Below is an explanation as to why you should hire an Iowa work comp lawyer in the case of an Iowa work injury that involves a pre-existing injury. You should know that by hiring the right Iowa work comp lawyer you will be able to save a lot of hassle and get the amount that you really deserve.
Some employers and insurance carriers try to deny pre-existing conditions, but this does not mean your entitlement to Iowa Workers' Compensation is invalid. Just because an employee has a previous injury, condition, or proclivity to injury does not result in the preclusion of benefits.
In Iowa, the Supreme Court has also held that aggravations of pre-existing conditions are fully compensable.
A pre-existing condition which is aggravated or accelerated by an Iowa work injury is deemed a compensable injury under the Iowa Workers' Compensation Act.
Nicks v. Davenport Produce Co., 254 Iowa 130, 115 N.W.2d 812 (1962).
It is a well established principal of Workers' Compensation law that if a Claimant had a pre-existing condition or disability, aggravated, accelerated, worsened, or “lighted up” by an injury which arose out of and in the course of employment resulting in a disability found to exist, he would be accordingly entitled to compensation. Musselman v. Central Tel. Co., 261 Iowa 352, 359, 154 N.W.2d 128, 132 (1967)
Department of Transportation, State of Iowa v. VanCannon, 459 N.W.2d 900 (Iowa App. 1990)
Since aggravations and accelerations of injuries are compensable, it is important to see a physician you can rely on to deliver an accurate, unbiased examination--however, according to the Iowa Work Force Commission and under Iowa Worker’s Compensation law the employer has the right to choose the physician for medical care (Iowa Code Section 85.27). While this may result in a favorable choice for the employer, an employee is entitled to an additional examination with a physician of their choice if the employee feels he/she is receiving inadequate care or is dissatisfied with the impairment level determined by the initial physician (Iowa Code Section 85.39).
In order to make sure your legal rights are honored legal representation may be necessary for complex Iowa work injury cases. While an understanding of basic Iowa worker's compensation laws and regulations is helpful, at times it may be helpful to seek advice to protect your rights, and make sure you file your claim within the statute of limitations. Just because you are discussing the claim with the Workers' Compensation insurance carrier does not end your obligation to meet the deadlines imposed by the Iowa Workers' Compensation laws. In Iowa those laws require you to file the claim within two years of the date of injury or three years from the date of the last payment of weekly Workers' Compensation benefits.
No matter the type of Iowa work related injury, it is important to get the right Iowa work comp lawyer. Pothitakis Law Firm P.C., has been helping clients with pre-existing conditions get the compensation they deserve for nearly two decades.