- Boone Workers Compensation Attorneys
- Phone: 641-792-3595
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When workplace accidents happen, the legal process can feel like a daunting maze, creating confusion and stress. Our workers' compensation attorneys are here to guide you through every step. With steadfast dedication and expertise, our team fights for the rights of injured workers. We ensure you receive fair treatment and the compensation you deserve, allowing you to concentrate on your recovery without worry.
Understanding Workers’ Compensation When Your Case is "Closed"
When an insurance adjuster tells you that your workers’ compensation case is "closed," it can be confusing and worrisome. However, in Iowa, this statement is essentially meaningless and may be an attempt by the insurance company to deter you from pursuing further benefits. Under Iowa law, if you are injured at work, you have lifetime medical benefits for that injury. While insurance companies may try to attribute your condition to non-work-related factors like arthritis, you should not take their word at face value.
Are You Owed More Money?
You might still be owed significant compensation even if the insurance company claims your case is closed. If you have been receiving workers' compensation benefits, you have up to three years from the last payment date to file a petition for additional benefits. Consulting with an experienced Iowa workers' compensation attorney can help you determine if you are entitled to more money. Initial consultations are typically free, allowing you to understand your rights and the potential for additional benefits without obligation.
Key Questions to Determine Additional Benefits
To assess whether you might be owed additional benefits, consider the following:
1. When were you injured, and when was the last workers' comp check received?
2. What type of injury did you sustain (e.g., back, neck, hand)?
3. Are there any permanent work restrictions?
4. Did you undergo a functional capacity evaluation (FCE)? What were the results?
5. Did you receive an impairment rating? Who provided it, and what was the rating?
6. Have you returned to your normal job at the same or higher pay?
7. Were you terminated or asked to leave your job due to the injury?
8. Have you previously sustained another scheduled member injury qualifying for additional compensation under the Iowa Second Injury Fund Act?
These questions help to clarify your situation and determine if you might be eligible for more workers' compensation benefits.
Steps to Take If Your Case is "Closed"
1. Keep Documentation: Maintain all letters from the insurance company and medical records. If you don't have these documents, your attorney can obtain them from the insurance company.
2. Consult an Attorney: Speak with a qualified workers' compensation attorney to review your case and understand your rights.
3. Understand Compensation for Back Injuries: If you have a permanent work-related back injury, you may be entitled to a percentage of up to 500 weeks of benefits, or even lifetime benefits if you are permanently and totally disabled.
Factors Influencing Compensation for Back Injuries
When evaluating your compensation for a back injury, several factors are considered:
- Permanent Injury and Functional Impairment Rating: What is your impairment rating? Did you require surgery? How many surgeries did you have?
- Time Off Work: How long were you off work due to the injury?
- Permanent Work Restrictions: Do you have any permanent restrictions? Do you use assistive devices?
- Ongoing Medical Care: Will you need ongoing or additional medical care?
- Employment Status: Have you returned to your job at the same pay? Were you terminated because of the injury?
- Other Factors: Age, education, language skills, and other health conditions affecting your employability.
For example, if you are determined to have a 30% industrial disability, you would be owed 150 weeks of permanent partial disability (PPD) benefits (30% of 500 weeks). These benefits are paid weekly unless you agree to a lump-sum settlement.
What to Do If Your Claim is Denied
If your claim is denied, don't accept the denial without further action. Contact a workers' compensation attorney to discuss your options. In Iowa, you have specific deadlines (statutes of limitations) for filing claims, generally two years from the date of injury, extendable if you have received certain benefits like TTD or PPD.
Common Insurance Company Tactics
Insurance adjusters often use tactics to minimize payouts:
1. Closing Your File: They might tell you your file is closed, hoping you'll accept less than you're owed or do nothing further.
2. Lump-Sum Offers: They may offer a lump-sum payout in exchange for signing settlement documents that close your medical and case files.
3. Abrasive Behavior: They might be uncooperative or accusatory, potentially leading to a denial letter.
These tactics are designed to save the insurance company money at your expense. Always consult with a qualified attorney before agreeing to any settlement or accepting a claim denial.
Getting Legal Assistance In Boone
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 Boone 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.