EMG, Nerve Damage, Iowa WC, Pushing for Medical Care

Today we need two problems addressed in order to know how to address a growing problem in Iowa Workers' Compensation cases.

Question: Will worker's compensation re-open my claim if the doctor said there is still something wrong with me?

Question Detail: I was released from my doctor on an injury from work 1 month ago. I have not signed any papers from work comp. 5 weeks after I was released I went back to the doctor and said I was not any better. Something is wrong. Question is, will work comp reopen my claim? I was scheduled for an EMG but work comp denied it. What do I do?

Answer: Probably. It all depends on whether or not you previously settled and the terms or form of the settlement. A lawyer will need to talk with you to give you a definitive answer.

Question Detail: I was released from my doctor on an injury from work 1 month ago. I have not signed any papers from work comp. 5 weeks after I was released I went back to the doctor and said I was not any better. Something is wrong. Question is, will work comp reopen my claim? I was scheduled for an EMG but work comp denied it. What do I do?

Answer: The general answer to your question is probably. If you haven't signed papers then chances are you haven't settled the case or closed out your right to receive continuing medical care. It all depends on whether or not you previously settled and the terms of the settlement. A lawyer will need to talk with you to give you a definitive answer. I would suggest you bring with you any correspondence from the case and all other documents in your case.  If you haven't hired a lawyer then you should not delay hiring one because an EMG indicates nerve damage may be involved. You don't get an EMG without first showing signs of nerve involvement with either compression or latency; either can cause pain, tingling, numbness or pins & needles. Whatever nerve involvement you feel it could mean your nerves are being subjected to long term damage and obviously that's not a good thing. Long term damage can result in weakness, loss of function that can cause stumbling, tripping or even falling. Insurance companies drag out or delay authorization hoping you will just give up. But you shouldn't just give up because nerve damage is permanent and requires prompt care. Watch the videos referenced in the next paragraph. 

Above are two videos on basic workers' compensation law. The first is Workers' Compensation 101, Just the basics and the second is Iowa Workers' Comp - Overriding the Adjuster's Refusal of Medical Care. Watch them both several times so you understand the basics. Good luck and if we can help with your case call the office next week. 

Watch the video in the queue and good luck. Call us if we can help.

Steve Lombardi
Iowa personal injury, workers' compensation, motorcycle, quadriplegic, paraplegic, brain injury, death
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