Slater Workers Compensation Attorneys

Unfortunately, unpaid medical bills are very common in Iowa workers' compensation cases, and the rules differ depending on whether a claim has been accepted or denied. Add in a severe injury like a broken neck, and the process can feel overwhelming fast. The Slater workers' compensation attorneys at Walker, Billingsley & Bair want local workers to understand how medical bill disputes work, what a broken neck injury involves, and the myths that often trip up injured workers.

Receiving Medical Bills During Your Workers' Compensation Case

The laws that apply are different depending on whether your claim has been accepted and your medical care is being directed by your employer or their insurance company, compared to when your claim has been denied.

Accepted Claim

If your claim has been accepted, your employer or their insurance company is likely sending you to their chosen medical providers, and Iowa law requires them to pay for that care. However, sometimes the insurance company will pay a reduced amount, leaving you owing a balance. If you get a bill, don't ignore it. Send a copy to the workers' compensation insurance adjuster and follow up with a call a few days later. You should also call the medical provider and inform them that this is a work injury, since Iowa Code section 85.27(4) requires the employer to hold the claimant harmless for care that was chosen by the employer. Iowa case law has confirmed that an employer who authorizes care remains responsible for the cost of that care until the claimant is notified that it is no longer authorized. If you continue to receive bills or are not satisfied with how you are being treated, it may be time to call a qualified Iowa workers' compensation attorney.

Denied Claim

There are also protections for injured workers when a claim has been denied, though insurance companies, bill collectors, and employers sometimes ignore them, either because they do not know the rules or are trying to take advantage of an unrepresented worker. It is important to have a copy of the denial letter, since you may need it to get your bills paid, and if one has not been sent, you should request it from the insurance company or their attorney.

A few scenarios come up often in denied Iowa workers' compensation cases. Sometimes a medical provider, often a chiropractor, will claim they are not allowed to submit bills to health insurance when someone has been hurt at work, which is rarely true. If your provider is refusing to bill your health insurance, it may be time to call an attorney to discuss changing providers or getting assistance with the case. Another scenario is denial of payment by your own health insurance company, even though Iowa Code section 85.38(2)(a) requires your health plan to pay for work injury-related medical care while a claim is denied and unresolved. If your claim has been denied, review the explanation of benefits from your health insurer closely to see whether your bills are actually being paid.

Hurt at Work in Iowa: Overview of a Broken Neck

The consequences of a broken neck can be severe. Although these neck injuries often happen in sports, they may also result from being hurt at work, whether from a crash with a company vehicle, a fall from an elevated surface, or any other accident where excessive force causes trauma to the neck.

Overview of a Broken Neck

The neck is made up of seven cervical vertebrae, which, like other bones, can be dislocated or fractured. This type of injury can be catastrophic because the spinal cord runs through the vertebrae. Although a broken neck does not always damage the spinal cord, when it does, there is potential for paralysis or even death. Paralysis can be temporary or permanent, and a spinal cord injury in the neck is especially devastating because it affects the person from the neck down, along with possible other neurological problems depending on the severity of the damage.

Signs of a Neck Fracture

Recognizing the signs of a broken neck is critical, and the individual should not be moved if possible, since movement could cause further injury. Emergency medical attention should be sought whenever there is any suspicion of a broken neck. The person may experience an immediate loss of mobility if there is paralysis, or may go into shock, with signs like a weak pulse, shallow breathing, clammy skin, pupil dilation, and loss of consciousness. If conscious, the person may complain of severe neck pain that spreads to the shoulders and arms if a nerve is compressed, along with visible swelling and bruising at the injury site.

Treatment of a Cervical Fracture

A mild fracture typically does not require invasive treatment. The person may be given pain medication and wear a brace that immobilizes the neck for about two months, or be fitted with a neck cast worn for a couple of months or longer. In a more severe injury, the person may require traction, with some devices allowing limited mobility and others preventing any movement, which can be done at home or may require hospitalization. Some injuries require rods, pins, screws, and other internal materials surgically implanted to support broken bones, and some may require spinal fusion, where bones or synthetic material are fused between the vertebrae and held together with metal rods, screws, or plates. One or a combination of these treatments may be used, and physical therapy often follows, along with missed time from work.

Get the Facts: Don't Believe These 5 Workers' Compensation Myths

Don't let workers' comp myths prevent you from pursuing the benefits you are entitled to. Here are five myths to be aware of as you file a claim near Slater or consider doing so.

Myth One: I Can Choose My Own Doctor

In Iowa, your employer pays for your work-related injury treatment, but they also decide which doctor you see. Iowa does provide a way for workers to request alternate care if they are unhappy with the employer-chosen doctor, and workers can request an independent medical examination if they disagree with that doctor's assessment.

Myth Two: My Employer Can Fire Me for Filing a Claim

The law protects you from retaliation stemming from filing a workers' comp claim, including being fired. An employer who retaliates, whether by firing, demoting, or harassing an employee, could face legal penalties.

Myth Three: I Can't Afford Legal Representation

Most workers' comp lawyers work on a contingency fee, so you do not pay if you recover nothing, and most offer a free consultation to discuss the fee schedule up front. A lawyer does not collect a fee on weekly benefits you are already receiving, and if you receive a permanent impairment rating from a doctor, the attorney should not collect a fee on those benefits either, unless their efforts help you receive additional money beyond that rating.

Myth Four: Any Lawyer Can Help With My Case

If you do not hire a lawyer familiar with the Iowa workers' compensation system who can show a track record with past cases, you are jeopardizing your claim. Treat hiring a lawyer like a job interview. Good rules of thumb include looking for a lawyer certified with the Iowa State Bar, who allocates at least 40 percent of their practice to workers' comp cases, and who devotes 15 hours a year to continuing education classes on workers' comp law.

Myth Five: I Will Get Paid Immediately

You can start recovering disability benefits if your disability lasts more than three days, and that initial three-day period may become payable if you are disabled for at least 14 days. Some workers' comp cases become disputed, and injured workers may have to fight for benefits they should have already received.