Attorneys
- Belle Plaine Workers Compensation Attorneys
- Phone: 641-792-3595
- Directions
A work injury can turn daily life upside down, and understanding the Iowa workers' compensation system can feel overwhelming for injured workers in Belle Plaine. Between settlement paperwork, doctor releases, and insurance company offers, it is easy to feel unsure about what you are actually entitled to. Walker, Billingsley & Bair has helped injured workers throughout Iowa make sense of this process. Below, we break down what kinds of settlements exist, what happens after you settle a claim, and what a doctor's release really means for your ongoing benefits.
What Will the Insurance Company Offer for a Work Injury in Belle Plaine?
After a work injury in Belle Plaine, an insurance company may offer one of several types of settlements, and the right option depends on the unique circumstances of the injury. A workers' compensation attorney can walk you through these differences so you understand exactly what you are agreeing to.
- Agreement for Settlement - all parties agree upon an amount, and once approved, it serves to protect an employee's future rights and secure their compensation.
- Compromise Settlement - used when there is a dispute about benefits. Once filed and approved, the parties no longer have rights to any future benefits tied to the injury settlement.
- Contingent Settlement - dependent upon a specific event, such as Medicare approval of the settlement. If that event does not happen, the approval and settlement may be voided.
- Combination Settlement - establishes a claim through an agreement of settlement, then eliminates the remaining balance of the claim with a compromise settlement.
- Lump Sum Payments - while not typical, a lump sum payment is sometimes awarded, which may cover all remaining future benefits or only a portion of them.
A workers' compensation attorney can answer questions about your claim while you focus on recovering from your injury. Walker, Billingsley & Bair also offers a free book, Iowa Workers' Compensation: An Insider's Guide to Work Injuries, to help injured workers protect their claims from the start.
What to Expect After a Workers' Compensation Settlement
This is an area that confuses many injured workers in Belle Plaine. If you sustain a serious work injury, you will likely at some point receive a letter and one or more checks for permanent partial disability based on your functional impairment rating. Most people assume this is a settlement, but in reality it is simply a payment the insurance company is required to make to avoid being penalized later. If you receive a check and have not previously agreed to a settlement or signed any paperwork, you should generally be able to cash the check without agreeing that it is a settlement or that it represents everything you are owed.
The only way to formally settle a workers' compensation case in Iowa is to sign settlement paperwork, submit it to the agency for approval, and have that settlement approved. Keep in mind that if you speak with an insurance adjuster on the phone and verbally agree to a settlement, the insurance company may still try to enforce it against you. It is always best to ask for their offer in writing so you can review it, rather than agreeing to something over the phone. If you do receive a written offer, consult with an experienced workers' compensation attorney before accepting, since a signed settlement is very difficult, if not impossible, to undo later.
There are several different types of settlements in Iowa workers' compensation cases, including:
- Agreement for Settlement - the parties agree the injured worker has sustained a certain percentage of disability and will be paid a set number of weeks at an agreed weekly rate. Depending on when benefits were last paid, some or all of the money owed may be paid in a lump sum while other benefits are paid weekly. Medical care remains open, and the injured worker has three years from the date of the last check to bring a review-reopening action if their medical condition worsens or they lose their job because of the work injury.
- Agreement for Settlement with Full Commutation - similar to the above, but in exchange for a lump-sum payment, the medical benefits and the right to review-reopen the case are given up.
- Compromise Settlement - most common when the injured worker is no longer working for the employer. The parties reach an agreement covering past items owed, plus future medical and weekly benefits, all paid in a lump sum. If the injured worker is on Social Security Disability, proper language can be inserted into the settlement documents to help avoid or reduce a Social Security offset.
If you have signed settlement paperwork and the Iowa Workers' Compensation agency has approved your settlement, you should generally expect a settlement check within seven to fourteen business days of the amount you agreed to. The check often has to clear your bank before funds become available, which usually means the money sits in your account for about ten banking business days before you can withdraw it.
