- Ames Workers Compensation Attorneys
- Phone: 641-792-3595
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When workplace injuries occur, navigating the legal complexities can be overwhelming. That's where our Ames workers' compensation attorneys come in. Whether you were injured at Iowa State, Mary Greeley, Ames Schools, Public Works, REG, Danfoss, 3M, Corteva, DOT, or Kemin, our dedicated experts will advocate for injured workers' rights, ensuring fair treatment and proper compensation.
Workers' compensation can be complex, and navigating it correctly is essential to ensure you receive the benefits you're entitled to after a work-related injury. This comprehensive guide covers crucial aspects of workers' compensation, including what happens when your doctor releases you, how to avoid common insurance company tactics, and how to check the status of your claim in Iowa.
When Your Doctor Releases You: What Happens to Your Workers' Compensation?
When your doctor releases you after a work-related injury, the status of your workers' compensation benefits can change. The outcome depends on various factors, including whether you are released to regular job duties, light-duty work, or if you've reached maximum medical improvement (MMI).
Healed and Released to Regular Duties
If your injury or illness heals completely, and you can return to your regular job duties, your workers' compensation payments will typically stop. For example, if a delivery truck driver breaks an arm and a leg in an accident, and both fractures heal completely, they can return to work, ending their workers' compensation benefits.
Released with Job Restrictions
If you are released to work but with restrictions, your job responsibilities might be adjusted, or you might work fewer hours. In such cases, workers' compensation payments should continue if your treatment is ongoing. If you fail to adhere to the prescribed work restrictions, however, your benefits could be stopped. For instance, if your doctor advises light-duty assignments and you refuse, this could impact your eligibility for continued benefits.
Transition to Partial Disability Benefits
If your injury results in a lower wage due to job restrictions, your temporary total disability (TTD) benefits might transition to temporary partial disability (TPD) benefits. While TTD provides 80% of average spendable earnings, TPD pays two-thirds of the difference between pre-injury wages and reduced wages.
Maximum Medical Improvement (MMI)
If your physician determines that you have reached MMI, it means your condition has plateaued and further improvement is unlikely, although ongoing treatment may still be necessary. At this point, healing period benefits cease, and permanent disability benefits may begin if you have a permanent impairment.
Permanent Disability Benefits
If you have a permanent disability resulting from your injury, you may qualify for permanent partial disability (PPD) benefits if you can return to work with limitations. If you are unable to return to work at all, you may be eligible for permanent total disability (PTD) benefits.
Insurance Companies and Workers' Compensation Claims
Insurance companies may employ various tactics to minimize the amount they pay out on workers' compensation claims. Understanding these strategies can help you protect your rights and ensure you receive the full benefits you deserve.
Common Insurance Company Tactics
1. Claiming to Close Your File: An adjuster may claim to close your file to pressure you into settling for less than you are owed. However, they cannot close your file without your agreement, a signed settlement, and approval by the workers' compensation agency.
2. Paying Functional Impairment Rating in Lump Sum: Adjusters might offer a lump sum for your functional impairment rating in exchange for signing documents that close your medical care and file. This means no more medical care for your injuries and no additional compensation if your condition worsens or your job situation changes.
3. Accusing You of Non-Work-Related Injuries: Adjusters may be abrasive or accuse you of getting hurt outside of work to deny your claim. If your claim is denied, you must contact a workers' compensation attorney to appeal.
Statute of Limitations
In Iowa, the general statute of limitations for filing a workers' compensation claim is two years from your date of injury. This can be extended if you are paid TTD, TPD, or PPD benefits. Consulting with a qualified Iowa workers' compensation attorney well before the deadline is crucial to avoid losing your right to benefits.
Checking the Status of Your Workers' Compensation Claim in Iowa
To check the status of your workers' compensation claim, follow these steps:
1. Contact Your Attorney: Your attorney can communicate with the workers' compensation insurer and your employer to provide updates on your claim.
2. Contact the Insurance Company: If you do not have an attorney, you can directly contact the workers' compensation insurance company handling your claim.
3. Reach Out to the Iowa Division of Workers' Compensation: For further assistance, contact the Iowa Division of Workers' Compensation at 1000 East Grand Avenue, Des Moines, Iowa 50319-0209, phone 515-281-5387 or (800) JOB-IOWA.
Delays in Settlement
Disputes over whether your injury is work-related or the degree of impairment can delay your workers' compensation settlement. If you disagree with your impairment rating or feel you are not ready to return to work, you may need to request an independent medical exam or explore other options. Such disputes might require appealing a denied workers' comp claim with the Workers' Compensation Commissioner.
Communication with Your Attorney
Your attorney should keep you informed about your case. If your attorney fails to provide updates or if you have trouble reaching them, consider looking for a new attorney. Ensure you understand how a new firm handles communication, including regular updates and availability for inquiries.
Getting Legal Assistance In Ames
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 Ames 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.