Is your shoulder injury covered under Iowa’s workers’ comp law?

Shoulder injuries are among the most common injuries suffered by employees. The types of injuries associated with shoulder joints range from mildly uncomfortable to severely painful, but any variation of discomfort may affect a worker’s ability to perform job-related tasks. The most frequently reported types of shoulder injuries are:

  • Shoulder dislocation
  • Rotator cuff tear
  • Shoulder bursitis
  • Shoulder impingement syndrome

An employee is entitled to workers’ compensation benefits if the shoulder injury or shoulder pain was cause by the performance of job-related duties or a workplace accident. The employer’s insurance must pay for all the medical bills associated with the injury. Income replacement benefits may be provided when the employee needs to adjust work duties, is unable to return to work, or is permanently affected by the injury.

If you sustained a shoulder injury in a workplace accident or during your employment, please get in touch with our workers’ compensation lawyers at the LaMarca Law Group, P.C. to learn about your legal options. Call our Des Moines office at 877-327-2600 today.



Worker dies after Buffalo quarry accident

The Quad-City Times reported that a worker at a cement company died after an accident at Continental Cement Co. on December 15. A Medic ambulance and the authorities from Buffalo Police and Fire Departments were called to the scene of the accident at around 3:00 p.m. when a man suffered head trauma after he was hit by a falling boom, reports stated.

According to a Buffalo officer, the man was doing contract work for the Lafarge company at the time of the accident. The boom malfunctioned while being lowered and fell, causing the man to be trapped under the heavy piece of machinery. Sergeant Alex Gries of the Buffalo PD said that the victim appeared to be in stable condition when responders arrived and was taken to a hospital.

Unfortunately, the worker sustained serious damage to his head, neck, and chest, and he died of his injuries after being transported to General East Hospital in Davenport.

The accident is being investigated by officials including the Mine Safety and Health Administration.



Types of workers’ compensation benefits in Iowa

Iowa employers are required to provide workers’ compensation benefits to their employees. The three types of workers’ compensation benefits are as follows:

  1. Medical Benefits – Any medical care that an employee requires as a result of a workplace injury will be paid for by the employer and insurance provider. The employer has the autonomy to choose the doctor. The employer and insurance provider must reimburse the employee for any travel expenses (fuel) associated with medical appointments.
  2. Permanency Benefits – An employee may receive permanent partial disability benefits after sustaining a permanent injury, and it is provided based on the degree of the disability and the earning capacity of the employee thereafter.
  3. Wage Replacement Benefits – Any wages that are lost as a result of your workplace injury will be paid for by your employer and insurance provider. This also makes up for wages that would be made otherwise if the employee must work fewer hours for a certain period of time after the injury.

If you are in the process of filing a workers’ compensation claim in Iowa, consult with our legal team at the LaMarca Law Group, P.C.. Don’t hesitate to call our Des Moines office at 877-327-2600.



The Basics of Filing a Workers’ Compensation Claim in Iowa

After a workplace-related accident, you should notify your employer within 90 days to make sure that you will get the benefits you need. The employer will then complete a report for the insurance provider. Employers in Iowa are required to provide insurance to cover all possible workers’ compensation claims. If they don’t provide coverage, they will be liable under Iowa law.

A smooth transaction is much more likely when employees properly follow procedures, comply with all requirements, and establish that the accident happened during employment. The benefits you will be eligible to receive may be medical benefits to cover the cost of care and recovery or disability benefits to replace the wage you are no longer able to earn due to your injury.

Any dispute in the transaction should be dealt with in the presence of a workers’ compensation commissioner. It is the employee’s duty to notify the commissioner if the benefits were unsatisfactory or if it was not provided at all. Failure to report any dispute may lead to the loss of benefits. Any other claims and issues should be brought to the commissioner within three years of the accident. If you feel that a ruling made by the commissioner is unjustified or unfair, you may appeal the decision to the Iowa court of appeals.

Above all else, a skilled workers’ compensation attorney can help you get the results you need when pursuing compensation from your employer’s insurer. If you are in the process of filing a workers’ compensation claim in Iowa, contact the attorneys of the LaMarca Law Group, P.C., by calling our office at 877-327-2600 today.



Worker injured in road collapse

According to news reports, a man was pinned underneath a trench while working on a construction site after an old road collapsed at Cedar Bend Street in Waterloo on October 8th. The man sustained non-life-threatening injuries.

Two men were working on a storm drain as part of the Iowa Flood Project when the collapse occurred. Waterloo Fire and Rescue Chief Mike Moore said that the men were lucky to be alive and that the previous trench collapse left a man dead. There was an excavator in the area and the trapped man’s coworkers were able to lift the concrete off of him. Moore mentioned that this could have been more harmful, but that it likely saved the worker’s life in this instance.

