Altoona Workers Compensation Attorneys

When workplace injuries occur, navigating the legal complexities can be overwhelming. That's where our Altoona workers' compensation attorneys come in. Whether you were injured at Altoona Schools, Prairie Meadows, Adventureland, Hy-Vee, or Public Works, our dedicated experts will advocate for injured workers' rights, ensuring fair treatment and proper compensation.

Understanding workers' compensation in Iowa is crucial for employees dealing with work-related injuries. This guide provides a comprehensive overview of various aspects of workers' compensation, including tax implications, potential issues with payments, the complexities of permanent partial disability, and what happens if you get fired while on workers' comp. It also covers how impairment ratings affect benefits and the process for dealing with disputes involving medical treatments such as epidural injections.

Are Workers’ Compensation Benefits Taxable?

Generally, Iowa workers' compensation benefits are not taxable. You should not receive a 1099 or W-2 form requiring you to report this income on your tax returns. If your tax preparer advises you to report it as income, consider finding a new tax preparer.

However, there are limited exceptions. Occasionally, a workers' compensation insurance company might send a 1099 form for interest or penalties paid on benefits. If you receive any tax documents from the workers' compensation insurance company, take them to your tax preparer to determine if they need to be included in your income tax return. This situation is uncommon, and most injured workers do not pay taxes on their workers' compensation benefits.

Can Workers’ Comp Stop Payments Without Giving Notice?

Yes, the workers' compensation insurance company can stop paying your weekly checks without notice, similar to how you might stop paying bills you owe. While Iowa law requires the insurance company to provide a 30-day notice under certain circumstances, known as an Auxier notice, this is not always followed in practice.

What Can You Do If Payments Stop?

1. Contact the Insurance Adjuster: If you are not represented by an attorney, call the insurance adjuster to find out why you have not received your check. Sometimes, delays occur due to federal holidays or administrative errors.
2. Document Everything: Keep copies of the envelopes and checks you receive to prove the mailing dates. Insurance companies can be penalized up to 50% of the owed amount for late payments, known as penalty benefits.
3. Consult an Attorney: If your checks have stopped or are continually late, consult an experienced Iowa workers' comp attorney to discuss your options and potential penalty benefits.

What If I Get Fired While on Workers' Comp?

This is a common and concerning question for injured workers. If you get fired while on workers' comp, the reason for your termination is critical. If you were fired because you did not show up to work without a doctor's excuse, it negatively impacts your workers' comp case. However, if you were fired because your employer could not accommodate your permanent work restrictions, it might benefit your case.

Key Points to Consider:

1. At-Will Employment: In Iowa, you are an employee at will, meaning you can be fired for any reason or no reason at all. This remains true even if you are receiving workers' compensation.
2. Legal Protections: You may have some protection under the Family Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), or a collective bargaining agreement. These laws may help you get your job back or claim additional damages later.
3. Consult an Attorney: If you are terminated, consult an attorney immediately to understand your rights and explore potential remedies, including filing for unemployment.

Filing for Unemployment:

Filing for unemployment requires careful consideration:
1. Ready, Willing, and Able to Work: You must certify that you can perform work available in the open labor market, not necessarily your old job.
2. Work Credits: Ensure you have enough quarterly work credits to qualify. If you have been off work due to your injury, Iowa Workforce should consider your work history prior to the injury.
3. Timing: You cannot receive both TTD (temporary total disability) benefits and unemployment simultaneously. Consult an attorney to determine the right time to file.

Workers' Comp Permanent Partial Disability: Scheduled vs. Unscheduled

If you suffer a permanent but not complete disability on the job, you may qualify for permanent partial disability (PPD) under Iowa’s workers' compensation law. The amount and duration of benefits depend on the injured body part.

Scheduled Member Disabilities:

The Iowa Division of Workers' Compensation uses Appendix A to determine PPD benefits for specific body parts. The table below lists the scheduled body members and corresponding eligible weeks:

- Loss of thumb: 60 weeks
- Loss of first finger: 35 weeks
- Loss of second finger: 30 weeks
- Loss of third finger: 25 weeks
- Loss of fourth finger: 20 weeks
- Loss of hand: 190 weeks
- Loss of arm: 250 weeks
- Loss of great toe: 40 weeks
- Loss of any other toe: 15 weeks
- Loss of foot: 150 weeks
- Loss of leg: 220 weeks
- Loss of eye: 140 weeks
- Loss of hearing in one ear: 50 weeks
- Loss of hearing in both ears: 175 weeks
- Permanent disfigurement, face or head: 150 weeks
- Body as a whole/industrial disability: 500 weeks

If you lose complete function of a body part listed above, you will receive benefits for the entire duration. For partial loss, e.g., 50% of arm function, you receive benefits for half the allotted time, or 125 weeks.

