Sibley Car Accident Injury Attorneys

Getting hurt on the job is only the beginning of a long and often confusing process for Sibley workers. Between doctor releases, treatment decisions, and the paperwork required to apply for benefits, it is easy to make a mistake that costs an injured worker money they are rightfully owed. The attorneys at Walker, Billingsley & Bair have spent years helping Iowans understand exactly what happens after an on the job injury, and this guide breaks down what every Sibley worker should know about doctor releases, alternative treatment, and the mistakes to avoid when applying for benefits.

What Happens When Your Doctor Releases You From Care

When a doctor releases an injured Sibley worker, it can lead to a stoppage of payments on the workers' compensation claim. The outcome depends on various factors, including whether the employee is released to regular job duties, light duty work, or if the condition has reached a point of maximum medical improvement.

Adapting to Changing Work Circumstances

If a Sibley worker receives a lower wage due to the injury, temporary total disability benefits could transition to temporary partial disability benefits. Unlike temporary total disability, which provides 80 percent of average spendable earnings, temporary partial disability pays two-thirds of the difference between pre-injury wages and reduced wages.

A worker should receive a temporary total disability check on a weekly basis. If a check does not arrive on time, contact the insurance adjuster to request an explanation, or have an attorney's staff reach out on your behalf. The insurance company can be subject to paying penalty benefits of up to 50 percent for checks that arrive late.

Furthermore, a physician might determine that the employee has reached maximum medical improvement. This is common in cases involving serious injuries where the condition has plateaued and additional improvement is unlikely, though ongoing treatment might still be necessary.

Benefit Availability Based on the Nature of the Injury

The availability of benefits depends on the nature of the injury. If an individual has a permanent impairment, healing period benefits could be accessible during recovery. Once a doctor concludes that significant improvement is unlikely and releases the worker, healing period benefits cease and permanent disability benefits might begin. Even if a Sibley worker is cleared to work despite a permanent disability, they might qualify for permanent partial disability benefits. If the physician deems the worker unable to return to work at all, permanent total disability benefits could be applicable.

Your Right to a Second Opinion

Under Iowa law, a Sibley worker always has the right to seek medical treatment on their own, though it usually will be at their own expense unless they are able to win a petition for alternate medical care.

Once the company doctor has evaluated a worker for a permanent impairment rating, the worker has the right to a second opinion, sometimes called an Independent Medical Examination, with a doctor of their choosing. Iowa Code Section 85.39 provides that the insurance company has to pay for a one-time IME with a doctor of the worker's choice.

Seeking Alternative Treatment for a Sibley Work Injury

Some Sibley workers who were hurt on the job may want to pursue alternative treatment for their injuries. It is possible for injured employees to use alternative treatments, but they should follow the appropriate procedures in requesting this treatment and be prepared if an employer or insurance company denies the request.

Types of Alternative Treatments

Alternative treatments can include acupuncture, massage, and chiropractic treatment. People seek out alternative treatments for many different reasons, and some use them as a lifestyle choice because they do not want to rely on certain medications, such as addictive painkillers, or other traditional treatments.

Alternative Medical Treatment and Workers' Compensation

A worker's employer or the employer's workers' compensation insurance company is required to pay for medical costs associated with the work related injury. Section 85.27 of the Iowa Code specifically mentions osteopathic and chiropractic treatment among other, more traditional treatment options. The general requirement for these companies is to provide reasonable and necessary medical treatment for the work injury.

When a Sibley worker is interested in pursuing alternative medical care, they first need to speak with their doctor about the treatment. The question of whether the treatment is approved comes down to whether it will help improve the employee's condition. Since the employer chooses the employee's doctor, some workers suspect that any denial of reasonable treatment is related to the doctor's attempt to please the employer. Workers have options if the treatment is denied, but they must request the treatment first.

What if the Insurance Company Denies Alternative Treatment?

Employees who wish to seek alternate care because they are dissatisfied with their current doctor's treatment should first speak with their employer and the insurance company. Seeking alternate care without first gaining approval is unwise, since it will not be covered by workers' compensation.

If the employer or insurance company does not approve the alternate care, workers have the option to petition the Iowa Workers' Compensation Commissioner. The Commissioner will consider the petition and decide whether the worker may seek alternate care. A hearing may be scheduled, either by telephone or in person, where the parties will make their case regarding the alternate care. An injured Sibley worker may benefit from an attorney if the case becomes contested, since a lawyer can help collect proper documentation and present the case to the Commissioner. A decision is typically made within 10 days of the application in the case of a telephone hearing, or within 14 days for an in-person hearing.

Four Things a Sibley Worker Should Never Do When Applying for Benefits

If you are applying for workers' compensation in Iowa, there are four mistakes that should always be avoided.

Types of Disability Benefits

• Temporary total disability benefits
• Temporary partial disability benefits
• Healing period benefits
• Permanent partial disability benefits
• Permanent total disability benefits
• Secondary injury fund benefits
• Vocational rehabilitation benefits