Woodbine Workers Compensation Attorneys

Facing legal complexities after a workplace injury can be overwhelming. Our workers' compensation attorneys are here to assist. With steadfast dedication and expert skills, our team fights for injured workers' rights. We work diligently to secure fair treatment and rightful compensation, letting you concentrate on getting better.

Your Right to Workers' Compensation for Work-Related Spondylolysis

Spondylolysis is a defect of the pars interarticularis (such as a fracture) and may lead to slippage of a vertebra in the spine (called spondylolisthesis). It is a common cause of low back pain. This condition may develop for several reasons, ranging from genetics to sudden trauma, and may result from repetitive motions or regular stress on the spine. If the injury is work-related, an Iowa work comp lawyer can help file a claim for workers' compensation benefits.

Facts to Know About Spondylolysis

Spondylolysis and spondylolisthesis can occur at any age and, according to the American Academy of Orthopedic Surgeons, affect about four to six percent of the U.S. population. Spondylolisthesis occurs when a lumbar vertebra, typically the fifth (L5), slips forward and becomes situated out of place. When this occurs, it can potentially place pressure on the spinal cord, causing low back pain.

There are two forms of spondylolisthesis:

1. Degenerative Spondylolisthesis: Caused by general wear and tear with age, this occurs when the intervertebral discs weaken and cannot properly keep the vertebra in place, allowing slippage to occur.
2. Spondylolytic Spondylolisthesis: Caused by a pars fracture, a fracture of the pars interarticularis, which allows the vertebra to slip out of place.

Degenerative spondylolisthesis may develop over time due to general use and exertion of the lower back and spine. Spondylolytic spondylolisthesis can occur because of repetitive motions or stress or sudden trauma causing the vertebra to fracture. When either injury is related to one's employment in Iowa, a work comp lawyer can review eligibility for a workers' comp claim.

Spondylolysis Caused by Work-Related Activity or Accidents

Any job that puts regular stress on the lower back may create a risk for spondylolysis:

- Construction workers
- Gardeners
- Roofers
- Painters

Workers who routinely lift heavy objects or bend and stretch their lower back should take notice when chronic low back pain persists. Spondylolysis and spondylolisthesis do not always present clear symptoms, but some signs to watch for include:

- Chronic pain and soreness of the middle lower back (lumbar region)
- Pain that worsens when bending backwards
- Weakness or pain in the legs
- Slowed reflexes
- Tingling sensations in the middle lower back

Seeking Help for a Work-Related Case of Spondylolysis

Workers experiencing low back pain or any of these symptoms should bring them to the attention of their family doctor. A doctor may suggest an X-ray of the lower back to see the position of the vertebra and a CT or MRI scan to determine if a slipped vertebra is pressing on the nerves or spinal cord.

Treatment for spondylolysis and spondylolisthesis will depend on the severity of the injury and whether the nerves or spinal cord are affected. Non-surgical treatment may include resting the back, anti-inflammatory medications, and back braces to reduce pain. Physical therapy may also be recommended with a gradual return to normal work activity. If the back pain persists or worsens or the vertebra does not return to its normal position, surgery may be required.

Treating spondylolysis can be costly, especially if it requires taking time off work to rest or ongoing physical therapy. Those who suffered a back injury while on the job may be eligible for a workers' compensation case, with which an Iowa work comp lawyer can help.

Can You See Your Own Doctor After a Work Injury in Iowa?

If you have experienced a work injury, you technically have a right to see your own doctor, but there are significant caveats to this statement when it comes to Iowa Workers' Compensation. Your employer and their insurance carrier will typically only pay for medical care that has been approved or authorized by them. This usually means medical care administered by the physician or physicians of their choosing. Be sure to ask your company representative before seeking medical treatment for your work injury from a doctor other than the "company" doctor or one chosen under your employer's Iowa Workers' Compensation directives.

Before going to your doctor, you should also know that your health insurance provider may reject your claim because it stems from a work injury. This is because, technically, Iowa Workers' Compensation benefits should pay for your medical care.

Receiving Medical Help After a Work Injury

According to workers' comp laws in Iowa, the employer has the right to choose the medical care you receive. If you are not satisfied with the care or have concerns with the recommended treatment, you should discuss this with your employer. Only in certain circumstances will an employee be allowed to request alternative care. Even then, your employer or the insurance carrier may deny your request. In this case, you would have to appeal the decision to the workers' compensation commissioner.

If you receive an impairment rating that you believe is too low, you have the right to see another doctor at the employer’s expense, but it will also be of their choosing.

What Should I Do If I Am Not Satisfied with Their Doctor?

If you are not satisfied with the medical care offered by your employer or their insurance company, you may need to file a petition to receive alternate medical care. This is the process to get a judge to allow you to see a doctor of your choosing and still have it covered by workers' compensation. This process can be challenging, and you will likely need a qualified workers' compensation attorney to assist you if it comes to needing to file a petition for alternate medical care.

What If I Don't Want to Have the Recommended Care?

You also have the right to refuse medical care. You do not have to undergo any procedures or treatments recommended for your work injury. For instance, if the company doctor recommends a hip replacement, but you do not want surgery, you maintain the right to refuse that medical procedure. However, this could negatively impact your Iowa Workers' Compensation claim, so it is important to discuss denying medical care with an experienced workers' compensation attorney before refusing any medical treatment.

What Compensation Could I Receive for a Back Injury at Work?

Numerous factors determine the compensation for a back injury. Generally, if you have a permanent work-related back injury, you will be paid a percentage of 500 weeks of benefits unless you are considered permanently and totally disabled, which warrants a lifetime of benefits.

Some important factors in assessing your industrial disability include:

- Did you sustain a permanent injury? If yes, what is your functional impairment rating?
- Did you require surgery? If so, what type and how many?
- How long were you off work following your work injury?
- Do you now have permanent work restrictions?
- Do you now have to use an assistive device like a cane or brace?
- What are your current symptoms, and how do they affect your ability to earn a living?
- What ongoing or additional medical care is expected in the future?
- Have you returned to your regular job making the same amount or more money?
- Have you been terminated because your employer does not have work available within your restrictions?
- If terminated, have you done a full job search to be considered a motivated worker?
- If terminated, have you found another job? If so, how much does it pay, and what are the job requirements?
- How old are you?
- How far did you go in school?
- Do you have learning disabilities or other problems with learning?
- Do you speak and read English?
- What other health conditions affect your employability?

When considering a settlement of your case, these factors help estimate the percentage of industrial disability that a workers' compensation judge might determine. For example, if it is determined that you have sustained a 30% industrial disability, you are owed 150 weeks of permanent partial disability (PPD) benefits because 30% of 500 weeks equals 150 weeks. These benefits are paid weekly unless you agree to give up your medical and close your file, which is rarely advisable without professional guidance due to potential issues like social security offset and Medicare costs.

Your weekly rate is crucial. If you are owed 150 weeks of benefits and your weekly rate is $200, the total is $30,000. If your weekly rate is $1,000, the total is $150,000. Therefore, ensuring the accuracy of your weekly rate is essential.

Getting Legal Assistance In Woodbine

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 Woodbine 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.