Newton Workers Compensation Attorneys

When workplace injuries occur, the legal landscape can quickly become a maze of complexities, leaving you feeling overwhelmed and uncertain about the next steps. This is where our workers' compensation attorneys step in to make a difference. With unwavering dedication and expertise, our team is committed to championing the rights of injured workers. We meticulously advocate on your behalf, ensuring you receive the fair treatment and proper compensation you deserve. Let us handle the legal intricacies, so you can focus on your recovery with peace of mind.

If you or a loved one has been hurt at work in Iowa, you likely have an Iowa workers' compensation claim. The terminology used by insurance companies, doctors, and nurse case managers can be confusing and difficult to understand. Additionally, as an injured worker, you have certain rights and responsibilities that you should know to avoid making costly mistakes. This guide covers essential aspects of Iowa work injuries to help you navigate your claim effectively.

The Complete Guide to Iowa Workers' Compensation

Medical Care

Under Iowa law, your employer and/or their workers' compensation insurance company can direct your medical care to doctors and other medical providers they select. They are required to pay for the medical care in its entirety for your work injury-related condition. You can seek medical care on your own, but the workers' compensation insurance company will not pay for it. You will have to use your health insurance or personal funds, and issues may arise depending on your policy. It is possible to switch medical care providers using a process called a petition for alternate medical care, but specific steps must be followed.

TTD (Temporary Total Disability)

TTD is a weekly check you should receive when you are unable to work or have restrictions your employer cannot accommodate. If the company doctor takes you off work completely, you should receive a weekly check for TTD. Note that you will not receive compensation for the first three days (waiting period) unless you miss 14 or more days of work.

PPD (Permanent Partial Disability)

PPD compensates an injured worker for their permanent loss. The amount depends on factors such as the type of injury (scheduled vs. unscheduled), the severity, and your impairment rating. Scheduled member injuries involve specific body parts like hands or legs, while unscheduled injuries (body as a whole injuries) include areas like the shoulder, neck, or back. Exceptions to these classifications exist and are explained in more detail in our free Iowa workers' compensation book.

Rate

The rate is the amount of your weekly TTD or PPD check. If you are paid hourly, your rate is generally calculated based on 13 representative weeks of wages before your injury. Bonuses and other payments are also included in this calculation.

IME (Independent Medical Examination)

An IME is often requested by the insurance company for another doctor's opinion. However, the term "independent" can be misleading, as these doctors may provide opinions favorable to the insurance company. If the insurance company requests an IME, you may be required to attend, or they could suspend your benefits.

MMI (Maximum Medical Improvement)

MMI means that the doctors believe you have healed as much as possible. Reaching MMI does not mean your case is over or that further medical care will not help you.

Impairment Rating

After reaching MMI, doctors evaluate you for an impairment rating based on the AMA Guides, 5th Edition. This rating helps determine your compensation, especially for scheduled injuries.

FCE (Functional Capacity Evaluation)

An FCE is a physical test by a therapist to determine your permanent work restrictions. The results are essential in deciding your work capabilities and restrictions.

Settlement

There are various types of settlements in Iowa workers' compensation cases. The insurance company should pay your impairment rating without you settling your case. Settlements should be carefully considered, and consulting a qualified workers' compensation lawyer is recommended.

Your Rights as an Injured Worker

You have the right to medical care for your work-related condition for your entire lifetime. However, if the insurance company finds a doctor who says your condition is not work-related, they may stop paying for your care.

Payment of Mileage Expenses
You are reimbursed for mileage to and from medical appointments. The reimbursement rate changes yearly.

Second Opinion
After reaching MMI and receiving an impairment rating, you have the right to a second opinion, with part of the cost covered by the insurance company.

Your Responsibilities as an Injured Worker

Report Your Injury
While you have up to 90 days to report your injury, it is best to do so immediately. Follow your company's reporting policies to avoid complications.

Communicate with Your Medical Providers
Accurately and consistently communicate with your doctors about your injury and symptoms. This documentation is crucial for fair compensation.

Be Ready and Willing to Work
If the workers' compensation doctor gives you work restrictions, provide them to your employer and be ready to work within those restrictions. If your employer offers suitable work, you must try to perform it. Failure to do so can lead to losing benefits, being fired, or reducing the value of your claim.

Bulging Discs and Workers' Compensation

Symptoms and Causes

Bulging discs, also known as herniated discs, occur when a spongy disc between vertebrae is damaged, pressing on spinal nerves. Symptoms include pain spreading to the buttocks, hips, legs, shoulders, or arms, as well as weakness and numbness. Causes include workplace accidents or repetitive tasks, especially when done improperly. Age can be a factor, but the injury must occur within the scope of employment to be compensable.

Steps to Take

If diagnosed with a bulging disc, inform your employer and file a workers' compensation claim. Approved claims cover medical costs and disability benefits. Permanent impairment may qualify for PPD benefits.

Returning to Work After Surgery

Post-Surgery Work Restrictions
If your surgeon states you cannot work, you should not be forced to return and should receive weekly benefits. If given light duty restrictions, provide them to your employer and attempt the offered work. Keep proof of your restrictions and communicate any issues with your employer and doctor. If your employer does not offer suitable work, notify the insurance company to continue receiving TTD benefits.

Consequences of Refusing Work
Refusing suitable work can result in losing benefits, being fired, and reducing the value of your claim. Always attempt to work within your restrictions and communicate any difficulties promptly.

Getting Legal Assistance

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 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.