Des Moines Workers Compensation Attorneys

If you were injured on the job in Des Moines or anywhere in Iowa, understanding how workers' compensation benefits work, what happens when payments stop, how light duty assignments affect your case, and how disability benefits interact with your claim can make the difference between protecting your financial future and losing thousands of dollars. Here is what you need to know.

Workers' Compensation Benefits Are Available to Iowa Workers

Workers' compensation benefits are available to workers in Des Moines and throughout Iowa when an employee becomes ill or injured during the scope of employment. In some situations, the injury or illness prevents the employee from working at all. But there are also many circumstances in which an employee can return to work with modifications to the workplace or job duties. No matter where your situation falls on that spectrum, knowing your rights under Iowa law is essential to protecting your recovery, financially and physically.

Can Workers' Comp Stop Your Payments Without Notice?

This is one of the most common questions that Des Moines workers' compensation attorneys hear from injured workers every year. The short answer is yes. The workers' compensation insurance company can stop paying your weekly checks for any reason or no reason, much like you can stop paying the bills you owe, which is exactly what may happen if they cut off your income without warning.

That said, Iowa law does impose some protections. There are laws in Iowa that require the insurance company to provide you with 30 days' notice under certain circumstances, known as an Auxier notice. For example, if you have returned to work and the insurance company believes they have paid you all the PPD (permanent partial disability) benefits they owe, they are supposed to send you a letter notifying you. However, in practice, insurance companies often stop or delay weekly checks without any notice at all.

What to Do If Your Workers' Comp Checks Stop

If your payments have stopped and you are not yet represented by an attorney, the first step is to call the insurance adjuster and find out why you have not received your check. Sometimes it is a mailing delay caused by a federal holiday. Other times the insurance adjuster simply forgot to take the necessary step to ensure the check was printed and sent.

Regardless of the reason, you should keep a copy of every envelope and every check you receive so you can later prove the date when the check was actually mailed. Insurance companies will sometimes claim checks were mailed on a certain date according to their computer system when in reality the postmark shows several days later. This matters because an insurance company can be penalized up to 50 percent of the amount you are owed for late payments. These are called penalty benefits, and insurance companies do not voluntarily pay them.

If your checks have stopped entirely or have been continually late, you should strongly consider consulting an experienced Iowa workers' compensation attorney. An attorney can identify whether you are owed penalty benefits and take steps to enforce your rights under Iowa law.

Returning to Work: Understanding Light Duty and Reduced Workloads

Not every work injury results in a complete inability to work. In many cases, a doctor will determine that an injured employee can return to work but only with restrictions. When that happens, Des Moines employers have two main options for accommodating an injured worker: light duty assignments and reduced workloads.

What Is Light Duty Work?

Light duty refers to a modified job assignment where the employer provides duties that meet the doctor's restrictions, as indicated on the employee's work status report. For example, suppose an employee's regular job is on a loading dock where he must lift, move, and stack heavy packages. If the doctor indicates the employee cannot lift anything heavier than 10 pounds, the employer may temporarily reassign that worker to a less physically demanding setting such as an office role.

It is also worth knowing that it is more common for an employer to offer a hurt worker an alternate job when he or she returns rather than placing the worker back into the original position. The original job is usually crucial to the running of the company, and most employers cannot simply hold that exact position open throughout the healing process. As a result, light duty assignments often function like temporary positions.

Some examples of common light duty job tasks that an employer might assign include:

• Inspections
• Inventorying supplies, parts, and tools
• Replenishing supplies
• Light assembly work
• Sorting or delivering mail
• Answering or making phone calls
• Ordering supplies
• Labeling, wrapping, or shipping items
• Training new employees

What Is a Reduced Workload?

A reduced workload is another option for workers with restrictions. This could include performing fewer of the same tasks normally completed, or it may involve modifications to working hours. For instance, an injured employee may be allowed to leave earlier in the day or work only three out of five days per week.

Who Decides Whether You Need Work Restrictions?

