Stuart Workers Compensation Attorneys

Workplace injuries can range from relatively minor to severely disabling, and the process of pursuing fair workers' compensation benefits in Iowa is not always straightforward. Whether a Stuart worker has suffered a calcaneus fracture, is trying to check on the status of a pending claim, or has been sent for a functional capacity evaluation, understanding how the system works can make a meaningful difference in the outcome of a case.

Can a Calcaneus Fracture Cause Permanent Disability?

A calcaneus injury, or fractured heel bone, can be one of the most disabling injuries an injured worker can receive. Surgery is often required to stabilize the fracture, which may include placing hardware such as plates and screws. Statistically, a high percentage of workers with this type of injury never return to their previous job. Even those who do return to work often end up with permanent restrictions, such as being limited to standing for only short periods at a time or being restricted to sedentary work only.

What Benefits Can I Receive if I Have a Calcaneus Fracture?

A Stuart worker who has sustained a calcaneus fracture will be entitled to some permanent disability benefits under Iowa law, but the amount depends on a number of factors. These include whether both heels were fractured, whether the worker develops back, hip, or other spine problems because of changes to the way they walk, whether the worker develops depression, anxiety, or other mental health issues because of the injury, and whether the worker has had a prior injury to a hand, arm, foot, or eye that could qualify them for the Iowa Second Injury Fund. That prior injury does not need to be work related. It could be a condition someone was born with, a prior knee surgery from years earlier, or carpal tunnel syndrome from a previous employer.

How Will They Determine the Amount of Benefits I Receive?

Depending on the factors above, a calcaneus fracture could be treated as a scheduled member injury claim, meaning the percentage of disability assigned by a doctor is multiplied by the total value of a foot under Iowa law. However, if a worker meets one of the situations described above, the injury may instead be treated as a non-scheduled industrial disability case, in which the impairment rating is only one of many factors, alongside age, education, work restrictions, ability to return to the same job, and wages, used to determine the percentage of industrial disability owed. In more severe cases, this can even result in permanent total disability, which provides a weekly benefit check for the remainder of the worker's life.

What Should I Do Next?

There are many different factors that can affect the value of a calcaneus fracture claim. The one certainty is that a Stuart worker should not simply accept whatever the insurance company is offering or sign settlement documents without first learning their rights and consulting with a qualified Iowa workers' compensation attorney.

How Do I Check My Workers' Compensation Claim Status?

If a Stuart worker is pursuing a workers' compensation claim, the best way to check on the status of that claim is to contact the attorney handling the case, who can communicate directly with the workers' compensation insurer, the employer, and the Iowa Division of Workers' Compensation. Workers who do not have an attorney can also contact the insurance company handling the claim directly, or reach out to the Iowa Division of Workers' Compensation for information.

It is important to keep in mind that it can take weeks or months to settle a workers' compensation case, particularly when there is a dispute over the worker's entitlement to benefits.

What Might Delay the Settlement Process?

The short answer is disputes. If there is a disagreement over whether an injury is work related, or over the degree of impairment involved, a worker may find themselves in a dispute with the insurer. This may require requesting an independent medical exam if the worker disagrees with the impairment rating assigned, or exploring options if the worker does not believe they are ready to return to work even though a doctor chosen by the insurance company has cleared them to do so. In these situations, the settlement process can take considerably longer, and may require appealing a denied claim with the Workers' Compensation Commissioner or taking other steps to secure the benefits owed.

What if My Attorney Won't Provide Updates on My Claim?

An attorney handling a workers' compensation case should maintain open communication throughout. If a Stuart worker cannot get through to their attorney's office, or if updates are never provided, it may be worth looking elsewhere for representation. Anyone hiring an attorney, or considering a change in representation, should ask how the firm handles communication and whether regular updates will be provided by phone, email, or another method.

Do I Need an Attorney to Settle My Case?

A lawyer familiar with workers' compensation law can communicate with the insurer and help ensure a worker receives the benefits they are entitled to. This is especially important for workers who have suffered serious injuries, or in situations where the insurance company is not offering a fair settlement or is disputing whether an injury or condition is work related.

What Is a Functional Capacity Evaluation?

A functional capacity evaluation, often referred to as an FCE, is testing conducted by a physical therapist. It typically involves a series of physical tests and can take anywhere from a few hours to more than six hours spread across two days, depending on the therapist and the type of evaluation being used. Several different FCE systems exist, each designed to determine what an injured worker should and should not do given their physical limitations.

Why Are They Ordering an FCE?

An FCE is usually ordered when a doctor believes a worker's medical condition is unlikely to improve further and wants to test the worker's ability to lift, carry, and perform other physical tasks required for work. This is only the doctor's opinion, however, and there may be other care available that could help. Under Iowa law, once a treating doctor assigns an impairment rating, an injured worker has the right to a second opinion, which the insurance company is required to pay for under Iowa Code section 85.39.

What Can I Expect at the FCE?

Under Iowa law, a worker is not required to attend an FCE examination, though failing to attend can significantly affect the case. Anyone uncomfortable proceeding with an FCE should speak with a qualified work injury attorney about the specifics of their situation before deciding how to move forward. There are several important things to keep in mind during the evaluation itself.

Giving full, honest effort throughout the testing is essential, even when the therapist is testing a part of the body that was not injured, since the evaluation includes built-in checks designed to detect whether full effort is being given. Workers currently under restrictions from one or more doctors should bring those written restrictions to the evaluation and show them to the therapist beforehand. It is generally advisable not to take pain medication on the morning of the examination, unless the worker knows their employer would allow them to take that same medication while actually working. The therapist is not a friend, and workers should be careful about what they say, avoiding jokes, negative comments about the insurance company, employer, defense attorney, or doctors, and avoiding any exaggeration of symptoms, since inconsistencies between what is said and what is observed during testing can be used against the worker later. Finally, it is important to fully understand the therapist's instructions about when to stop an activity during a given test, asking for clarification if needed so there is no confusion about what the therapist is looking for.

An FCE is a significant part of a workers' compensation case and can meaningfully affect whether a worker is able to return to their job and how much compensation they ultimately receive.

Getting Legal Assistance In Stuart

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 Stuart 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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