Carroll Workers Compensation Attorneys

Can Your Employer Force You to Return to Work After a Work-Related Surgery?

This is one of the most common and most anxiety-inducing questions injured workers face. The answer depends on several factors, and the most important one is what restrictions your treating surgeon has actually placed on you.

If your authorized treating surgeon states that you are not able to work at all, then no, your employer cannot legally force you to return to work. During that period, as long as the insurance company has admitted that your injury is related to your work activities, you should be receiving weekly workers' compensation benefits.

If your doctor clears you to return to work with restrictions, such as a light duty limitation that allows lifting up to 25 pounds, the situation changes. In that case, you should contact your employer, provide a written copy of your restrictions, and make clear that you are ready, willing, and able to work within those limitations. If work is offered, you need to at least attempt to do the job. Keep a written copy of your restrictions with you at all times so that if you are asked to perform tasks outside those limitations, you have documented proof of what you can and cannot do. If you experience difficulty working even within your restrictions, notify your employer promptly and contact your surgeon to report the problem. Your doctor has the authority to change your restrictions based on how you are responding to the work.

What Happens If Your Employer Does Not Offer Work Within Your Restrictions?

If your employer cannot or does not offer you a position that falls within your medically assigned restrictions, you or your work injury attorney should notify the insurance company. In that situation, you should be receiving weekly temporary total disability benefits, known as TTD benefits, because your employer does not have suitable work available.

The Serious Consequences of Refusing Work That Falls Within Your Restrictions

Choosing not to even attempt work that your employer offers within your restrictions can have far-reaching consequences for your workers' compensation case. These consequences include the following:

1. You will likely lose your weekly workers' compensation benefits.
2. You may be terminated from your job.
3. You may be denied unemployment benefits because you refused to accept suitable work.
4. The overall value of your workers' compensation case may be significantly reduced, because your employer will argue that regardless of whatever permanent restrictions you end up with, they would have accommodated them.

The bottom line is that while an employer cannot physically force you to return to work, failing to engage with suitable work that has been offered within your restrictions carries real and serious financial penalties. Return to work with restrictions is a critical stage of your case, and getting it right matters enormously.

Understanding Your Impairment Rating: What It Means and What You Should Do Next

Once you have recovered as much as possible from your work injury, your treating physician will notify the insurance company of any permanent impairment rating they have assigned to you. If you receive a rating indicating permanent impairment, you may qualify for permanent partial disability benefits. The insurer will use the doctor's rating to determine the duration of those benefits. But the impairment rating is just the beginning of a more complex process, and understanding what happens next can mean the difference between receiving a fair recovery and leaving thousands of dollars on the table.

Steps to Take After Receiving Your Impairment Rating

When medical information is submitted to the Iowa Division of Workers' Compensation, a Medical Report Transmittal Form must be completed. This is required when a worker suffers permanent disability or when temporary total or partial disability extends beyond 13 weeks. The form identifies the body part that has been permanently impaired and the percentage of impairment assigned by the physician. It may be submitted by mail or fax.

There are six essential things every Carroll worker should know after receiving an impairment rating:

1. You Do Not Need to Sign Anything to Receive Your Impairment Payment

You are not required to sign any paperwork to be paid for your impairment rating. The insurance company is obligated to pay that amount without requiring your signature on settlement documents. Some insurers attempt to make it seem as though signing is necessary. It is not. Cashing an impairment rating check, as long as you have not signed settlement documents, does not mean you are agreeing that the check represents all the compensation you are owed. In many cases, it represents only a small fraction of the full value of your claim.

2. In Most Cases, You Are Owed More Than Just the Impairment Rating Amount

Many injured workers assume that the impairment rating payment closes out the financial portion of their claim. That is rarely accurate. Settling prematurely, even in a casual phone conversation with an adjuster, can result in a loss of thousands of dollars in benefits you were legitimately entitled to receive.

3. You Can Receive a Lump Sum While Preserving Future Claims

It is possible to obtain a lump sum payment along with any accrued interest while still retaining the ability to pursue potential future claims. Understanding this option requires knowing the structure of your specific case and the type of benefits you qualify for.

4. The Type of Injury You Have Determines the Type of Benefits You Receive

Before discussing any settlement, it is critical to identify whether your case is an industrial disability injury or a scheduled member injury. Industrial disability benefits are calculated based on your impairment rating, restrictions, age, and other factors, applied against 500 compensable weeks. Scheduled member benefits are calculated by multiplying your impairment rating by the number of weeks assigned to that specific body part under Iowa law. For example, a 10% leg impairment equals 10% multiplied by 220 weeks, resulting in 22 weeks of compensation. You may also qualify for Iowa Second Injury Fund Benefits, which can significantly increase your total recovery depending on your prior injury history.