Returning to work under any restrictions is a decision made by the treating physician. An employee cannot set up a light duty arrangement on their own. It must come from the doctor through a work status report, which the doctor will complete at each appointment. It is the employee's responsibility to submit this report to the supervisor within one business day of the appointment, giving the employer time to comply with the restrictions.

Employees must accept any light duty tasks or reduced workload offered by the employer. Under Iowa law, an employer cannot require an employee to perform work that the doctor says he or she should not do. However, if an employee refuses to accept light duty work, it may justify termination of workers' compensation benefits. If an employer does not have light duty work available, the employee is entitled to receive temporary total disability benefits.

Temporary Partial Disability Benefits and Work Restrictions

If an employee is working with restrictions in a lower-paying position, temporary partial disability benefits may be available. The rate is just under 67 percent of the difference between the average gross weekly earnings at the time the employee was injured and the actual earnings while temporarily working in a reduced-pay role. If accommodations cannot be made at all, the employee is entitled to receive temporary total disability benefits until he or she returns to work or is medically capable of returning to similar employment, whichever occurs first.

If there is a disagreement concerning job duties, such as an employer assigning work that falls outside the guidelines set by the doctor, workers should document the disagreement. An employer is not allowed to fire an employee when required to provide light duty options, though it may be justified if the employee refuses those options without a valid reason.

Iowa Workers' Compensation and Disability Benefits: What You Need to Know

When a Des Moines worker suffers a serious injury, workers' compensation benefits and disability benefits can both play a significant role in the total compensation received. However, these two systems interact in ways that can either help or seriously hurt your case depending on the decisions you make. Understanding the different types of disability is an important starting point.

Social Security Disability: SSDI and SSI

When most people say disability, they are referring to Social Security Disability. There are two main types: SSDI (Social Security Disability Insurance) and SSI (Supplemental Security Income). For both types of benefits, you or sometimes a loved one must be considered disabled by the Social Security Administration (SSA) in order to receive benefits. Generally, SSDI is for people who have enough work credits to qualify. SSI is for people who do not have enough work credits and do not have other sources of income.

Short-Term and Long-Term Disability Insurance

Short-term and long-term disability are insurance policies often purchased through an employer. They can provide benefits, but they usually provide little, if any, benefits to a person who is already receiving workers' compensation. There is usually what is called an offset that reduces the amount of disability benefits available. Short-term disability policies commonly last 6 to 12 months, after which you must qualify for long-term disability. Qualifying for long-term disability is typically more difficult and may require filing for Social Security disability as well.

Accidental Death and Dismemberment

Accidental death and dismemberment policies will pay a set amount of money if someone dies or loses a limb, loses vision in an eye, or suffers another covered loss.

Why Filing for Social Security Disability Without Legal Advice Can Hurt Your Case

This is one of the most important points that experienced Des Moines workers' compensation attorneys stress to injured workers: it is not a good idea to file for Social Security Disability without first obtaining legal advice. There are several reasons for this.

First, filing for disability can reduce the amount of compensation you receive in your workers' compensation case because judges sometimes view a disability filing in a negative light. Second, you may not have a realistic chance of qualifying for disability benefits, and the mere act of filing can damage your case. Third, even if you may eventually qualify for benefits, filing a Social Security disability claim can make it much more difficult to obtain a lump-sum settlement in your workers' compensation case.

The Social Security Administration's Offset Provisions

The SSA has special rules that apply when a person receives both workers' compensation benefits and qualifies for SSDI. If you attempt to settle your workers' compensation case on your own and do not account for the SSA's offset provisions, failing to include the proper language in the settlement documents can cost you tens of thousands of dollars. Workers who attempted to handle their own cases without an attorney have lost significant benefits simply because they did not know how to structure the settlement to protect their monthly Social Security disability payments from being reduced by the SSA's offset provisions.

An experienced attorney knows how to handle these complexities and structure your settlement in a way that protects your benefits on both fronts.

Getting Legal Assistance In Des Moines

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 Des Moines 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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