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- Clear Lake Workers Compensation Attorneys
- Phone: 641-792-3595
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What Is an Iowa Workers' Compensation Case?
A workers' compensation case in Iowa is any type of claim where a person has been injured or killed while on the job. The legal requirement is that the work injury arose out of and in the course of employment. The law does not require that a person be compensated for every work injury. You must prove that you were on the job working when you were injured. However, there are important exceptions that Clear Lake workers should be aware of. Falling in your employer's parking lot, for example, can qualify as a work injury. Horseplay at work, on the other hand, is generally not considered a work injury under Iowa law.
One of the most important protections Iowa law provides is this: you only need to prove that a work injury caused a material and substantial aggravation of a preexisting condition for it to be considered a compensable work injury. That means that even if you had a prior injury to the same body part, you may still be entitled to full workers' compensation benefits for a new work-related injury to that area. A prior injury does not automatically disqualify your claim.
Additionally, if you previously sustained what is called a scheduled member injury, such as an injury to an arm or leg, whether or not it was work-related, and then you sustain another scheduled member injury at work, you may be entitled to additional benefits under the Iowa Second Injury Fund. If you qualify for Second Injury Fund benefits, the extent of your permanent disability benefits will be evaluated based on industrial disability factors, just as they would be for a back, shoulder, neck, or brain injury.
The Three Types of Workers' Compensation Benefits Available in Iowa
If you are able to prove that you sustained a work-related injury, Iowa law makes three basic categories of workers' compensation benefits available to injured workers.
1. Medical Benefits
Iowa workers' compensation provides lifetime medical benefits for treatment related to your work injury. This includes doctors' appointments, prescriptions, and mileage expenses incurred traveling to and from approved medical providers. Your employer has the right to choose your medical care provider in most circumstances, but they are responsible for covering all reasonable and necessary medical expenses related to your injury. If you require emergency medical treatment, you do not need to seek prior approval from your employer or their insurer before getting care.
2. Healing Period and Temporary Disability Benefits
These are the weekly payments made to an injured worker while they are healing from a work injury. You may be entitled to these benefits if you are unable to return to your job at all, if you can only work a limited number of hours during recovery, or if your work-related restrictions mean you are not earning as much as you were before the injury. These temporary benefits are designed to replace a portion of the income lost during your recovery period.
3. Permanent Disability Benefits
At some point in your recovery, the treating doctors will determine that you have healed as much as possible. This is known as reaching maximum medical improvement, or MMI. At that point, your benefits transition from temporary to permanent. If your medical condition has fully resolved and you are left with no permanent problems, you likely do not have a claim for permanent disability benefits. However, if you have a permanent impairment rating and/or permanent restrictions after reaching MMI, you are very likely owed permanent disability benefits. The value of those benefits depends on the nature and extent of your injury, and navigating that determination without a workers' compensation lawyer who understands Iowa's specialized work comp laws puts injured workers at a significant disadvantage.
If you were hurt on the job in Clear Lake or anywhere in Cerro Gordo County, contact Walker, Billingsley and Bair for a no-cost workers' compensation case evaluation today. Request Your Free Consultation Now
Electrical Injuries at Work: Risks, Consequences, and Your Right to Compensation
Some industries carry a particularly serious risk of electrocution and electrical injury. According to the Occupational Safety and Health Administration, 66 workers died by electrocution in the construction industry alone in 2012. A study published in the journal Injury Prevention identified electrocution as the fifth leading cause of occupational injury death in the United States, noting it is a particular hazard to those whose work routinely brings them into close contact with electrical sources.
If an electrical injury happens at work in Iowa, the injured worker may be able to file a workers' compensation claim to cover the costs of medical treatment, rehabilitation, and disability benefits. Electrical injuries can be extremely painful and can lead to complications that affect an individual for the rest of their life.
How Electrical Current Injures the Body
Depending on the amperage of the electrical current involved, an electrical injury may range from relatively mild pain all the way to coma or death. According to MedlinePlus, electrical current can cause injury in three distinct ways: cardiac arrest, the destruction of tissue, muscles, and nerves as the current travels through the body, and thermal burns from direct contact with an electrical source. Within these three categories, a wide range of serious symptoms can develop following a workplace electrical accident.