5. Never Settle Without Fully Understanding Your Case

Accepting a compromise settlement without a complete understanding of your entitlements can result in a permanent and irreversible financial loss. Agreeing to a lump sum payment in a scheduled member case, for example, may permanently bar you from later claiming Iowa Second Injury Fund benefits. Once you sign a full settlement and release, your case is closed, and it typically cannot be reopened regardless of what you later discover about the compensation you were owed.

6. Consult an Attorney Before Accepting Any Settlement Offer

Before considering any settlement offer from the insurance company, take the time to understand Iowa's workers' compensation laws and speak with an experienced attorney. Many workers have come to Walker, Billingsley and Bair after settling their case on their own, only to learn that they missed out on thousands of dollars because they did not know what they were entitled to. That outcome is avoidable.

The Truth About Impairment Ratings and Why Two Workers With the Same Rating Can Receive Vastly Different Compensation

Two Iowa workers can each receive a 10% permanent impairment rating from their doctors and walk away with completely different results. One may receive approximately $25,000. The other may receive more than $150,000. Both ratings are 10%. Both workers are honest, hardworking people. The difference has nothing to do with how serious or sympathetic their situations are. It has everything to do with whether their injury is classified as a scheduled member injury or an industrial disability case.

The Functional Capacity Evaluation: More Than a Physical Test

Before an impairment rating is assigned, most injured workers will undergo a Functional Capacity Evaluation, known as an FCE. This evaluation is administered after your treating physician determines you have reached maximum medical improvement, the point at which your condition is not expected to improve further even with continued treatment. The FCE can last up to six hours over two days and is designed to measure your functional physical ability to perform work-related tasks. The evaluation assesses your musculoskeletal function, your capacity for repetitive motion, your overall strength, how frequently you can handle materials, and your ability to perform non-material-handling tasks such as reaching, bending, climbing, and maintaining certain positions.

The most important thing to understand about your FCE is to be truthful about your limitations. Doctors performing these evaluations are trained to recognize both exaggerated disability and the opposite problem, which is equally dangerous. Many injured workers with strong work ethics push themselves beyond their actual capabilities during the evaluation out of fear of appearing weak or losing their job. Overperforming during an FCE can result in a permanent impairment rating that does not accurately reflect your true functional limitations. Once that rating is established, it becomes extremely difficult to challenge, and it can cost you thousands of dollars in benefits while leaving you without the work restrictions needed to protect your health.

Scheduled Member Injuries vs. Industrial Disability Cases

Scheduled member injuries involve specific body parts that Iowa law has assigned a predetermined number of compensable weeks. These include the hand, arm, leg, foot, fingers, toes, eyes, and hearing. For these injuries, compensation is calculated by multiplying the impairment percentage by the number of weeks assigned to that body part. The math is straightforward and the result is limited by the statutory cap.

Industrial disability cases, by contrast, involve injuries to parts of the body not covered by the scheduled member system. These include back injuries, shoulder injuries, neck injuries, brain injuries, mental health conditions caused by workplace trauma, nerve injuries, and respiratory or circulatory conditions. For these cases, the impairment rating is only one of many factors considered. Iowa law also requires consideration of the worker's age, education, work history, functional restrictions, lost earning capacity, ability to return to prior work, and ability to perform other types of work. Compensation is calculated as a percentage of 500 weeks of benefits, which means the potential recovery is dramatically higher than for a scheduled member injury with the same impairment rating percentage.

Your Right to an Independent Medical Examination

If you disagree with the impairment rating your doctor has assigned, you have the right under Iowa Code Section 85.39 to request an independent medical examination with a physician of your own choosing, at your employer's expense. To exercise this right, you submit Form 100A along with the chosen physician's report to your employer. However, this right must be exercised carefully. Not all independent medical examiners are equal. Some doctors who perform these evaluations work primarily for insurance companies and employers and have developed a reputation for consistently producing ratings that favor the insurer. An experienced workers' compensation attorney can help identify qualified, independent physicians who specialize in work injury evaluations, carry credentials as Board Certified Independent Medical Examiners, and have a track record of credibility with judges and workers' compensation commissioners.

It is also important to be aware of legislative changes enacted in 2017 under House File 518, which significantly reduced the reimbursement that insurance companies are required to pay for independent medical examinations under Section 85.39. Without legal representation, you may find that the insurer only agrees to pay for the rating itself and not for the physician's time reviewing records, conducting a thorough examination, or producing a detailed report. This can leave you unexpectedly responsible for a substantial out-of-pocket cost.

Getting Legal Assistance In Carroll

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 Carroll 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.

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