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- Missouri Valley Workers Compensation Attorneys
- Phone: 641-792-3595
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Getting hurt on the job in Missouri Valley comes with more than physical pain. Injured workers must understand what benefits they are entitled to, when those benefits begin, and how decisions like switching jobs or being fired while on light duty can affect their claim. The attorneys at Walker, Billingsley & Bair have spent years helping Iowans navigate exactly these situations, and this guide breaks down what every Missouri Valley worker should know.
The Three Basic Types of Workers' Comp Benefits
Medical Care and Treatment
Iowa is an employer choice state, which means a Missouri Valley worker's employer and their insurance company get to send the injured employee to the medical providers they choose. However, this is not an unlimited right. If the doctor they send the worker to recommends an MRI, surgery, physical therapy, or other treatment, the insurance company is not allowed to ignore what their own chosen doctor says. If that doctor refers the patient to another doctor or a family physician, those providers also become authorized. Medical care often creates problems in a workers' comp case, and there is a procedure called alternative medical care that can be used to attempt to force the insurance company to provide care and treatment.
Temporary Total Disability (TTD) Benefits
If a Missouri Valley worker is taken off work by the company doctor, or if the company doctor gives work restrictions the employer cannot accommodate, the worker should receive TTD benefits. If paid hourly, the rate is likely based on earnings during the 13 weeks before the injury, skipping non-representative weeks such as sick days or personal days. All hours worked are included at normal hourly rate, along with shift differential and regular bonuses. Once the average weekly wage during those 13 weeks is calculated, it is compared to a chart representing 80 percent of spendable earnings, based on marital status and number of dependents.
Permanent Partial Disability (PPD) Benefits
These are paid if injuries are considered permanent. The amount owed depends on many factors, including the type of injury sustained, such as a back, neck, rotator cuff, arm, leg, hand, or carpal tunnel injury, the medical care received, whether the worker is back to work making the same or more money, and whether they have been terminated because the employer cannot accommodate their restrictions.
When Do Missouri Valley Workers' Comp Benefits Actually Start?
| Benefit Type | When It Begins |
|---|---|
| Medical care | Starts immediately and is supposed to continue for life so long as it remains work related. Keep in mind the insurance company will often eventually deny that a condition is work related and stop paying bills. |
| Temporary Total Disability | There is a 3 day waiting period, meaning you are not paid for the first 3 days you miss unless you miss 14 or more days, in which case the insurer must pay for those first 3 days as well. TTD benefits should continue until your employer brings you back to work or you reach maximum medical improvement. |
| Permanent Partial Disability | Begins once you reach maximum medical improvement and are given a functional impairment rating by the authorized company doctor. These benefits are often intentionally delayed by the insurance company. |
If your employer offers you work within your restrictions, it is your duty to attempt that work. If you believe the job offered is not appropriate, Iowa law requires you to send your employer a letter describing why. Never quit your job, since doing so can cost you thousands of dollars and may prevent you from receiving unemployment benefits as well.
What Happens if a Missouri Valley Worker Switches Jobs?
An Iowa workers' comp case remains open if a worker decides to switch jobs while still treating an injury. However, this can create problems, since if additional issues arise at the new job, the insurance company can blame the new employer and deny further medical care and treatment, potentially leaving the worker to file a new claim entirely. There were more than 20 changes to Iowa's workers' compensation laws made in 2017, many of which affect switching jobs during a pending claim.
Medical Care Complications
Technically, injured workers have lifetime medical care under Iowa law. All the insurance company must do to deny further treatment is obtain an opinion letter from another doctor, who does not even have to examine the patient, stating that current problems are not caused by the original work injury. This is exactly what an insurer is likely to do if a Missouri Valley worker changes jobs while still treating. In some situations, changing jobs may make sense, but usually only after maximum medical improvement and permanent restrictions have been established.
Industrial Disability Considerations
There is often a big difference in compensation between scheduled member injuries, such as hands, feet, arms, legs, and eyes, and industrial injuries, such as the back, neck, or brain. One change made in 2017 provides that regardless of injury type, if a worker is working for the same employer making the same or more money, they are limited to the functional impairment rating provided by the AMA Guides. If a worker's employment ends, whether voluntarily or not, and the injury involves the body as a whole, they may be entitled to an industrial disability analysis instead. This is not always the best approach, since in limited situations industrial disability could actually be lower than the functional impairment rating, which is why speaking with a qualified attorney before making this transition matters.
Quitting, Retiring, and Other Costly Mistakes
One of the worst things a Missouri Valley worker can do is quit during the middle of workers' comp treatment. If receiving TTD benefits while off work, those benefits will likely end upon quitting, and filing for unemployment afterward becomes difficult since a worker must be ready, willing, and able to work to qualify. Even if a worker does qualify, Iowa law now limits the number of weeks unemployment can be received and requires workers to take lower paying jobs sooner or risk losing benefits.
Retirement is another trap for injured workers. If an older Missouri Valley worker is considering retirement while a workers' comp case is pending, that decision can be used by the employer and insurer as a primary factor in reducing industrial disability compensation. Discussing retirement plans with anyone during a pending claim should be done with extreme caution, since that statement could later cost thousands of dollars.
Can a Missouri Valley Worker Be Fired While on Light Duty?
Under Iowa law, unless a worker has a written employment contract, they are most likely an employee at will, meaning they can be fired at any time for any reason or no reason at all. However, union members can file a grievance to try to get their job back, and if an employer violates an employment law such as the Americans with Disabilities Act or the Family Medical Leave Act, a worker may be able to get their job back by filing a complaint with the EEOC or the Iowa Civil Rights Commission. These complaints have short filing deadlines, which is why consulting an attorney familiar with both workers' compensation and employment law matters.
If a Missouri Valley worker is fired while on light duty, it can significantly impact the workers' compensation case. If the termination is for cause, the insurance company may deny TTD benefits while the worker remains on restrictions prior to reaching maximum medical improvement. It is common for insurers to initially deny these benefits until an attorney explains the law and the potential penalty for failing to continue payments.
Unemployment and Workers' Comp Together
A worker should not immediately file for unemployment if an ongoing TTD request is denied, since TTD and unemployment benefits cannot be received at the same time, and doing so could waste available unemployment weeks. However, it is possible to eventually receive both unemployment and permanent partial disability benefits at the same time if specific legal requirements are met. Even if a state workforce agency initially says a worker does not qualify due to insufficient work credits, that determination is not always correct, and an appeal may be able to correct which quarters are used. Successfully obtaining unemployment benefits provides another source of income for a period of time and can also increase the overall value of a workers' compensation case.
Getting Legal Assistance In Missouri Valley
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 Missouri Valley 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.