Last Updated: 12/29/2022
This is a question we hear all the time because the insurance adjuster will tell injured workers "I am closing your case".
These words from an insurance adjustor really mean nothing at all, but they hope that you will believe them and not going any further with your claim. The reality is that in Iowa if you are hurt at work then you have lifetime medical benefits for the work injury. That sounds great but is really not as great as it sounds because often they will end up denying medical care blaming your condition on arthritis, etc. However, this still does not mean you should just believe what the insurance adjuster is telling you.
Are You Owed More Money?
For example, you may be owed significantly more money than what they have paid you for PPD (permanent partial disability) despite the fact that they have told you your case is closed. Also, if you have been paid workers' compensation benefits then you have up to 3 years from the date of last payment to bring a petition for benefits. The fact that they told you your case is closed is not what Iowa law provides for.
The best way to find out if what you have been paid is fair is by speaking with a qualified and experienced Iowa workman comp attorney. You can start with a phone conversation and if it appears that you may be owed additional benefits then a more detailed meeting and records review will usually occur next. There is no cost or obligation to speak with any of the workman comp attorneys at our office.
Questions To Ask If You Are Owed More Money
Some of the information we look at when determining if an injured worker is owed additional benefits or not are as follows:
1. When were they injured and when were they last paid a workman comp check?
2. What type of injuries did they sustain? (back, neck, hand, brain, foot, CRPS, etc.)
3. What, if any, permanent work restrictions have been imposed?
4. Did they have an FCE (functional capacity evaluation) test and what did it show?
5. Did they receive an impairment rating, who was the doctor that provided it and how much is it?
6. Have they returned back to their normal job making the same or more money?
7. Have they been terminated or asked to leave their job because of the work injury?
8. If they have sustained a scheduled member injury (hand, arm, leg, foot, eye, etc.) did they previously sustain another scheduled member injury to another body party and may qualify for additional compensation under the Iowa Second Injury Fund Act?
The above are just a few of the questions we ask in order to see if we can help an injured worker obtain additional workman comp benefits that they are owed, but not being paid because the insurance adjustor has closed their file.
What Can You Do Now?
During the course of your workman comp case, you should keep the letters that the insurance company sends to you and keep the medical records and reports that your medical providers generate and provide to you. However, don't worry if you don't have these documents as we can obtain them from the insurance company at no cost under Iowa law.