Get Your Questions Answered Today By Iowa Workers' Compensation Attorney Nicholas Pothitakis
After an on-the-job injury, you probably have a number of questions about who was at fault, whether you are owed compensation, and whether you need an attorney to assist you with your claim. Below, we've answered some of the most common questions that we hear at our law firm.
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Can I still seek Iowa Workers' Compensation if I had previous back issues and my Iowa work injury worsened my back problems?
In accordance with Iowa Workers’ Compensation laws, a deterioration of a pre-existing physical problem will be considered a new Iowa work injury. You will still qualify for Iowa Workers’ Compensation benefits if your Iowa work injury worsens your prior problem in regards to pain, severity, or frequency. The Iowa Workers’ Compensation insurance company and your employer might try to dispute that your present injury is linked to your previous condition. However, the medical testimony can usually validate changes/worsening of your condition due to an Iowa work comp injury. This is true regardless if the pre-existing condition was due to work or not.
The medical proof that needs to be founded is that your Iowa work injury worsened your previous problem in creating disability.
Therefore, if you experience any kind of Iowa Workers’ Compensation aggravation injury, or if your condition worsens due to a work activity, it is extremely important that you report it to your employer so that it can be reviewed. In these scenarios, it may be advisable to consult with a professional Iowa Workers’ Compensation lawyer.
Am I entitled to Iowa Workers' Comp benefits if my injury came on gradually at work due to my work activities, instead of one particular work incident?
Iowa Workers’ Compensation injuries can be categorized as traumatic occurrences or what we refer to as “cumulative injuries.” Cumulative injuries are Iowa work injuries that progress gradually due to an activity at the workplace. Traumatic injuries and cumulative injuries are both eligible for compensation in accordance with Iowa Workers’ Compensation laws.
In several situations, your employer and the Iowa Work Comp Insurance company attempt to disprove the cumulative injury claims. When you have a physical condition that you deem as being work related, it is necessary that you bring this to your doctor’s attention at the time of your appointment. Also, it is necessary to tell your employer that this condition could be work related.
You need to fill out an accident form or an incident report from your place of work. This provides notice to your employer of your possible Iowa Workers’ Comp injury claim. Your right to Iowa Workers’ Compensation benefits would be influenced by whether the physicians determine that your work injury was caused or aggravated by your Iowa work activities. For important questions like these, you should consult with an attorney who has considerable experience with Iowa Workers’ Compensation law.