Do Work Comp Benefits End If You’re Still Injured?

No, your workers’ compensation case in Iowa does not automatically end unless you either settle the case or fail to file a petition within the required time frame. Additionally, under Iowa workers’ compensation law, if you do not settle your claim, you may be entitled to lifetime medical benefits for your work-related injury. However, access to these benefits is subject to the discretion of your employer or their insurance company.

What are Some Things to Do and Not to Do?

Do stay in contact with your employer

If you are released to return to work, whether with or without restrictions, you must immediately contact your employer and make yourself available. Failing to do so can cost you tens of thousands of dollars in lost wages or benefits.

If you're terminated for not reaching out, you may also be denied unemployment benefits. Employers often claim they had work available and that you simply failed to ask, which can significantly hurt your workers’ compensation case.

Do not quit your job

If you quit your job, your weekly workers’ compensation benefits will likely stop, and you may not qualify for unemployment benefits. If you’ve been released to return to work without restrictions but believe the job is too physically demanding, it’s important to handle the situation correctly.

There is a right way and a wrong way to address these concerns, and speaking with an experienced workers’ compensation attorney right away can help you avoid costly mistakes.

Do not discuss “retiring”

Do not discuss plans to retire with anyone, especially not your doctor, employer, or the insurance company, others than possibly your spouse. Under Iowa workers’ compensation law, even a casual comment about retiring next year or at a certain age can be used by the insurance company to reduce the amount of compensation you receive. While it's fine to have a retirement plan, keep that information private, as it can be used against you to limit your benefits.

Should I settle my case?

First, understand that simply cashing checks from the workers’ compensation insurance company does not mean you are settling your case. For example, if you don’t fully recover from your injury, you may receive a functional impairment rating. Once you reach Maximum Medical Improvement (MMI), the insurance company is required to begin payments based on that rating, often partially as a lump sum and the rest paid weekly.

All workers’ compensation settlements in Iowa must be in writing and approved by the Iowa Workers’ Compensation Commissioner. Insurance companies may try to entice you with a lump sum payment and a few thousand dollars to close your case, including your medical benefits. While this may sound appealing, remember that accepting a settlement means giving up all your rights under Iowa’s workers’ compensation laws, and your employer could let you go the very next day. Always consult a qualified workers’ compensation attorney before agreeing to any settlement.

While it may sometimes make sense for an injured worker to settle their Iowa workers’ compensation case on their own, more often than not, they risk accepting a lowball offer that doesn't reflect the true value of their claim. Before agreeing to any settlement, always speak with an experienced Iowa workers’ compensation attorney who can evaluate your case and help determine if you're being treated fairly.

At Walker, Billingsley & Bair, we offer a free, no-obligation work injury evaluation. Your information will be kept strictly confidential. Call us today at 641-792-3595 to speak directly with one of our trusted workers' comp attorneys.

Your Right to Lifetime Medical Care

This initially sounds great, but in reality, often the insurance company will send you a letter telling you that they are closing your case and that your medical care is over. Under Iowa law, your right to medical care does not simply end because the insurance company says so. Unfortunately, many insurers ignore the law, hoping injured workers won’t take further action. That’s why it's so important to speak with a qualified Iowa workers’ compensation attorney.

If the insurance company refuses to provide additional medical treatment, Iowa law requires that you submit a written request stating why you are dissatisfied and what specific care you are seeking. If they fail to respond, which happens frequently, the next step is to file a petition for alternative medical care. The form is available on the Iowa Workers' Compensation website, and while you can attempt the process on your own, our firm assists clients with this at no additional cost.

Also, we are only paid if we can obtain more money than the insurance company voluntarily pays you, and then it is a percentage of the additional amount. The percentage depends upon whether your case is settled, if you have a trial, and if there are appeals.

If you would like to learn more about the medical care process for Iowa work injuries and how our Injured Iowans First Recovery Agreement works, then request a copy of our Iowa Work Injury Book. We offer the book at no cost to you because we have seen too many Iowans taken advantage of by insurance companies and end up getting ripped-off. Finally, you can learn about Iowa’s work comp. system in the comfort of your own home with no risk or pressure.

Your Right to a 2nd Opinion

If the company doctor has given you a functional impairment rating, whether it's 0% or 10%, you have the legal right to request a second opinion under Iowa workers’ compensation law. However, it's critical not to waste this opportunity by selecting just any doctor. There are possibly fewer than 15 doctors in Iowa we would trust to provide a fair and objective evaluation. Many others frequently work for insurance companies and may not have your best interests in mind. Choosing the wrong doctor can seriously harm your case. An experienced Iowa workers’ compensation attorney can help guide you to a trusted and qualified doctor for your second opinion.

Should You Immediately Get a 2nd Opinion?

Are you still working for the same employer, making the same or more money?

Is your work injury to a scheduled member (hand, arm, leg, foot, eye or shoulder) or is your work injury to an unscheduled body part (neck, back, hips, brain, CRPS (complex regional pain syndrome), mental health, etc.)?

Have you sustained 3 scheduled member injuries from the same work injury?

Do you qualify for the Iowa Second Injury Fund because you have a scheduled member work injury, but previously had a permanent medical condition to another scheduled member that does not have to be work-related?

It’s important to understand that even if your second opinion doctor assigns a higher functional impairment rating, the insurance company is not required to voluntarily pay it. In most cases, you’ll need to file a formal petition and possibly go to trial, or negotiate a settlement where they agree to pay based on the higher rating, plus potentially additional compensation to close your case.

Remember that trying to settle a work comp case on your own can be difficult and dangerous. Insurance companies often use legal loopholes and tactics to reduce what they owe injured workers. That’s why having an experienced Iowa workers’ compensation attorney on your side is crucial. There are no upfront costs, and attorneys are only paid if they recover more for you than what the insurance company has already offered.

Contacting a Work Injury Lawyer in Iowa

We hope that you find this information helpful, and we are here to help you if you need help. However, if you are not yet ready for help and instead want more information, then request our book that we offer at no cost or risk to you entitled “Iowa Workers’ Compensation- An Insider’s Guide to Work Injuries”.

Our book includes the Iowa Injured Workers Bill of Rights and much more. We offer our book at no cost because we want you to be able to learn about Iowa work comp laws in the comfort of your own home without any risk or pressure.

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