Common symptoms following an electrical accident include heart attack, broken bones, a change in consciousness, headaches, problems with vision or hearing, irregular heartbeat, muscle pain or muscle spasms, numbness or tingling, and seizures. Any worker who experiences an electrical shock or arc flash at work should seek medical treatment immediately, regardless of how minor the injury may initially appear. Internal injuries from electrical current are not always visible on the surface, and symptoms can worsen or emerge in the hours and days following exposure.
Which Iowa Workers Face the Highest Electrocution Risk?
Electricians and electrical workers are naturally at elevated risk due to the nature of their daily work. Beyond that group, research published by the U.S. Department of Health and Human Services covering the period of 1980 to 1992 identified the industries with the highest percentage of electrocutions as construction at 40 percent, transportation, communication, and public utilities at 16 percent, manufacturing at 12 percent, and agriculture, forestry, and fishing at 11 percent. Clear Lake workers employed in any of these industries should understand their heightened exposure to electrical hazards and know their rights if an injury occurs.
Disability Benefits After an Electrical Injury at Work
An injured worker may be entitled to disability benefits if they must miss more than three days of work following an electrical injury. If the injury results in permanent damage, the worker may be eligible for permanent partial disability benefits. If a worker is killed by electrocution on the job, surviving family members may be entitled to death benefits. The full range of workers' compensation benefits available for a particular electrical injury claim depends on the specific facts and medical evidence involved, which is why speaking with an experienced Iowa workers' compensation attorney is so important after an on-the-job electrical accident.
Hearing Loss and Tinnitus: Work Comp Benefits for Iowa's Noise-Exposed Workers
For workers in manufacturing, agriculture, construction, and other loud industries in and around Clear Lake, gradual hearing loss from prolonged noise exposure is one of the most common and least recognized occupational injuries. Many workers assume that because the damage happened slowly over time rather than in a single dramatic accident, they have no claim. That assumption is wrong. Work-related hearing loss is a compensable condition under Iowa workers' compensation law, and the benefits available can be significant.
How Hearing Loss Claims Are Evaluated in Iowa
Under Iowa workers' compensation law, hearing loss is generally considered a scheduled member claim. Compensation for work-related hearing loss can reach up to 50 weeks of benefits for deafness in one ear, and up to 175 weeks for deafness in both ears. If you sustained partial hearing loss from your work activities, you would receive a proportional percentage of the designated number of weeks based on the degree of your loss. Your employer or their workers' compensation insurance company is also required to pay for hearing aids if the need for them is related to your work-related hearing loss.
There are two important factors that can reduce or eliminate a hearing loss claim, and Clear Lake workers should be aware of both. First, failing to take requested hearing tests or refusing to wear required hearing protection provided by your employer can result in no compensation being awarded for hearing loss. Second, exposure to loud noises outside of work, such as shooting firearms or attending events involving fireworks, can affect the evaluation of your claim. Documenting the workplace as the primary source of your hearing damage is an important part of building a strong claim.
Tinnitus: When Ringing in the Ears Changes Everything
If you have hearing loss and also experience persistent ringing in your ears, a condition known as tinnitus, your workers' compensation claim will likely be evaluated very differently than a straightforward hearing loss case. Work-related tinnitus is evaluated on the basis of industrial disability rather than as a scheduled member claim. Industrial disability takes into account a broader range of factors to determine the overall percentage of disability the worker has sustained, calculated against a base of 500 weeks of benefits.
For example, a worker with significant hearing loss who also has difficulty concentrating due to persistent ringing in the ears may have an industrial disability rating of 10 percent, 20 percent, or more. At a 20 percent industrial disability rating, the worker would be owed 100 weeks of permanent benefits (500 weeks multiplied by 20 percent equals 100 weeks). The specific percentage of industrial disability depends on all of the circumstances of the worker's condition, and an audiologist, which is an individual with a doctorate in audiology, must conduct a hearing examination and prepare reports that establish the source and extent of the hearing problems.
Be Careful With the Employer's Audiologist
When a hearing loss or tinnitus claim arises, the evaluation process often begins with an audiologist chosen by your employer. That audiologist may or may not give you a fair and complete evaluation of your hearing problems. If you have any doubt about whether the employer's audiologist has fully documented the extent of your loss, you have the right to obtain a second opinion from an independent audiologist of your own choosing. This second opinion can be a critical piece of evidence in challenging a low evaluation or a disputed claim. Considering legal representation early in the process can help ensure that the medical record accurately reflects the full scope of your work-related hearing damage.
Getting Legal Assistance In Clear Lake
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 Clear Lake 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.