Attorneys
With many mental health facilities in Iowa now closed, more dangerous patients are concentrated at fewer facilities, such as MHI Independence or Cherokee Mental Health Institute. Unfortunately, this can lead to more injuries when nurses or other service providers are attacked. While overall it seems that the State of Iowa has ignored the safety of these workers, you should know what to do if you or a loved one has been hurt at work while working for the State of Iowa
Workers who have the hardest work are also put in the most dangerous situations. Whether you are a nurse at MHI (Mental Health Institute) in Independence, work at Cherokee Mental Health Institute, or are an Iowa prison guard or other prison personnel, getting injured while employed with the State of Iowa comes with its issues to consider.
Sedgwick/Iowa is Self-Insured
Your claim will most likely be handled by Sedgwick, which is not Iowa’s insurance company, but rather is a TPA (third-party administrator) that acts like an insurance company. Iowa is self-insured for workers’ compensation matters, and your adjuster at Sedgwick does not work directly for the state of Iowa.
This is important because often these adjusters seem to receive incentives, such as bonuses for paying injured workers less than what is owed on their claims. This is because they are not subject to bad faith claims as actual insurance adjusters can be.
Partially because of this, Sedgwick is known for being unresponsive to requests for medical care, weekly benefits, etc. If you are getting the run-around on your medical care or checks, then it may be time to call an experienced workers’ compensation attorney to see what can be done and get the compensation you deserve.
Do Iowa Workers' Comp Attorneys Charge Upfront Fees?
A trustworthy Iowa workers’ compensation lawyer shouldn’t require a retainer or any upfront payment. If you’re already receiving weekly benefit checks, the attorney should not take any portion of those payments. Your lawyer should also not charge a fee based on the impairment rating assigned by the defendant’s doctor.
For example, if you have a back injury and have had surgery, you might be given a 10% whole person permanent impairment rating. You should receive at least 50 weeks (500 X 10%) of benefits paid voluntarily by the insurance company.
The permanent benefits are called PPD (permanent partial disability), and you will usually receive a letter from Sedgwick indicating which PPD they are voluntarily paying you. Unless your lawyer must perform additional work to secure payment of this rating, they shouldn’t charge any fee on these PPD benefit payments.
Defense of Your Case by the Attorney General’s Office
If you end up filing a petition or your claim is otherwise escalated, then one of the assistant attorney generals from the State of Iowa will be defending your case. They are state employees just like you are, but they have more resources available than some defense attorneys. This includes access to doctors at the University of Iowa, who are overall well respected, but it seems that they go out of their way sometimes to help defend claims against the state.
Is my job with the State of Iowa safe after a work injury?
The State of Iowa is subject to the same employment laws as other employers, such as the FMLA (Family Medical Leave Act), ADA (Americans with Disabilities Act), COBRA, etc.
If you have worked for the State of Iowa for 1 year or longer and during that time worked at least 1,250 hours, then you should have some protection from the FMLA, which protects your job for up to 12 weeks during Iowa’s calendar year, which runs July 1 to June 30. In order to qualify for FMLA, you have to complete the necessary forms, including having a doctor certify that you should be completely off work or are otherwise limited in what you can perform.
For state of Iowa employees, depending upon when you are injured, you may end up with more than 12 weeks of leave available. Remember that FMLA itself provides no direct pay or wage replacement, though you might still collect weekly workers’ compensation, sick time, or disability benefits while on FMLA leave. You are also likely protected by a union collective bargaining agreement, so you should immediately contact your union if you lose your job or if anything happens with your employment.
What if my workers’ compensation claim is denied by the state?
Your claim being denied does not mean that your claim is over, but it does mean that the State of Iowa is not likely to provide you with additional medical care through workers’ compensation or weekly benefits. If your injuries are not permanent and you are able to go back to your job working at the state, making the same or more money, then you may decide that the claim is not worth pursuing.
However, if you are still having problems with your injury and/or something happens to your job, then you should at least contact an experienced work injury attorney to see what they recommend. Reputable Iowa work comp attorneys will provide you with a no-cost evaluation of your case and will give you advice on whether they think the claim is worth moving forward with.
Independent Medical Examination (IME) under Iowa Code Section 85.39
Once Sedgwick or the State of Iowa receives an impairment rating from the physician they select, you are entitled to schedule a medical evaluation (often called a second opinion) with a doctor you choose, and you should be reimbursed for the cost of that examination.
Keep in mind that you do not want to just go see any doctor for this evaluation. There are a handful of highly specialized doctors throughout the State of Iowa that we have our clients see. Choosing the wrong IME doctor can not only hurt your case, but you will have wasted your ability to obtain an IME.
This medical examination is not for actual treatment, but rather an evaluation of causation, permanent impairment rating, recommended future medical care, MMI (maximum medical improvement), and permanent work restrictions.
IME doctors don’t give direct medical care or ongoing treatment, yet experienced and credentialed IME physicians, having evaluated thousands of injured workers, are well placed to suggest treatment options with other specialists.
What if I want to quit my job with the state?
You are legally permitted to leave your job, but doing so may create multiple complications for your workers’ compensation claim. For instance, if you take a new position and report new or worsening symptoms tied to your work injury with the state, Sedgwick will likely argue that those issues were caused by your new employment.
Also, if the State of Iowa offered you a position that fits within your medical restrictions, but you declined to take it, you could risk losing TTD (temporary total disability) benefits entirely and seeing a significant cut in the PPD (permanent partial disability) benefits you’re entitled to receive.
If you’re thinking about resigning from your state job, contact an experienced workers’ compensation attorney before you do. They can explain how leaving could harm your workers’ comp claim and help you weigh the consequences so you can decide wisely.
Where should you go from here?
Iowa's workers’ compensation system is frankly difficult for an injured worker to navigate, and many traps have been set by the Iowa legislature, which can cause you to make a costly mistake.
The good news is that we know these traps, and our experienced Work Injury team can help you avoid these traps so that you receive the compensation that you deserve. For a no-cost work injury evaluation with one of our experienced and qualified Work Injury Attorneys, call 641-792-3595. Your information will remain confidential, and there is no obligation to hire us.
If you are not ready to speak with an attorney, but would like to learn more about the workers' comp system, then request a copy of our book titled “Iowa Workers’ Compensation- An Insider’s Guide to Work Injuries” which includes the Iowa Injured Workers Bill of Rights. The book is available to Iowa workers at no cost or obligation. Finally, you can learn about the Iowa workers’ compensation system in the comfort of your own home.
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