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4 Things You Need to Know About Iowa Work Injuries and the Workers' Compensation System

Every year more than 10,000 Iowans suffer work injuries requiring medical care. Thankfully, most of these injuries are temporary and do not affect the injured workers ability to work long term. However, whether your work injury is temporary or permanent there are 4 things need to know about Iowa's workers' compensation system:

1. You need to report your work injury to your employer as soon as you believe you sustained a work injury. If you have a traumatic injury, like you are lifting something and have pain, then you should follow the proper procedures and both report the injury and request medical care immediately. If your injury is a cumulative injury, meaning that it developed over time, it is more difficult to know when the best time is to report the injury. From a legal perspective you are required to report your Iowa work injury within 90 days of when you knew or should have known that your medical condition has been caused by your work activities. However, even if you do not report your problems right away, but a doctor tells you months after your problems began that they are work related, then you may still be able to successfully bring an Iowa workers' compensation claim.

2. Iowa law allows the employer and/or their insurance company to choose your doctors and other medical providers if they admit that you sustained a work injury. The basis for the law is if they are going to pay your bills, then they get to choose where you go. You are always free to seek medical care on your own, but if you want your employer and/or their insurance company to pay then you are required to see their doctors. Also, keep in mind that they will likely only follow the recommendations of their doctors so if for example your doctor takes you off work, then they will probably not pay you any weekly workers' compensation benefits. There are some limited exceptions to the employer choice rule. For example, if their doctors say they have nothing more they can do for you, but you see a doctor on your own who says there is medical care that can help. Under that situation, you are required to send a letter to them with the report and request that the medical care be provided. If they do not authorize the care, then you can file a petition for alternative medical care. This is a general example and the process and procedure is somewhat complicated so you should consult with an attorney if you are having medical care issues in your workers compensation case..

3. When it comes to compensation for permanent work injuries, there is a significant difference in Iowa between unscheduled member injuries also known as industrial injuries (shoulder, neck, back, hip, brain, RSD/CRPS, nervous system disorders, etc.) and what are called scheduled member injuries (arms, feet, hands, fingers, toes, legs, feet, hearing loss, eyes, etc.). For example, under Iowa law if you have a shoulder injury and the doctor releases you with a 15 pound weight restriction and a 5% impairment rating, then chances are that you will be entitled to not only your impairment rating of 5% (5% X 500 weeks = 25 weeks), but much more compensation because of your permanent restrictions. Whereas, if you sustained a hand injury which resulted in a permanent 15 pound weight restriction and 5% impairment rating then you would only receive 5% of the maximum value of a hand which is 190 weeks (5% X 190 weeks = 9.5 weeks). Note: There are some exceptions to this law. If you have sustained bilateral injuries (injuries to both hands, both arms, both legs, etc.) and are permanently and totally disabled then this would not apply. Also, if prior to your scheduled member work injury you had a permanent injury to another scheduled member then you may qualify for additional benefits under the Iowa Second Injury Fund. You should consult with an attorney to find out if you qualify for one of the above exceptions.

4. If you hire an attorney in your work injury case and are receiving weekly benefits when you hire him/her, then the attorney should not immediately start taking a fee on these benefits. The attorney may eventually earn a fee, but the attorney should not take a fee on benefits which are being voluntarily paid to you. An example would be if you fall at work and injure your shoulder requiring surgery for a torn rotator cuff and the doctor releases you with a 5% body as a whole impairment rating then this generally means that you should receive a minimum of 25 weeks of permanent benefits (500 X 5% = 25 weeks). No attorney fee should be taken on this amount if it is voluntarily paid. However, remember that the impairment rating is one of many factors to consider in an unscheduled member/industrial disability injury. If the attorney is able to settle your case for more than the impairment rating or if you have a trial and it is determined that you have more than 5% industrial disability, then the attorney has earned a fee on those additional benefits.

If you would like to learn more about Iowa work injuries and our workers' compensation system then you should request a copy of our book that we offer at no cost, risk or obligation entitled “Iowa Workers’ Compensation- An Insider’s Guide to Work Injuries” including 7 Deadly Mistakes to Avoid if You are Hurt at Work. We have dedicated our careers to helping Iowans who have been injured at work and in other injury accidents and we offer our book at no cost because we have seen too many hard working Iowans make costly mistakes. Iowans hurt at work are beginning to realize that their employer and/or their insurance company is not there to help them with their work injury claim and that they should learn about Iowa's sometimes complicated workers' compensation laws. Finally, there is a book about the Iowa workers' compensation system that you can review in the comfort of your own home. Click here now to request your copy.