Occupational Safety and Health Administration told reporters that they investigate all cases in which workers are hospitalized. Reports show that the contracted company for the project, Ricklefs Construction, has no prior violations.

It is up to construction companies to ensure the safety of their workers at every stage of construction. When these businesses fail to do this, they should be held responsible for the injuries and damage their actions caused. If you have been injured in a construction accident, call the workers’ compensation attorneys of the LaMarca Law Group, P.C. at 877-327-2600 today.



When does one become eligible to file a workers’ comp claim?

According to legal editor Bethany Laurence, one may file a workers’ compensation claim as soon as the person injures themselves on the job or when the person begins to develop an illness that is work-related.

It becomes a disadvantage if a worker prolongs or delays the filing of the claim in the sense that the worker’s compensation insurance carrier may already deny the benefits. The delay may be taken as a warning signal by the insurance carrier, and may pose further complications such as the legitimacy of the injury being questioned.

The processing of the workers’ compensation claim includes the disclosure of your injury to your employer and the formal filing of the claim.

Filing a workers’ compensation claim is a tedious job especially if you are working and processing the claim simultaneously. It is always safe to seek legal help in order to fully exhaust all possibilities of compensation and legal rights. Speak with our lawyers at the LaMarca Law Group, P.C. and call our Des Moines office at 877-327-2600.



OSHA revises manual for firefighters’ safety

Firefighting is not an easy task.  Firefighters face potential hazards to their own health in their daily jobs. On September 17, the Occupational and Safety Health Administration (OSHA) published a revision of the manual, Fire Service Features of Buildings and Fire Protection Systems.

OSHA revised this publication, stating that fire personnel will be able to respond to an accident sooner and more safely if the building meets the needs outlined for emergencies. The revised manual also has new chapters on water supply and integration of design elements. The manual is aimed at helping emergency responders during fires and other emergencies, according to OSHA.

The OSHA Act of 1970 states that employers are responsible for providing a safe workplace for the employees.

If you are a firefighter or you know one who is aggravated by negligent employers, you may want to consult with our workers’ compensation lawyers at LaMarca Law Group, P.C. and call our Des Moines offices at 877-327-2600.



What you need to know about working in confined spaces

To reduce the number of fatalities and injuries associated with working in confined spaces, the Occupational Safety and Health Administration (OSHA) has recently revised its policy requirement for confined space work, which now covers crawl spaces and attics.

The new ruling requires employers to implement a permit program to protect workers from the hazards of working in a dangerous confined space. Contractors are also required to conduct an inspection before entry to ensure that the air is free from toxic and flammable substances, proper ventilation is present, points of entry and exit have been identified, and all potential hazards are controlled.

Employees working in attics, crawl spaces, and other confined areas are at great risk of suffocation and engulfment. To know more about seeking the compensation you deserve after being injured in a work-related incident in Des Moines, our legal team at the LaMarca Law Group, P.C. are willing to help you. Call us at 877-327-2600 today for a free evaluation of your case.



New beryllium exposure limit proposed by OSHA

The Occupational Safety and Health Administration (OSHA) plans to lower workers’ exposure limit to industrial mineral beryllium in amounts up to ten times less than the current standard, according to a report by 9News.

The agency plans to lower beryllium exposure in the workplace to 0.2 micrograms per cubic meter – much lower than the 2.0 mcg/m3 set by the Atomic Energy Commission in 1948. The agency estimates that around 50 serious illnesses and 100 deaths will be avoided annually by this move. Approximately 35,000 workers will be positively affected when this measure is approved.

Employees exposed to dangerous levels of beryllium may work in dental laboratories, metal foundries, and aircraft factories.

Being exposed to beryllium or other harmful elements at work can be tremendously worrying. You don’t have to feel alone at this crucial time. We at the LaMarca Law Group, P.C. might be able to help you secure the financial assistance you need at this difficult time. Call our Des Moines office at 877-327-2600 to learn more about filing for workers’ compensation benefits today.



OSHA seeks to reiterate employers’ duty to maintain injury records

In light of a 2012 court decision, the Occupational Safety and Health Administration (OSHA) has proposed a new rule clarifying employers’ duty to keep records of work-related injuries and deaths within a five-year time period, according to a report by Business Insurance on July 29.

Under the proposed rulemaking, OSHA reiterated that employers are required to keep records of illnesses and injuries in the workplace that have resulted in deaths, job transfer or restriction of work activities, diagnosis of an illness, days off work, loss of consciousness, and treatment beyond first aid within a span of five years. However, the ruling doesn’t propose any additional illnesses or injuries that an employer needs to record other than what is already required.

Work-related accidents affect not just your physical well-being, but your financial stability as well. The legal team at the LaMarca Law Group, P.C., may help you file a workers’ compensation claim, so you may receive funds while you are unable to work. Call our Des Moines office at 877-327-2600 for help.



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