Cedar Falls Workers' Compensation Attorneys
Compassionate & Aggressive Representation
Workers' compensation benefits are available to employees who suffer an on-the-job injury or illness. In Iowa, employers are required to purchase workers' compensation insurance to cover the medical expenses and lost wages of their employees should they sustain a work-related injury or illness. In turn, injured employees are not allowed to sue their employers for negligence.
Unfortunately, employers sometimes take advantage of this system by trying to avoid paying workers' compensation benefits due to their employees. Injured workers may be denied payment of benefits or their medical treatment may be unreasonably delayed, which can lead to permanent disabilities. If this happens to you, you may be entitled to compensation.
At Ball, Kirk & Holm, our Cedar Falls workers' compensation attorneys can help you fight for the benefits you deserve. We are dedicated to providing compassionate and aggressive representation to injured workers in Iowa.
Grounds for a Workers' Compensation Claim
In Iowa, you must be able to prove that you suffered injury or illness arising from or in the course of your employment in order to receive workers' compensation benefits. The most common workplace injuries and illnesses that result in workers' compensation claims include:
- Carpal tunnel syndrome
- Sprains and strains
- Back and neck injuries
- Post-traumatic stress disorder
- Cuts, burns, and lacerations
- Facial disfigurement
- Heart attacks and other cardiovascular conditions
- Anxiety disorders
In order to receive workers' compensation benefits, you must be able to prove that your workplace injury or illness arose from or in the course of performing your duties at work, and that you were an employee at the time of the injury.
Some of the most common issues that arise in workers' compensation cases include:
Eligibility disputes: Determining whether an injury or illness is work-related and whether the injured worker is eligible for workers' compensation benefits is a common issue. Employers or insurance companies may dispute whether the injury occurred during the course and scope of employment.
Inadequate benefits: Workers may receive benefits that do not fully cover their medical expenses, lost wages, or rehabilitation costs. Disputes may arise regarding the adequacy of the benefits provided.
Medical treatment disputes: Disputes can occur over the type and extent of medical treatment needed. This may include disagreements over the necessity of specific treatments, surgeries, or therapies.
Permanent disability ratings: Assessing the extent of permanent impairment can be contentious. Disputes may arise over the rating assigned to a worker's disability and the corresponding compensation they are entitled to receive.
Return to work issues: Some injured workers may encounter difficulties returning to their previous jobs due to their injuries. Employers and insurance companies may dispute whether modified work is available or if vocational rehabilitation is necessary.
Statute of limitations: Filing a workers' compensation claim within the prescribed time frame is crucial. Disputes may arise over whether a claim was filed within the statute of limitations.
Retaliation claims: Workers who file workers' compensation claims may fear retaliation from their employers. It is illegal for employers to retaliate against employees for filing a legitimate workers' compensation claim.
Independent Medical Examinations (IMEs): Insurance companies often require injured workers to undergo IMEs by physicians of their choosing. Disputes can arise if the IME contradicts the treating physician's assessment.
Denial of claims: Some claims are denied outright by employers or insurance companies. This can lead to disputes and the need for appeals.
Benefit termination: Benefits may be terminated prematurely, leading to disputes about whether the injured worker has fully recovered or whether they still require compensation.
Death benefits: In cases where a worker dies due to a work-related injury or illness, disputes can arise over the eligibility of surviving family members for death benefits.
Subrogation: If a third party is responsible for the injury, such as in a workplace accident caused by faulty equipment, the workers' compensation insurance company may seek reimbursement from that third party. Disputes can arise over the allocation of recovery.
Insurance disputes: Issues can also arise regarding the insurance coverage itself, including whether an employer has proper coverage, whether an insurance company is acting in bad faith, or whether self-insured employers are adequately funding their claims.
Navigating these common issues in Iowa workers' compensation cases can be challenging. It often requires the expertise of attorneys who specialize in workers' compensation law to ensure injured workers receive the benefits they are entitled to under Iowa's workers' compensation system. At Ball, Kirk & Holm, our Cedar Falls workers' compensation attorneys can help.
Contact Our Office Today
If you were injured on the job, do not wait to seek legal help. The sooner you contact our office, the sooner we can start investigating your case, gathering evidence, and building your case. If you wait too long to take action, you may permanently lose your right to file a claim.
At Ball, Kirk & Holm, our Cedar Falls workers' compensation attorneys can help you seek the compensation you deserve. Our firm is dedicated to providing compassionate and aggressive representation to injured workers in Iowa. We have the knowledge and experience to effectively represent you in your workers' compensation claim.
If you were injured on the job, do not wait to seek legal help. The sooner you contact our office, the sooner we can start investigating your case, gathering evidence, and building your case.
Real Clients, Real Stories
"My experience with Ball,Kirk & Holm was awesome."Terry D.
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The teamwork at Ball, Kirk & Holm were very informative & in constant contact.Russ, Personal Injury Client