Ottumwa Workers Compensation Attorneys

When workplace injuries occur, dealing with the legal complexities can be overwhelming. That's where our Ottumwa workers' compensation attorneys come in. Whether you were injured at JBS, Public Works, John Deere, Indian Hills, Ottumwa Schools, Cargill, or Mahaska, our dedicated experts will advocate for injured workers' rights, ensuring fair treatment and proper compensation.

Who Can Be an Expert Witness in a Workers’ Compensation Case?

An expert witness in a workers’ compensation case is a professional with specialized knowledge relevant to the case, enabling credible analysis of evidence or factors presented. The type of expert varies depending on the case's circumstances and the evidence available.

Medical Testimony in Workers’ Compensation Cases

The outcome of a workers’ compensation claim often hinges on the accurate analysis of complex medical information. Injured workers and their attorneys may call upon expert witnesses to testify. Typically, the employer selects the employee’s medical care, but employees can request an independent medical exam at the employer’s expense if they disagree with the employer-appointed doctor’s assessment of the injury and its resulting disability.

Employees dissatisfied with the care from the employer-chosen physician can also request alternative care through the employer or insurance company, and if unsuccessful, can appeal to the Workers’ Compensation Commissioner. Any examining doctor may provide documentation or testimony regarding the patient’s injuries, prognosis, and the necessity of future treatment. These medical expert assessments are crucial in determining the disability and impairment level, significantly impacting workers’ compensation benefits.

Professionals Who May Provide Expert Testimony Regarding Causation

Establishing that a worker’s injury or illness is work-related—caused by exposures or accidents in the workplace—is essential in workers’ compensation cases. Even existing conditions may be covered if worsened by workplace conditions or events. Scientific experts can conduct or recommend chemical tests to assess the toxicity of substances at the work site, establishing that they caused injury, aggravated an existing condition, or led to a chronic condition or disease.

For example, workers exposed to asbestos might consult an expert in the field to testify about the causation of their medical condition due to exposure levels. Similarly, an auditory expert might help establish that workplace noise levels caused or contributed to hearing problems.

Legal Actions After a Workplace Injury

Workers are entitled to workers’ compensation if injured on the job, regardless of fault. Generally, workers’ compensation is the sole recourse against an employer, but workers injured due to a third party’s negligence may pursue compensation via a third-party claim. In such cases, additional expert witnesses might be needed to establish negligence.

For instance, if machinery caused the worker’s injuries, a technical expert familiar with the equipment might testify about a manufacturing or design defect or the cause of the machine malfunction.

How Long Can You Be Out On Workers’ Comp?

Unlike some states, Iowa does not have a set limit for the duration one can receive workers’ compensation benefits while recovering. Some states have limits of 12, 18, or 24 months, but in Iowa, as long as the injured worker is receiving medical care that is improving their condition and has not reached maximum medical improvement (MMI), they can receive weekly temporary total disability (TTD) benefits.

Job Protection While Receiving Workers’ Comp

Job protection while receiving workers’ comp is not guaranteed. If the worker qualifies for the Family Medical Leave Act (FMLA), their employer can run FMLA time concurrently with their workers’ comp leave, typically providing up to 12 weeks of job-protected leave. If more than 12 weeks are missed, the employer may terminate the worker. Additional protections might be available under other state and federal laws such as the Americans with Disabilities Act (ADA) or through a union if applicable.

Qualification for FMLA

To be eligible for FMLA leave, an employee must work for a covered employer with 50 or more employees each working day during at least 20 calendar weeks in the current or preceding year. Additionally, the employee must have worked for the employer for at least 12 months and accumulated at least 1,250 hours in the 12 months prior to the start of FMLA leave. If these requirements are met, the job should be protected for up to 12 weeks.

Actions After Job Termination

If terminated during or after medical care for a workers’ comp claim, it is crucial to consult a qualified work injury attorney to understand the process, protect rights, and seek due compensation.

Filing for Unemployment

If no longer receiving TTD benefits, filing for unemployment might be advisable. However, one cannot receive TTD and unemployment simultaneously. The worker must be ready, willing, and able to work to qualify for unemployment benefits. If denied unemployment due to insufficient work credits, the unemployment office should consider quarters prior to the injury if the worker received TTD for three or more quarters.

Applying for Social Security Disability (SSDI)

Applying for SSDI depends on factors such as age, injury severity, and job search efforts. Premature filing for SSDI can reduce the value of a workers’ comp case, as it may indicate a lack of motivation to return to work. The SSDI process can take several years, and it is harder to obtain SSDI if under 55 years of age.

Working With a Bulging Disc

A bulging disc does not automatically mean pain or incapacity to work. Many people with asymptomatic disc issues can work without problems. However, if pain radiates into arms, hands, legs, or feet, indicating nerve pressure, immediate medical attention is necessary. Treatments might include anti-inflammatory medications, epidural injections, or surgery.

Symptoms Indicating a Bulging Disc

A bulging or herniated disc occurs when a spongy disc between vertebrae is damaged, potentially putting pressure on spinal cord nerves. Common areas for bulging discs are the lower back and neck, with pain possibly spreading to the buttocks, hips, legs, shoulders, or arms. Other symptoms include weakness and numbness, which may start as discomfort but worsen with certain activities like lifting, bending, walking, extended sitting, standing, or nighttime.

Getting Legal Assistance In Ottumwa

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 Ottumwa 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.