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- Rock Rapids Workers Compensation Attorneys
- Phone: 641-792-3595
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A workplace injury can upend a Rock Rapids worker's life in an instant, bringing painful medical treatment, missed paychecks, and difficult decisions about how to move forward. Whether the injury happened on a job site, behind the wheel of a company vehicle, or anywhere else in the course of employment, understanding how Iowa workers' compensation works is the first step toward protecting your rights. Below, the Rock Rapids workers' compensation attorneys at Walker, Billingsley & Bair explain how a car accident on the job affects a workers' comp claim, what to know about neck fusion surgery after a work injury, and whether you are required to accept an insurance company's settlement offer.
Workers' Compensation for a Job-Related Car Accident
Any injury a Rock Rapids employee sustains while at work may entitle them to Iowa workers' compensation benefits, but many workers wonder whether that coverage extends to injuries suffered in a car accident while on the job.
What Workers' Compensation Covers
In Iowa, workers' compensation covers injuries and fatalities that occur at the workplace, regardless of who was at fault. This includes accidents that happen on the premises of the workplace, as well as outside of the workplace, provided the employee was conducting company business at the time of the injury. Generally, employers are required to administer benefits for injuries that arise out of, and in the course of, employment.
Running an Errand
If the employer asked the employee to run an errand and the employee was injured in a car accident while doing so, the injury is generally eligible for workers' compensation coverage.
Employer-Sponsored Events
An employee traveling to an event sponsored by the employer who is injured in a car accident along the way may also be eligible for workers' compensation benefits.
Jobs Requiring Frequent Travel
When the nature of a Rock Rapids employee's job requires frequent travel by motor vehicle, such as delivery or sales work, a car accident during that travel is generally covered.
It is worth noting that people who commute to and from work are not eligible for a workers' comp claim if they are hurt in a car accident during that commute.
Car Insurance vs. Workers' Compensation
Workers' compensation pays for all necessary medical expenses and lost wages while an employee is unable to work. When an injury results in more than three days of missed work, an employee may be eligible for disability benefits, which can include temporary or permanent disability and healing period benefits. When a workplace injury results in a fatality, death benefits may be paid to the surviving spouse or children.
If a Rock Rapids worker drives while on the job, it is important to understand how workers' compensation interacts with auto insurance. Auto insurance in Iowa operates on an at-fault system. If the worker was not liable for the accident, they have the right to pursue civil action against the at-fault party. Like workers' compensation, that civil claim may recover medical expenses, lost wages, and permanent disability. Unlike a workers' comp claim, however, a personal injury lawsuit can also include compensation for pain and suffering and emotional trauma.
Steps to Take After a Work-Related Car Accident
- Seek medical attention right away, and let the treating physician know that the injuries are work-related.
- Report the injury to your employer within 90 days. Failing to disclose this information in time could result in a denial of workers' compensation benefits.
- Understand that your employer has four days after being notified of the accident to file a First Report of Injury with the Workers' Compensation Commissioner.
- Be aware that an Iowa workers' comp claim comes with time limitations that determine whether you retain the right to file. Eligibility can depend on how long you have been with the company, the details of the accident, and the severity of your injuries.
- Recognize that there are different deadlines for each step of the process, including reporting the injury, filing the claim, and receiving benefits.
Neck Fusion After a Work Accident
A neck fusion, also referred to as a spinal or cervical fusion, is a surgery that may be performed for individuals who suffer a spinal or neck injury on the job. These injuries can occur in various ways and can cause life-threatening and lasting problems for Rock Rapids workers.
What Neck Fusion Surgery Involves
After a fall, car accident, collision with a piece of heavy equipment, or any other type of serious work accident, a victim could be dealing with a painful neck injury. It is important to seek immediate medical attention after being hurt on the job, especially following a neck injury. A doctor may recommend fusion surgery to help alleviate pain and repair damage. Neck fusion surgery connects bones in the spine or neck that have been broken or weakened.
Bone Graft Fusion
A bone graft, or piece of bone from another part of the body or from a donor, is used to fuse adjacent vertebrae that have been broken, encouraging them to grow back together naturally.