Have Your Settlement Reviewed Before You Sign
Before accepting any settlement offer for your Belle Plaine work injury, have it reviewed at no cost by an experienced workers' compensation attorney. Contact Walker, Billingsley & Bair today.
My Doctor Released Me. Does This Mean Workers' Comp Stops Paying?
When a doctor releases an injured worker in Belle Plaine, it can lead to a stoppage of payments on the workers' compensation claim, but the outcome depends on several factors, including whether the employee is released to regular job duties, light-duty work, or whether the condition has reached maximum medical improvement.
Designated as Healed
In many cases, the employee's injury or illness eventually heals completely and the worker can return to their regular job duties. Once that happens, payments typically stop.
Released With Job Restrictions
Another scenario arises when the employee is released to return to work but with certain restrictions. Job responsibilities might be adjusted, or the employee might work fewer hours. If treatment is still ongoing, payments should continue during this period. However, if the employee fails to follow the prescribed work restrictions, such as declining a light-duty assignment recommended by a doctor, this could impact their eligibility for benefits.
Adapting to Changing Work Circumstances
If a worker receives a lower wage because of the injury, temporary total disability benefits could transition to temporary partial disability benefits. Unlike temporary total disability, which provides a portion of average spendable earnings, temporary partial disability pays two-thirds of the difference between pre-injury wages and reduced wages. You should receive your temporary total disability check on a weekly basis, and if you do not receive it on time, you should contact the insurance adjuster to ask for an explanation, or have your attorney do so on your behalf. Insurance companies can ultimately face penalty benefits for late checks.
A physician might also determine that an employee has reached maximum medical improvement, which is common in cases such as spinal cord injuries where the condition has plateaued and further improvement is unlikely, even though ongoing treatment may still be necessary. The availability of benefits depends on the nature of the injury. If the injury involves a permanent impairment, healing period benefits may be available during recovery. Once a doctor concludes that significant improvement is unlikely and releases the worker, healing period benefits cease, and permanent disability benefits might begin. Even a worker cleared to return to a job despite a permanent disability may qualify for permanent partial disability benefits, and if the physician determines the worker cannot return to work at all, permanent total disability benefits could apply.
Your Right to a Second Opinion
Under Iowa law, an injured worker always has the right to seek medical treatment on their own, though it is usually at their own expense unless they successfully petition for alternate medical care. If the insurance company is offering medical care, the injured worker should attend and fully cooperate with the treatment offered. If the company's doctors have nothing further to offer and another doctor believes additional treatment would help, the worker may want to file a petition for alternate medical care. This process has specific requirements, so it is usually best handled with the help of a qualified workers' compensation attorney.
As an alternative, once a company doctor has evaluated the worker for a permanent impairment rating, the worker has the right to a second opinion, sometimes called an Independent Medical Examination, with a doctor of their choosing. Iowa Code Section 85.39 requires the insurance company to pay for a one-time IME. A few things worth keeping in mind about this process:
- Choosing the right doctor for the IME matters a great deal. Some IME doctors work almost exclusively with insurance companies and may lean toward opinions that favor the insurer rather than the injured worker.
- The insurance company should cover roundtrip mileage, time missed from work, and the fees associated with the examination and any testing the IME doctor orders.
- If the IME doctor recommends additional medical care, the worker can pursue the alternative medical care process to try to secure that treatment from the insurance company.
When It Might Be Necessary to Seek Advice from an Attorney
When workers' compensation payments stop, it is important to understand whether they stopped for the right reasons. Payments may have ended prematurely, with an employer attempting to deny benefits an employee is entitled to, or the type of benefits may simply be changing based on the worker's updated injury status. One of the best ways an injured worker in Belle Plaine can protect a claim is to seek legal counsel. An attorney can explain eligibility for benefits and how the severity and extent of an injury may affect what a worker receives going forward. If you have questions about your temporary total disability payments or believe your benefits stopped without a valid reason, reach out to discuss your situation.
Getting Legal Assistance In Belle Plaine
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 Belle Plaine 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.