Dubuque Workers Compensation Attorneys

When workplace injuries occur, navigating the legal complexities can be overwhelming. That's where our Dubuque workers' compensation attorneys come in. Whether you were injured at John Deere, MercyOne, Dubuque Schools, Public Works, Andersen, or Flexsteel, our dedicated experts will advocate for injured workers' rights, ensuring fair treatment and proper compensation.

Understanding the Value of Your Iowa Work Injury Case

If you've been injured at work in Iowa, it's essential to understand how your workers' compensation is calculated. The value of your case depends on numerous factors, including the type of injury, whether you qualify for the Second Injury Fund, and if you have permanent restrictions. Here's a comprehensive look at how these factors influence your compensation.

Scheduled Member Injuries vs. Industrial Injuries

Iowa's workers' compensation system categorizes injuries into two main types: scheduled member injuries and industrial injuries. Scheduled member injuries include injuries to the arm, hand, fingers, leg, foot, toes, ears, or eyes. Industrial injuries, also known as unscheduled member injuries, affect the back, neck, brain, shoulder, nervous system, tinnitus (ringing in the ears), and skin, considered injuries to the body as a whole.

Compensation Differences

The primary distinction between these two types lies in the compensation for permanent disability. For instance, a worker with a hand injury might receive different compensation compared to a worker with a shoulder injury, even if their permanent restrictions are similar.

Unscheduled Member Injuries

Compensation for unscheduled member injuries is based on a percentage of 500 weeks. This percentage is influenced by various factors, such as:

- Ability to Work
- Permanent Restrictions
- Education
- Age
- Surgery History
- Permanent Impairment Rating
- Other Relevant Factors

For example, if a worker sustains a 10% impairment rating to their shoulder, it translates to a 6% body as a whole rating, resulting in 30 weeks of permanent benefits (500 weeks x 6%). However, the actual compensation can be higher, depending on additional factors. If the worker cannot return to their previous job, they might be entitled to a higher percentage, reflecting their overall industrial disability.

Scheduled Member Injuries

For scheduled member injuries, compensation is based on a percentage of 250 weeks, depending on the impairment rating of the specific body part. For example, a 10% impairment rating for an arm injury would result in 25 weeks of benefits (250 weeks x 10%).

Second Injury Fund

There are exceptions to these rules, particularly concerning the Second Injury Fund. If a worker has previously injured another scheduled member, they might qualify for benefits under this fund, compensating as if they sustained a body as a whole injury.

Calculating Compensation: A Shoulder Injury Example

Shoulder injuries are common in Iowa workplaces, and their compensation varies significantly based on individual circumstances. If a worker has a permanent shoulder injury, their compensation is based on 500 weeks of benefits. The factors influencing this include:

- Permanent Impairment Rating
- Permanent Work Restrictions
- Type of Medical Care (e.g., surgery, injections)
- Educational Level
- Age
- Earnings and Earnings History
- Ability to Return to Previous Job

For instance, if a worker has a 20% industrial disability due to a shoulder injury, they should receive 100 weeks of permanent compensation (20% x 500). This compensation is paid as a lump sum, plus interest, dating back to the last received temporary total disability (TTD) benefits or the injury date.

Workers' Compensation for Specific Injuries: Fractured Toe Example

Even seemingly minor injuries, such as a fractured toe, qualify for workers' compensation if they occur at work. A broken toe can result from trauma, such as dropping a heavy object on the foot or slamming it against a solid object. Symptoms include pain, swelling, bruising, and stiffness, diagnosed through physical exams or imaging technologies like x-rays.

Treatment and Recovery

Minor toe injuries might be treated with self-care, such as taping the toe and wearing a stiff-bottomed shoe. More severe injuries may require splinting or surgery, particularly for big toe fractures. Recovery typically takes up to six weeks, during which workers might be eligible for compensation if they are unable to work.

Medical and Disability Benefits

Workers' compensation should cover all necessary and reasonable medical expenses for a work-related broken toe, including doctor's appointments and treatments. If the injury prevents the worker from working for more than three days, they may qualify for disability benefits, amounting to 80% of their wage.

If the worker returns to a lower-paying job due to the injury, they might receive temporary partial disability benefits, equal to two-thirds of the difference between their pre-injury and post-injury earnings.

Getting Legal Assistance In Dubuque

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 Dubuque 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.