Fort Dodge Workers Compensation Attorneys

Key Factors That Determine the Value of an Iowa Workers' Compensation Settlement

Several factors influence how large an Iowa workers' compensation settlement will be. These include the body parts injured, permanent work restrictions, level of education, work history, whether the worker returns to work, how much the worker earned before the injury, and whether the worker has hired a reputable Iowa workers' compensation attorney who has filed a petition and obtained a trial date, among many other considerations. Understanding each factor gives injured workers in Fort Dodge a clearer picture of what their case may be worth.

Industrial Injuries vs. Scheduled Member Injuries

Iowa has a compensation system that provides different benefit levels for different types of injuries. If you have sustained an injury to your back, neck, hips, brain, organs, CRPS, or mental injuries such as PTSD, anxiety, or depression usually caused by a physical injury, then you have an industrial injury and your compensation will likely be higher than someone who sustained what is called a scheduled member injury.

Scheduled member injuries include hands, arms, fingers, feet, legs, toes, eyes, and shoulders. They are called scheduled member injuries because compensation is based on a predetermined schedule depending upon the body part injured, and the number of weeks is multiplied by the functional impairment rating. The total number of weeks assigned to each body part under Iowa's system is as follows:

For example, with an arm injury: if you were to lose your entire arm you should receive 250 weeks of benefits at your weekly rate. If the doctors say you have a 10% functional impairment rating to your arm, then you would receive 25 weeks (250 x 10% = 25). If an injured worker previously sustained a condition or injury to a different hand, arm, foot, leg, or eye, regardless of whether it was work-related, they may qualify for additional benefits under the Iowa Second Injury Fund.

Functional Impairment Ratings

Impairment ratings are calculated from a publication called the AMA Guides 5th Edition, a reference created by a group of doctors that assigns impairment rating numbers for different body parts and injuries. Critically, your functional impairment rating has very little to do with your actual pain, restrictions, or limitations. It is simply the system Iowa uses to compensate injured workers, which makes having an attorney who understands how to challenge and maximize these ratings extremely important.

How Your Pre-Injury Wages Affect Your Weekly Rate

The benefits paid to an injured worker are based on their wages before the work injury. For hourly workers, the wages for the 13 weeks before the injury, skipping non-representative weeks, are used to calculate the average weekly wage, including shift differential and overtime hours at the normal hourly rate. This figure is known as the AWW (average weekly wage). Marital status and the number of dependents claimed on prior tax returns are also factored in, along with whether the worker is 65 or older, which provides an extra dependent credit.

The weekly rate has an enormous impact on total case value. An injured worker owed 200 weeks of benefits at a rate of $1,200 per week will have a case worth $240,000, while the same case with a rate of $400 per week is worth only $80,000. The same injury yields three times the compensation simply because of wage differences.

Returning to Work and the 2017 Law Changes

If you have the ability to return to work with the same employer making the same or more money than before the injury, then under the 2017 law changes you are limited to the functional impairment rating for your injuries regardless of the injury type. For example, a low back injury with a herniated disc and surgery will likely produce around a 10% whole-person impairment rating. If you are still working for the same employer making the same or more money, you would likely receive 50 weeks of benefits (500 x 10% = 50). There is no pain and suffering or loss of quality of life compensation available within Iowa's workers' compensation system.

Your Right to a Second Opinion

Under Iowa Code Section 85.39, injured workers are entitled to a second opinion after the treating authorized medical provider has assigned an impairment rating. However, timing matters and so does the choice of doctor. There are only a small number of specialized occupational medicine physicians in Iowa who will give a fair evaluation. Visiting the wrong doctor could make your case worse rather than better. An experienced Iowa workers' compensation attorney can help you make this decision strategically.

Common Reasons Iowa Workers' Compensation Claims Are Denied

It is not uncommon for an injured employee in Fort Dodge to be denied workers' compensation benefits after filing a claim. Sometimes, denials are made in error or because of inadequate documentation. In other cases, the employer or insurance company denies benefits simply because they do not want to deal with the expense and they believe the worker will not fight back. Understanding the most common denial reasons helps injured workers protect themselves from the start.

Open Reduction with Internal Fixation Surgery for Work-Related Broken Bones

Workers in Fort Dodge industries such as construction, manufacturing, and agriculture face a greater risk of workplace accidents that can result in broken bones than the standard office worker. Unfortunately, treatment for a serious fracture often requires a surgery known as open reduction with internal fixation, which can force a worker off the job for weeks or even months during recovery.

What Is Open Reduction with Internal Fixation Surgery?

Doctors may perform open reduction with internal fixation on bones that would not heal properly with splinting or casting alone. The surgery may be recommended when the bone breaks into multiple pieces, when the bone is protruding through the skin, when the bone is out of alignment, or when a prior reduction surgery has not healed correctly. During the procedure, the surgeon makes an incision to expose the broken bone, repositions it into its proper alignment, and then secures it in place using an internal fixation device such as screws, rods, pins, or plates. The incision is then closed.

Potential Complications and Recovery Timeline

While open reduction and internal fixation surgery is generally considered safe, complications can develop. Workers and their families should be aware of the following potential complications:

Assuming recovery proceeds without serious complications, the average hospital stay following this surgery is up to one week, depending on the patient and the extent of the fracture. Complete recovery following discharge from the hospital can take anywhere from several months to up to a full year. That extended time away from work can create serious financial pressure for Fort Dodge workers and their families, which is precisely why understanding the full scope of available benefits is so important.

Workers' Compensation Benefits After Fracture Surgery

If you suffered a broken bone on the job that required open reduction with internal fixation surgery, workers' compensation insurance should cover the surgery and all related medical expenses. Workers' compensation can also include disability benefits to replace a portion of your wages during recovery, which may include temporary or permanent total or partial disability benefits depending on the severity and permanence of your injuries. It is critical that you notify your employer of your injury within 90 days and file your claim within two years. Failure to meet either deadline may result in losing benefits you would otherwise be entitled to receive.

Third-Party Liability Claims Beyond Workers' Compensation

If you believe your workplace fracture was caused by a third party's negligence, such as the manufacturer of a defective piece of machinery or a third-party driver who caused a crash while you were working, you may be able to file a separate claim for damages outside of the workers' compensation system. This is called a third-party liability claim, and it may allow you to recover compensation for medical expenses, lost wages, and pain and suffering, categories of damages that are not available within the workers' compensation system alone.