Parkersburg Workers Compensation Attorneys

A workplace injury can leave a Parkersburg worker facing pain, medical bills, and a confusing process for recovering the benefits they are owed. Whether the injury is a bulging disc that developed from years of physical labor, a car accident that happened while driving a company vehicle, or the confusion that often follows a workers' compensation settlement, understanding how Iowa law works can help protect a worker's rights and financial recovery.

Below is an overview of three issues that frequently come up for Parkersburg workers' compensation claimants: whether it is possible to keep working with a bulging or herniated disc, what happens after a car accident in a company vehicle, and what to expect once a workers' compensation case in Iowa is settled.

Can You Work With a Bulging Disc?

Bulging and herniated discs are common problems affecting the spine, and a Parkersburg worker diagnosed with one does not automatically face pain or disability. Many people have disc issues that show up on an MRI as a possible problem but produce no symptoms at all, a condition known as asymptomatic. In these cases, someone may continue working with no issues despite having a bulging disc in their back.

The situation changes when pain radiates into the arms, hands, legs, or feet because of a bulging disc. This is often a sign of a more significant problem. A bulging or herniated disc that puts pressure on the nerves in the spine is not only painful but can result in permanent disability and impairment in some cases. Anyone experiencing these kinds of symptoms should seek immediate medical attention. Treatment may include anti-inflammatory medications, epidural injections, or in more serious cases, surgery.

Symptoms That May Indicate a Bulging Disc

A bulging or herniated disc happens when a spongy disc located between the vertebrae is damaged. It may break open or bulge outward, putting pressure on nerves in the spinal cord. When the bulging disc is located in one of the two most common areas, the lower back or the neck, the pain might spread to the buttocks, hips, or legs in cases involving the lower back, or to the shoulders and arms in cases involving the neck.

The most common symptom is pain, which can spread to other parts of the body, and weakness or numbness sometimes accompanies it. This discomfort often starts out mild but worsens with time and with certain activities, including lifting, bending, walking, extended sitting, or standing, and it may get worse at night.

A Parkersburg worker who has sustained a work injury involving a bulging or herniated disc that is causing pain and problems should learn about their rights and responsibilities under Iowa law, since disc injuries can significantly affect both quality of life and the ability to keep working.

Injured in a Car Accident While Driving a Company Vehicle

There are thousands of Iowans, including workers in and around Parkersburg, who drive vehicles as part of their job. Each year, hundreds of Iowans are injured in car and truck accidents while working and are left wondering what to do next.

Will You Be Covered by Workers' Compensation?

If a Parkersburg worker is driving a company vehicle as part of their job duties, they have a workers' compensation claim if they are injured in an accident. However, if the vehicle was not being driven for work purposes at the time of the crash, there generally is not a workers' compensation claim. For example, if an employee is allowed to drive a company car for personal errands and is in a crash on the way to run a personal errand, that crash would likely not be covered by workers' compensation. If another driver was at fault in that situation, the injured worker may still have a personal injury claim.

How Will Medical Bills Be Paid?

Under the workers' compensation system, an employer's workers' compensation insurance should pay medical bills related to the injury. Iowa law allows the insurance company to direct medical care, meaning an injured worker generally must see the doctors the insurance company selects, subject to a few limited exceptions. A worker can ask to be seen by another doctor, but unless the necessary elements can be proven to successfully bring a petition for alternative medical care, the insurance company can refuse and continue sending the worker to its chosen providers.

Who Pays Wages if You Cannot Work?

If a Parkersburg worker is covered under the workers' compensation system and the treating doctor takes them off work, they should receive a weekly workers' compensation check. The same applies if the doctor issues work restrictions and the employer is unwilling or unable to provide work within those restrictions.

Another scenario involves a worker who receives restrictions but cannot perform their normal job, resulting in reduced pay from the employer. In that situation, the worker should receive temporary partial disability, or TPD, benefits, representing two-thirds of the difference between gross wages earned before the injury and wages earned after the injury while working under restrictions.

How Much Will the Weekly Check Be?

The amount of a weekly workers' compensation check depends on earnings before the injury, marital status, and the number of dependents claimed on taxes. Generally, the weekly amount will be somewhat lower than take-home pay after taxes, but workers' compensation benefits are not taxable, so no income tax or other taxes apply to them.

What if Another Driver Caused the Accident?

When another driver causes the crash, the injured Parkersburg worker also has what is known as a third party claim, which is a personal injury claim against the negligent driver. While this can work in the injured worker's favor, it also creates legal obstacles worth understanding.

One issue is subrogation. The workers' compensation insurance company has the right to be paid back out of any money recovered from the negligent driver. Without representation, an injured worker may see little, if any, of the money that exchanges hands between insurance companies.

A second issue is the right to pursue a case without the worker's permission. Often, the workers' compensation insurance company will send a letter notifying the injured worker that it intends to pursue the third party case on its own, taking over the claim against the negligent driver and leaving the worker with very little control over the outcome. Generally, the insurance company will only be looking to recover what it has already spent, not to maximize the worker's overall recovery, which is why it is worth consulting with an experienced Iowa injury attorney in cases like these.

What to Expect After a Workers' Compensation Settlement

This is an area that confuses many injured workers in Parkersburg. If a worker sustains a serious injury, at some point they will likely receive a letter and one or more checks for permanent partial disability based on their functional impairment rating. Most people assume this is a settlement, but in reality it is simply a payment the insurance company is required to make to avoid being penalized later. If a check arrives from the insurance company and the worker has not previously agreed to a settlement or signed paperwork, it should be possible to cash the check without agreeing that it constitutes a settlement or that it represents everything owed.

How a Case Is Formally Settled

The only way to formally settle a workers' compensation case in Iowa is to sign settlement paperwork, submit it to the state agency for approval, and have the settlement approved. It is worth noting that if a worker speaks with an insurance adjuster on the phone and agrees to a settlement verbally, the insurance company will sometimes try to enforce that agreement. It is always best to ask for any offer in writing so it can be reviewed rather than agreeing to something over the phone. Once a written offer is received, consulting with an experienced Iowa workers' compensation attorney can help avoid being taken advantage of, since a written settlement is very difficult, if not impossible, to undo once it is finalized.

Types of Settlements in Iowa Workers' Compensation Cases

There are several different types of settlements available in Iowa workers' compensation cases:

• Agreement for settlement: The parties agree that the injured worker has sustained a certain percentage of disability and will be paid a set number of weeks at an agreed-upon weekly rate. Depending on when benefits were last paid, some or all of the money owed may be paid in a lump sum while other benefits may continue to be paid weekly. The advantage of this type of settlement is that medical benefits remain open, and the injured worker has three years from the date of the last check to bring a review-reopening action should their medical condition worsen or they lose their job because of the work injury.
• Agreement for settlement with full commutation: This is similar to the settlement above, but in exchange for a lump sum payment, the medical benefits and the right to review-reopen the case are given up.
• Compromise settlement: This is most commonly used when the injured worker is no longer working for the employer, and the parties reach an agreement to close out past items owed along with future medical and weekly benefits, all paid in a lump sum. If the injured worker is receiving Social Security Disability, this type of settlement can include specific language to help avoid or reduce a Social Security offset.

Once settlement paperwork has been signed and approved by the Iowa Workers' Compensation agency, a Parkersburg worker should expect to receive a settlement check within 7 to 14 business days of the agreed amount. Often the check must clear the bank before funds become available, which typically means the money needs to sit in the account for about 10 banking business days before it can be withdrawn.

Getting Legal Assistance In Parkersburg

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 Parkersburg 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.

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