Lake City Workers Compensation Attorneys

A workplace injury is stressful enough without wondering whether losing your job means losing your benefits, or whether a car accident on the job even counts as a workers' compensation claim. The Lake City workers' compensation attorneys at Walker, Billingsley & Bair want local workers to understand how termination affects a claim, how job-related car accidents are handled, and the mistakes to avoid when applying for benefits.

Losing Your Job Doesn't Mean Losing Your Work Comp Benefits

If you were injured on the job in Iowa and then fired, whether immediately or months later, you may be wondering whether you can still receive workers' compensation benefits. The short answer is yes. In Iowa, being fired does not automatically disqualify you from workers' compensation benefits. If your injury was work-related and your claim is valid, your former employer, or their insurance carrier, is still legally required to provide medical care and financial benefits.

The Iowa workers' compensation system is designed to provide support to injured workers by offering medical treatment costs, temporary or permanent wage replacement, vocational training or rehabilitation, mileage reimbursement for travel to medical appointments, and compensation for permanent disability. Iowa law does not require you to prove fault. As long as your injury happened during the course of your employment, you are eligible.

You Remain Eligible Regardless of Why You Left

It does not matter whether you were laid off after the injury, fired while receiving workers' compensation, or terminated before filing your claim. As long as your injury meets the requirements for a compensable claim, you remain eligible for benefits. Under Iowa law, your employer or their workers' compensation insurance company is allowed to direct your medical care to providers they select, and they are required to pay for the medical care related to your work injury condition in its entirety. It is possible to switch medical care to other providers through a petition for alternate medical care, though specific steps must be followed.

You may also hear terms like TTD, which stands for temporary total disability and is a weekly check received when you are unable to work or have restrictions your employer cannot accommodate, and PPD, which stands for permanent partial disability and compensates for a permanent loss based on factors like the type of injury, its severity, and your impairment rating.

How the Reason for Termination Affects Your Claim

While you may still qualify for workers' comp after being fired, the reason for your termination can affect what benefits you are entitled to, especially wage loss compensation. If you were let go due to corporate restructuring, downsizing, or a business shutdown, your benefits will typically continue as usual. If you were fired for alleged misconduct, your employer may argue your wage loss is no longer due to the injury, which can impact eligibility for temporary disability benefits, though medical benefits still apply, permanent partial disability may still be available, and you can challenge a denial of wage benefits.

Being fired in retaliation for filing a workers' compensation claim is illegal in Iowa. If you were fired because you filed a claim, you may have grounds for a retaliation or wrongful discharge lawsuit, and you should promptly contact an attorney since time limits for filing a complaint can be short. Iowa Code section 85.18 prohibits employers from retaliating against employees for reporting a workplace injury, filing a workers' compensation claim, or participating in a workers' comp hearing.

Workers' Compensation for a Job-Related Car Accident Near Lake City

Any injury you sustain while at work may entitle you to Iowa workers' compensation benefits. You may be wondering whether you can receive compensation if you are injured in a car accident while on the job. In Iowa, workers' compensation covers injuries and fatalities that occur at the workplace, regardless of who was at fault. This includes accidents that happen on the premises, as well as outside of the workplace, provided the employee was conducting company business at the time of the injury.

Car Accidents While On the Job

People who commute to and from work will not be eligible for a workers' comp claim in the event of a car accident. However, employees may be eligible for workers' compensation if the employer asked the employee to run an errand, the employee was traveling to an employer-sponsored event, or the nature of the employment requires frequent travel by motor vehicle.

Car Insurance vs. Workers' Compensation

Workers' compensation will pay for all necessary medical expenses and lost wages while an employee is unable to work. When an injury results in more than three days of missed work, an employee may be eligible for disability benefits, which can include temporary or permanent disability and healing period benefits. When a workplace injury results in a fatality, death benefits may be paid to the spouse or children of the deceased.

If you drive while on the job, it helps to understand how Iowa's workers' compensation works alongside auto insurance. Auto insurance operates on an at-fault system. If you were not liable for the car accident, you have the right to pursue civil action against the at-fault party, which may recover medical expenses, lost wages, and permanent disability. Unlike a workers' comp claim, a personal injury lawsuit can also include compensation for pain and suffering and emotional trauma.

Steps to Take After a Work-Related Car Accident

The first thing you should do after a car accident near Lake City is seek medical attention and let the treating physician know that your injuries are work-related. You have up to 90 days to inform your employer that you were injured while on the job, and failure to disclose this information in time could result in a denial of benefits. The employer has four days after being made aware of the accident to file a First Report of Injury with the Workers' Compensation Commissioner. An Iowa workers' comp claim comes with limitations that determine whether you have a right to file, and these can depend on how long you have been with the company, the details of the accident, and the severity of your injuries.

4 Things You Should Never Do if Applying for Workers' Compensation Benefits

If you are applying for workers' compensation in Iowa, here are four things you should never do.

1. Forget to Notify Your Employer

Under Iowa workers' compensation law section 85.23, you only have 90 days to file a claim for workers' compensation benefits. If you have been injured on the job and want to apply for benefits, do not forget this 90-day rule. If you do not notify your employer in time, you forfeit your right to benefits.

2. Exaggerate the Extent of Your Injuries

It can be tempting to exaggerate the extent of your injuries, especially if you are worried about not getting your full benefit amount or having your claim denied. However, doing so is one of the worst things you can do. A medical examiner may doubt your authenticity when discussing pain or disability and may make an incorrect assessment as a result.

3. Accept a Medical Opinion You Don't Agree With

Your employer has the right to choose the medical provider who will oversee and treat you for your injuries. However, it is possible you won't be satisfied with a medical opinion or treatment you receive. If this happens, notify your employer, since disputes can often be worked out simply by having a conversation. If the dispute cannot be resolved, you have the right to initiate a contested case. While contesting a case can be a bit of a headache, receiving medical care you do not agree with, or a medical opinion that negatively affects your compensation, may be worse.

4. Settle for a Lower Amount Than You Think You're Entitled To

As an injured worker, you are entitled to payment for the total cost of your medical expenses and treatment, and disability payments if you have to miss work. Types of disability benefits include temporary total, temporary partial, healing period, permanent partial, permanent total, secondary injury fund, and vocational rehabilitation benefits. If you believe you are entitled to a benefit amount that has been denied, you do not have to settle. Instead, you can hire an attorney who can help you appeal your workers' compensation claim.