height, weight, age, and other physical attributes may be recorded. The doctor will examine the injury to determine range of motion, flexion, adduction, and other movement-related observations. Depending on the type of injury, the doctor may order X-rays or take your blood pressure. The doctor is providing an independent evaluation of their opinion regarding your work injury, and how you present during the physical exam carries significant weight in the report they will prepare.

Another aspect of the IME involves the analysis of your daily activities. This may seem like a minor part of the exam, but it matters because it allows the doctor to assess whether certain activities are helping or harming your injury and to evaluate your overall health. Even if you feel uncertain about sharing a daily activity because you worry the doctor might not understand it or might view it negatively, it is important to tell them. The doctor needs a complete and accurate picture to render the best possible opinion. You should also explain how your day-to-day activities affect your level of pain and discomfort. As with any medical appointment, do not be afraid to ask the doctor questions. Asking questions demonstrates that you are engaged in your recovery and most doctors will welcome the opportunity to clarify anything that is unclear.

Important: If the insurance company has scheduled you for an IME near Osage, do not attend without understanding what to expect and how to present yourself accurately. A qualified workers' compensation attorney can help you prepare for the examination, understand the doctor the insurer has chosen, and protect your rights throughout the process.

Tell the doctor handling your workers' compensation case the truth about your past medical history. If you hurt your neck on your current job but also have a prior neck injury in your medical history, it is important to disclose that. A pre-existing condition does not automatically mean your claim will be denied, but if you hide your medical history from the doctor, it could negatively affect your claim and creates the appearance that you are trying to mislead them. Insurance companies and defense attorneys are skilled at locating prior medical records. If a discrepancy is found between what you told the doctor and what your records show, your credibility will be seriously damaged, and your case will suffer accordingly.

The insurance company has a large stake in your claim and will monitor the entire process closely. They are particularly interested in your medical history and in the specific details of how the injury occurred. Telling the truth at all times is crucial because many insurance adjusters and investigators have ways to follow you or monitor your activity through physical surveillance as well as by monitoring your social media. If you are telling the complete and consistent story to everyone involved, you will not have to worry about remembering what you told each party because your account will always be the same. Inconsistency, even when it results from a lapse of memory rather than deliberate deception, will be used against you. Be thorough, be accurate, and do not volunteer unnecessary detail, but never misrepresent anything.

Your employer has a vested interest in your case and will want to know all the details of your injury. It is very important to relay all of the details of how the injury occurred, what you did immediately following the injury, and what you are experiencing physically as a result. Hiding any of the details of the incident from your employer will only harm your case in the long run. You should also try to include as many witnesses to your injury as possible. Witness accounts help establish the legitimacy of your claim and provide independent confirmation of how and when the incident occurred. The more complete and consistent your account is from the very beginning, the stronger the foundation of your claim will be.

The single factor that applies to everyone in your case: Your doctor, the insurance company, and your employer will each need to know everything that occurred, including any previous injuries you have suffered. The one factor that remains constant through any workers' compensation case, regardless of which party you are speaking with, is the need for complete honesty. There is no exception to this principle, and no shortcut that produces better results than telling the truth accurately and consistently from start to finish.