Urbana Workers Compensation Attorneys

A serious workplace injury in Urbana can mean surgery, a lengthy recovery, and a confusing process once your case begins moving toward resolution. Understanding what to expect after a workers' compensation settlement, whether your coworkers can testify on your behalf, and what back fusion surgery involves can help you protect your health and your benefits along the way.

What to Expect After a Workers' Compensation Settlement

This is an area that confuses many injured workers. If you sustain a serious work injury, at some point you will likely receive a letter and one or more checks for your permanent partial disability based on your functional impairment rating. Most people think this is a settlement, but in reality, it is just a payment the insurance company is required to make in order to avoid being penalized later on. If you receive a check from the insurance company and you have not previously agreed to a settlement or signed any paperwork, you should generally be able to cash the check without agreeing that it is a settlement or that this is all you are owed.

The only way to formally settle a workers' compensation case in Iowa is to sign settlement paperwork, submit it to the agency for approval, and have the settlement approved by the agency. If you speak with the insurance adjuster on the phone and agree to a settlement, they will sometimes try to enforce that settlement against you. It is always best to ask for their offer in writing so you can review it, rather than agreeing to something on the phone. Once you have a written offer, it is worth consulting with an experienced Urbana workers' compensation attorney, since it is very difficult, if not impossible, to undo a written settlement once it is approved.

Types of Workers' Compensation Settlements

If you have signed settlement paperwork and it has been approved by the Iowa Workers' Compensation agency, you should expect a settlement check within about 7 to 14 business days, though the check often needs to clear your bank before the funds are available.

Can Coworkers Testify in Your Workers' Compensation Claim?

When someone is injured at work and there is a dispute concerning the accident, coworkers can be asked to testify in a workers' compensation claim. There is a place on the First Report of Injury or Illness form where workers can list a witness to the event that caused the injury. Employees who provide statements sometimes worry about retaliation from the employer, but it is important they understand their rights.

Why Coworker Testimony Can Matter

A coworker may hesitate to testify about a work accident out of fear of being fired, harassed, demoted, or subjected to some other form of retaliation, but employees cannot get in trouble for sharing what they saw happen, especially where the safety of other workers is at issue.

There can be different reasons for calling on a coworker to provide a statement. One situation is when the employer or insurance carrier tries to argue the injury was not work related. If others saw what happened, they can support the employee's claim that the injury occurred on the job, such as a coworker who saw someone fall off a ladder or who knew of a hazard that caused someone to become sick. Coworker testimony can also help when there is a disagreement about the extent of an injury, such as when a treating physician releases an employee back to work too soon, but coworkers saw the employee lose consciousness, which could indicate a more serious injury than what was diagnosed. Coworkers may also have access to helpful information or documents, such as photographs of the area where the accident occurred.

Getting Help for a Workers' Comp Hearing

The nature of a dispute in a workers' compensation claim can vary from case to case. When it cannot be resolved, it may require a hearing, where ample evidence will be needed. An attorney can help an injured worker assemble a list of coworkers who might provide valuable testimony, and can explain an injured worker's rights and an employer's responsibilities, including the steps to take if there are concerns about retaliation because a coworker agreed to provide testimony.

Back Fusion Surgery for a Work Injury

According to the Bureau of Labor Statistics, back injuries from workplace accidents are so common that they account for one in five workplace injuries and illnesses. Back injuries not only cause an injured worker to lose time from work but also incur heavy medical expenses and can cause significant pain and suffering. Some treatment methods, particularly for severe injuries, involve heavier expenses and a longer recovery period.

What Back Fusion Surgery Involves

Back fusion surgery involves joining multiple vertebrae in the spinal region to reduce or inhibit movement. A procedure that fuses two vertebrae is a one level spinal fusion, while a multi level fusion joins three or more vertebral segments. The doctor may obtain the graft from the patient, a donor, or a synthetic source, and over several months, biological processes cause the graft to heal and join the vertebrae, similar to how a fracture heals. Surgeons may use screws and other hardware to hold the vertebrae in place during that process.

Back fusion surgery is generally recommended for injuries such as a fractured vertebra, cervical disc herniation, or spinal deformity, to help patients recover and return to work and the activities they enjoy. The choice to undergo surgery ultimately rests with the patient, who should discuss the risks, benefits, and alternatives with the surgeon.

Recovery and Risks of Back Fusion

Success after back fusion surgery depends largely on post-operative rehabilitation, which may include pain management and a customized exercise routine to help a patient reclaim their life. Healing may not be complete until several months after surgery, during which a patient may need to wear a brace to limit movement, and exercise-based rehabilitation generally cannot begin until at least four months after the procedure, making recovery a long process.

Risks of back fusion surgery include failure of the procedure to relieve pain if the vertebrae do not fully fuse, and the screws or rods used in the procedure can break or become loose, sometimes requiring another surgery. As with any surgical procedure, there is also a risk of infection, anesthesia complications, and blood clots. Damage to blood vessels or nerves in the operated area can lead to loss of sensation or strength in the legs, or loss of bladder or bowel control, and pain at the site where the bone graft was obtained is also a potential complication.

Anyone who has undergone or needs to undergo back fusion surgery after a work injury is entitled to compensation for medical expenses and disability through Iowa's workers' compensation program.

How an Urbana Workers' Compensation Attorney Can Help

Whether you are trying to understand a settlement offer, gathering coworker testimony to support a disputed claim, or facing back fusion surgery, an experienced attorney can help protect your rights and make sure you receive the full benefits you are entitled to under Iowa law.