Coralville Workers Compensation Attorneys

Iowa's workers compensation system is designed to protect injured workers, but the system also gives insurance companies a significant amount of discretion in how they evaluate and pay claims. Without legal guidance, many Coralville workers end up with far less than what they are legally entitled to. This guide covers the key concepts every injured worker in Coralville needs to understand.

Understanding Permanent Partial Disability Benefits in Iowa

If you suffered a permanent but not complete disability on the job, you may qualify for permanent partial disability (PPD) benefits under Iowa's workers compensation law. The amount and duration of benefits you are entitled to depend largely on which part of your body was injured. When your healing period benefits end, you will begin receiving one of two types of PPD benefits: scheduled or unscheduled.

Scheduled Member Disabilities

The Iowa Division of Workers Compensation uses Appendix A, a list of scheduled body members, to determine the number of weeks an injured worker is eligible for PPD benefits. If you lose complete function of a listed body part, you receive benefits for the full number of weeks assigned to that member. If you lose only partial function, your benefit duration is reduced proportionally. For example, losing 50 percent of the use of your arm would entitle you to 125 weeks of benefits rather than the full 250.

The scheduled body members and their corresponding weeks of eligible benefits are as follows:

• Loss of thumb: 60 weeks
• Loss of first finger: 35 weeks
• Loss of second finger: 30 weeks
• Loss of third finger: 25 weeks
• Loss of fourth finger: 20 weeks
• Loss of hand: 190 weeks
• Loss of arm: 250 weeks
• Loss of great toe: 40 weeks
• Loss of any other toe: 15 weeks
• Loss of foot: 150 weeks
• Loss of leg: 220 weeks
• Loss of eye: 140 weeks
• Loss of hearing in one ear: 50 weeks
• Loss of hearing in both ears: 175 weeks
• Permanent disfigurement of the face or head: 150 weeks
• Body as a whole and industrial disability: 500 weeks

Unscheduled Disabilities: Back, Neck, Hip, and Shoulder Injuries

Unlike scheduled injuries, unscheduled losses cover a broader range of injuries that affect multiple body parts or the body as a whole. Injuries to the hips, shoulders, back, and neck fall under unscheduled disabilities. Rather than applying a fixed number of weeks from a list, PPD benefits for unscheduled losses are calculated based on the degree to which your disability affects your earning capacity. This framework also applies to conditions such as head trauma and psychological injuries stemming from a workplace incident.

Because there is no fixed protocol for applying these factors, there is a degree of discretion on the insurer's part. The Workers Compensation board will evaluate your situation using a range of considerations, including how the injury affected your earnings, your medical history, the duration of your healing period, your work experience prior to the injury, your potential for rehabilitation, your qualifications including intellectual, educational, emotional, physical, age, and motivational factors, the degree of functional impairment your injury has caused, earnings lost as a result of changing jobs to accommodate your injury, and your inability to perform work that you are otherwise suited to do.

Because the insurer has meaningful discretion in applying these factors, injured workers with unscheduled disabilities are especially vulnerable to receiving a lower rating than their injuries truly warrant. If you believe your disability rating is far lower than it should be, contacting a workers compensation attorney is an essential next step.

Challenging Your Disability Rating

If your workers comp claim has been denied or a doctor has assigned you a lower disability rating than seems fair, your attorney can guide you through the negotiations and appeals process. It may be possible for your attorney to work out an agreement with your employer or insurer to obtain a fair rating and benefit amount. Any disputes are overseen by the Iowa Workers Compensation Commissioner, and if the matter cannot be resolved through discussion and negotiation, your attorney can bring the issue to a hearing. Fighting for your rightful benefits is not just about the money you receive today. Your workers compensation payments may be a financial lifeline for staying afloat after a disabling injury, and the stakes of getting the rating wrong are significant.

Your Right to a Second Opinion and Alternative Medical Care

One of the most important and underutilized rights in Iowa workers compensation law is the right to seek an Independent Medical Examination (IME) once the insurance company's doctor has evaluated you for a permanent impairment rating. Under Iowa Code Section 85.39, the insurance company is required to pay for a one-time IME with a doctor of your choice. This is a critical protection that every Coralville injured worker should understand and use strategically.

Choosing the Right IME Doctor

Selecting the right doctor to conduct your IME is extremely important and should not be taken lightly. There are both good and bad IME doctors, and this choice can have a significant impact on both the medical care you receive and the amount of compensation you ultimately recover for your work injury. Some IME doctors work almost exclusively with insurance companies and are likely to provide opinions that benefit the insurer rather than you. Truly qualified and objective IME doctors are not abundant in Iowa, which makes the selection process even more consequential.