Unscheduled Disabilities:

Unscheduled losses include injuries affecting multiple body parts or the body as a whole, such as back injuries, head trauma, or psychological conditions. PPD benefits for unscheduled disabilities are calculated based on the degree to which the disability affects your earning capacity. Factors considered include:

- Impact on earnings
- Medical history
- Duration of healing period
- Work experience prior to the injury
- Potential for rehabilitation
- Qualifications, including intellectual, educational, emotional, physical, age, and motivation
- Degree of functional impairment
- Lost earnings due to job changes necessitated by the injury
- Inability to perform suitable work

Because there is no specific protocol for using these factors, there is a degree of discretion on the insurer's part. If you believe your rating is unfair, contact a disability attorney.

Challenging Your Disability Rating:

If your workers' comp claim is denied or you receive a lower rating than expected, your attorney can guide you through negotiations and the appeals process. Your lawyer may work out an agreement with your employer or insurer to obtain a fair rating and benefits.

Important Information About Impairment Ratings

Impairment ratings significantly affect the benefits you receive. Once you have recovered as much as possible, your doctor will notify the insurance company of any assigned impairment rating.

Steps to Take After Receiving an Impairment Rating:

1. Medical Report Transmittal Form: Ensure this form is filled out and submitted to the Iowa Division of Workers' Compensation. It is required if you suffer permanent disability or your temporary total/partial disability extends beyond 13 weeks.
2. Independent Medical Examination (IME): If you disagree with the impairment rating, you can request an IME with a physician of your choosing at the employer’s expense.
3. Understanding Your Entitlements: You may be entitled to more than just the impairment rating. Settling your case prematurely could lead to a significant loss of benefits.
4. Lump Sum Payments: You can obtain a lump sum payment and accrued interest while retaining the ability to pursue potential future claims.
5. Case Type: Determine whether your case is an industrial disability injury or a scheduled member injury to understand the benefits you should receive.
6. Seek Legal Advice: Before settling, educate yourself about Iowa's workers' compensation laws and consult an attorney.

Workers’ Compensation Benefits and Epidural Injections for Back Pain

Workers who perform heavy lifting often suffer from back problems and may require epidural injections as part of their treatment. These injections should be covered by workers’ compensation. If there are issues with coverage, an appeal can be filed with the Iowa Workers’ Compensation Commissioner (IWCC).

What Are Epidural Injections?

Epidural injections involve injecting corticosteroids into the epidural space to reduce swelling in the spine and alleviate pain. They are used to treat conditions such as disc herniations, spinal stenosis, and spondylolysis. Possible complications include bleeding, infection, nerve damage, and dural punctures.

Workers’ Compensation Disputes Involving Epidural Injections:

Workers’ compensation insurance generally covers medical expenses related to work injuries, including disability benefits based on the employee’s ability to work and any permanent impairment. If a doctor denies an injury or is biased, a worker can file an appeal for alternative medical treatment with the IWCC.

Permanent Disability:

If continued treatment does not improve the employee's condition, it may be classified as a permanent disability. Industrial disabilities related to the back are assessed based on various factors, including injury and impairment, restrictions, skills, education, and work experience.

Getting Legal Assistance In Altoona

Navigating the complexities of Iowa workers' compensation laws can be daunting, especially during the recovery process from a workplace injury. Seeking guidance from a seasoned Altoona Workers' Comp attorney is invaluable in ensuring your rights are protected and maximizing your chances of a favorable outcome.

Legal professionals play a pivotal role in gathering evidence, preparing documentation, and advocating for your interests throughout the claims process. Don't risk missing out on the compensation you deserve – enlist the support of a qualified attorney to navigate the complexities with confidence.

The Iowa Workers' Compensation attorney team at Walker, Billingsley & Bair know the importance of protecting your work injury claim from the get-go. That's why we provide this FREE book; Iowa Workers' Compensation - An Insider's Guide to Work Injuries: 7 Deadly Mistakes To Avoid If You Are Hurt At Work. To learn more about what our legal team will do to help you protect your Iowa work injury claim, contact Walker, Billingsley & Bair to schedule a no-cost consultation - 641-792-3595.