Johnston Workers Compensation Attorneys

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

Iowa Workers' Compensation for Volunteers

Iowa law generally requires an individual to be considered an employee to be covered under workers' compensation. However, there are exceptions for certain volunteer roles. According to Iowa Code §85.36(9)(a), compensation is provided to volunteer firefighters, emergency personnel, reserve police officers, ambulance drivers, and other volunteer medical personnel. These volunteers are entitled to medical care, medical mileage, compensation for time off work while healing, and compensation for permanent injuries. The wages used to determine compensation for these volunteers are set at either their regular job's pay or 140% of the statewide average weekly wage (approximately $1,100 gross), whichever is higher.

Other Volunteer Roles Covered Under Workers' Compensation

There are other situations where a volunteer might receive Iowa workers' compensation benefits, depending on the specifics of the case. For instance, students participating in work-study programs are usually considered employees. Elected and appointed officials, such as mayors or city council members, are also considered employees. Inmates working at a prison or a public or charitable facility are typically considered state employees. However, the wage laws for these volunteers differ from those applicable to medical personnel.

Expert Witnesses in Workers’ Compensation Cases

An expert witness in a workers’ compensation case is a professional with specialized knowledge who can credibly analyze evidence or relevant factors in the case. The type of expert used depends on the case's circumstances and available evidence.

Medical Testimony in Workers’ Compensation Cases

The outcome of a workers’ compensation claim may depend on the accurate analysis of complex medical information, necessitating expert medical testimony. While the employer usually chooses the employee’s medical care provider, employees can request an independent medical exam at the employer’s expense if they disagree with the employer-appointed doctor's assessment. Employees dissatisfied with the employer-chosen physician can also request alternate care and, if unsuccessful, appeal to the Workers’ Compensation Commissioner.

Any examining doctor may provide documentation or testimony regarding the patient’s injuries, prognosis, and the necessity of future treatment. These medical expert assessments help determine the disability and impairment level assigned to the injured worker, significantly impacting workers’ compensation benefits.

Professionals Providing Testimony on Causation

Workers’ compensation requires establishing that a worker’s injury or illness is work-related. Scientific experts can conduct or suggest tests to assess the toxicity of workplace substances and establish that they caused injury, aggravated an existing condition, or led to a chronic condition or disease.

For instance, workers exposed to asbestos might consult an expert to testify about causation related to exposure levels. Similarly, auditory experts might establish that workplace noise levels caused or contributed to hearing problems.

Legal Action Following a Workplace Injury

Workers are entitled to compensation if injured on the job, regardless of fault. Workers’ compensation is usually the sole recourse against an employer, though workers injured due to third-party negligence may pursue compensation through a third-party claim. In such cases, additional expert witnesses may be needed to establish negligence.

For example, if machinery caused the worker’s injuries, a technical expert familiar with the equipment might testify about a manufacturing or design defect or the cause of the machine malfunction.

Medical Bill Payment in Iowa Workers’ Comp Cases

Iowa is an employer-choice state, meaning the employer and their insurance company typically choose the medical providers for injured workers. Consequently, they are responsible for paying the medical bills from these providers. Medical providers must ensure they are authorized by the employer or workers' compensation insurance company to avoid non-payment issues. Unauthorized providers may need to seek payment from the patient's health insurance or directly from the patient.

Handling Denied Claims

If a workers’ compensation claim is denied, the injured worker should receive a letter stating the denial. Medical providers can request a copy of this letter for their records. Iowa law mandates that the patient’s health insurance covers medical care if the workers' comp claim is denied. According to Iowa Code § 85.38(2)(a), health insurance plans cannot deny payment for medical services based on unresolved employer liability for the workers' comp claim.

Authorized Providers and Payment Disputes

Medical providers should obtain written authorization and approval from the workers' compensation insurance company for their treatment. However, insurance companies may audit and reduce the payment amount, leading some providers to bill the injured worker for the difference, which is not permitted under Iowa law. Disputes over reasonable charges for medical care should be addressed between the provider and the insurance company before the Iowa Workers' Compensation Agency, not involving the injured worker.

Getting Legal Assistance In Johnston

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 Johnston 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.