An experienced Iowa workers compensation attorney knows which IME doctors provide objective and thorough evaluations. Calling the firm before choosing your IME doctor can make a meaningful difference in the outcome of your case.

What the Insurance Company Must Pay for Your IME

When you exercise your right to an IME under Iowa Code Section 85.39, the insurance company is responsible for paying your roundtrip mileage to the examination, the time you miss from work to attend the appointment, the fees associated with both the examination itself, and any testing your IME doctor orders. You should not be out of pocket for any of these costs.

Using the IME to Pursue Additional Medical Care

If your IME doctor recommends additional medical care for your work injuries, you can use those findings to pursue the alternative medical care process and attempt to compel the insurance company to provide the recommended treatment. If the insurance company is currently offering you medical care, you should attend and fully cooperate with what they are providing. However, if their doctors have nothing more to offer and another physician believes additional treatment would help you, a petition for alternate medical care may be the right step. There are specific procedural requirements for this process, and it is generally best handled with the assistance of a qualified Iowa workers compensation attorney. Walker, Billingsley and Bair handles alternative medical care matters at no additional cost to existing clients.

How a Coralville Workers Compensation Attorney Strengthens Your Case Value

Insurance adjusters are trained professionals whose primary job is to pay out as little as possible on every claim. Most injured workers have never been through the workers compensation process before and do not know the tactics being used against them. An experienced Iowa workers compensation attorney levels that playing field and consistently increases what injured workers recover.

Uncovering the True Value of Your Claim

Most injured workers do not realize their case may be worth significantly more than what insurance adjusters initially propose. A personal injury attorney with deep experience in work injury cases has the knowledge to uncover the full value of a claim that insurance companies are trained to minimize or obscure. This includes obtaining doctors' reports and medical opinions to prove the causal connection between your injuries and the workplace incident, establishing a clear and documented link that strengthens your entire claim.

Your attorney will also secure expert opinions on the cost of future medical care. Insurance adjusters routinely focus only on current medical bills and ignore the long-term financial impact of a serious injury. Documenting your future medical needs ensures that you are compensated for your complete recovery, not just the bills already accumulated.

Giving You a Realistic Case Valuation

An attorney who has handled many Iowa work injury cases can give you a realistic and informed range of what your case is worth after all relevant facts and medical opinions have been gathered. This valuation draws on years of experience with comparable cases and an understanding of how the Iowa Workers Compensation Commissioner and insurance companies assess damages. This expertise gives you the foundation to reject a lowball settlement that fails to account for all your losses, including the severity of your injuries, the impact on your quality of life, lost wages, and long-term disability considerations.

Managing Subrogation Claims

An attorney can add significant value by managing subrogation claims, which are claims made by your health insurance or other insurers seeking reimbursement from your workers compensation settlement. An Iowa workers compensation attorney who knows the law can properly evaluate and negotiate these claims, often putting substantially more money in your pocket simply by being involved. Without legal representation, many workers end up paying back more to insurance companies than the law requires.

Reviewing and Challenging Liens on Your Recovery

Doctors, insurance companies, welfare benefit plans, and employers may assert liens claiming they are entitled to all or part of your compensation. Your attorney reviews and analyzes the validity of any liens on your case and challenges claims that are incorrect or excessive. This lien negotiation process often results in significantly more money reaching you from the same settlement, simply because an attorney knows when and how to push back.

Comprehensive Investigation and Evidence Gathering

To maximize case value, Iowa workers compensation attorneys conduct thorough investigations on behalf of their clients. This includes gathering documentary evidence such as accident reports, medical records, and bills; hiring investigators when necessary to interview and locate witnesses; collecting photographs of the worksite and the circumstances surrounding the injury; and analyzing legal issues such as comparative fault and assumption of risk that insurance companies may raise to reduce your compensation.

Analyzing Your Insurance Coverage for Overlooked Benefits

An experienced attorney also reviews your insurance policies to identify any coverages that could pay all or a portion of your medical bills while your claim is pending. Many injured workers are entirely unaware of coverage options within their own policies that could provide immediate financial relief and increase their overall recovery. A thorough policy review ensures that no potential source of compensation is overlooked.

Protecting You From Costly Mistakes

Perhaps most importantly, a Coralville workers compensation attorney helps you avoid the common mistakes that cost injured workers thousands of dollars every year. These include giving recorded statements to insurance adjusters without legal guidance, accepting quick settlement offers before the full extent of injuries is known, missing important filing deadlines, and failing to properly document all damages. The workers compensation process is unfamiliar territory for most injured workers, and the consequences of missteps can be permanent and severe.

Getting Legal Assistance In Coralville

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 Coralville 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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