Hardware Fusion
A foreign object such as a metal plate, screw, or plastic piece can be implanted to hold vertebrae together until they grow back together, or to strengthen weak vertebrae.
After surgery, the patient may stay in the hospital for a short time, wear a neck brace, attend follow-up visits with a doctor, and may need physical therapy to strengthen the muscles in the neck and shoulders.
Injuries That Could Require Neck Fusion Surgery
Treatment for a neck injury can vary greatly depending on the type of injury and its severity. If one or more vertebrae are broken, a neck fusion may be recommended. Fractures are most commonly seen in automobile accidents and falls, and some work environments, such as construction sites or delivery jobs, may put Rock Rapids workers at greater risk for these accidents.
Accidents may also lead to misalignment of the vertebrae, which can cause pain and further complications. Fusion surgery may be required to realign and stabilize the affected vertebrae. In some cases, fusion surgery is performed alongside a discectomy, which involves removal of a damaged or herniated disc, with the fusion procedure stabilizing the vertebrae after the disc is removed. The procedure may also be needed if a vertebra slips forward, a condition known as spondylolisthesis.
The Financial Impact of Neck Fusion Surgery
Workers dealing with these injuries may be unable to work while recovering, or may have to take lower paying jobs until they have recovered enough to perform their previous job duties. In addition to medical costs, a Rock Rapids workers' compensation attorney can also pursue disability benefits while the worker is out of work or in a lower-paying position.
Do You Have to Accept the Insurance Company's Settlement?
In Iowa, a Rock Rapids worker does not have to accept an insurance company's settlement offer, but there are several things worth keeping in mind before deciding how to proceed.
Consider the Severity of the Injury
Are the injuries minor enough that it may make sense to settle the case without an attorney in order to avoid paying a percentage of the settlement in fees?
Understand Subrogation
If medical bills have been paid by health insurance or another insurer, that company will likely need to be reimbursed. This is called subrogation and can consume an entire settlement if not handled correctly.
Know the Statute of Limitations
How much time remains before the statute of limitations expires? Missing that deadline generally means the case is over and no compensation will be paid.
If a Rock Rapids worker does not know the answers to these questions, it is strongly recommended that they at least contact and speak with a qualified Iowa injury attorney. Failing to do so could cost thousands of dollars, and in some cases, the entire claim.
Settlement Negotiations
It is rare that an insurance company's first offer is its best offer. Anyone negotiating with an adjuster on their own should keep the following in mind.
- Anything said to the insurance adjuster can and will be used against you later, including in a lawsuit. Be careful about what is shared, but never lie. Insurance companies share databases and will find out about prior injuries and accidents.
- It is not a good idea to threaten an adjuster. Being courteous will get you further than being upset or angry.
- Know the facts of your case, including how the injuries happened, who you treated with, and the conditions you have been diagnosed with.
Before agreeing to any settlement offer involving injuries, it is always a good idea to speak with a qualified Iowa injury attorney to find out if you are being treated fairly. Friends and family can offer their opinions, but it is far more valuable to consult someone who deals with insurance companies daily and has handled many injury cases. No two cases are identical, but they often share common factors.
How to Evaluate the Value of a Claim
Other factors that go into evaluating a claim include the nature of the injuries, such as whether multiple body parts were involved, whether there are objective injuries like broken bones, whether the worker was hospitalized or required surgery, how much time was missed from work, the nature of the job at the time of injury, how much insurance coverage is available, and whether there is a claim for underinsured motorist coverage.
Protecting Your Rock Rapids Workers' Compensation Claim
Whether a Rock Rapids worker is dealing with a car accident that happened on the job, a neck injury that may require fusion surgery, or a settlement offer from an insurance company, understanding the process is essential to protecting a claim. Workers' compensation and personal injury law both come with strict deadlines and requirements, and missing them can mean losing out on benefits a worker is entitled to.
Getting Legal Assistance In Rock Rapids
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 Rock Rapids 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.