Attorneys
- Polk City Workers Compensation Attorneys
- Phone: 641-792-3595
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What Is a Workers' Compensation Case in Iowa?
A workers' compensation case is any claim where a person has been injured or killed while on the job. The legal requirement is that the work injury arose out of and in the course of employment. The law does not automatically compensate for every work injury; you must be able to prove that you were on the job and working when the injury occurred.
There are important nuances to keep in mind. Falling in an employer's parking lot, for example, is generally considered a work injury. Horseplay, on the other hand, typically is not. Additionally, under Iowa law, you need only prove that a work injury caused a material and substantial aggravation of a preexisting condition for it to qualify as a compensable work injury. That means having a prior injury to the same body part does not necessarily disqualify you from receiving benefits. You may still be entitled to compensation even if the job did not cause the original problem, as long as work caused it to worsen significantly.
If you previously sustained a scheduled member injury, such as an arm or leg injury, whether or not it was work-related, and then sustain another scheduled member injury at work, you may also be entitled to additional benefits through the Iowa Second Injury Fund. When Second Injury Fund benefits apply, the extent of permanent disability benefits is determined using the industrial disability factors, similar to those used in back, shoulder, neck, or brain injury cases.
The Three Types of Workers' Compensation Benefits Available in Iowa
Iowa's workers' compensation system provides three primary categories of benefits to injured workers. Understanding each one, and how they interact with each other, is the foundation of knowing what you are actually owed after a work injury in Polk City.
Medical Benefits
If your claim is admitted by the insurance company as work-related, or if you prove your condition is work-related, you are entitled to lifetime medical benefits to treat your work injury. When a claim is admitted, however, the insurance company has the right to choose your medical provider, subject to some exceptions. If the insurer designates a treating physician, that physician's recommended medical care and referrals to other doctors must generally be covered. Insurance companies do not always follow the rules in this area, which is why an alternative medical care process exists under Iowa law and is explained in detail in the firm's free Iowa Work Comp book.
Temporary Total Disability (TTD) and Healing Period Benefits
If you are unable to work because of your work injuries, you should receive a weekly check while you are off work. This benefit is subject to several conditions. Generally, the doctor your employer or their insurance company sent you to must be the one who took you off work. If that doctor says you can return with restrictions, you have a duty to contact your employer and make yourself available to work within those restrictions. If your employer does not have work available within those restrictions, you would then receive weekly workers' compensation checks. These checks should continue until you are placed at maximum medical improvement and released from care, or until you are able to return to work.
If you return to work with restrictions but are earning less money because you are not getting as many hours or are working a lower-paying position, you should receive Temporary Partial Disability (TPD) benefits. TPD represents two-thirds of the difference between your average weekly wages before the injury and the wages you are currently earning. For example, if your average weekly wages before the injury were $750 and you are now earning $300 per week, you would receive your work wages plus an additional $300 in weekly workers' compensation benefits, calculated as: $750 minus $300 equals $450, multiplied by two-thirds, which equals $300.
Permanent Partial Disability (PPD) Benefits
At some point during recovery, the treating physician will indicate that you have healed as much as possible, a status known as Maximum Medical Improvement (MMI). At that point, your benefits shift from temporary to permanent. If your medical condition heals completely and you are left with no permanent problems, you likely do not have a claim for permanent disability benefits. If you have a permanent impairment rating and/or permanent work restrictions, however, you are likely owed permanent disability benefits. The amount of PPD benefits owed depends on many different factors, and navigating those calculations requires a workers' compensation lawyer who understands the specialized laws that apply.
Workers' Compensation for Job-Related Car Accidents in Iowa
One category of workplace injury that creates significant confusion is a car accident that occurs while an employee is on the job. Many workers assume that because the injury happened in a vehicle rather than at a traditional worksite, workers' compensation may not apply. That assumption is incorrect in many situations.
Iowa workers' compensation covers injuries and fatalities that occur at the workplace, regardless of who was at fault. This coverage extends beyond the physical premises of the employer and applies to accidents that occur outside of the workplace, provided the employee was conducting company business at the time of the injury. Employers are generally required to provide benefits for injuries that arise out of and in the course of employment.
When a Job-Related Car Accident Qualifies for Workers' Comp Coverage
Employees who are simply commuting to and from work will not be eligible for workers' compensation in the event of a car accident. However, workers' compensation coverage does apply in the following circumstances: 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.
Workers' compensation will pay for all necessary medical expenses and lost wages while the 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.
Workers' Compensation vs. a Personal Injury Lawsuit After a Work-Related Crash
Iowa's workers' compensation system and the state's auto insurance system operate differently and can both be relevant after a job-related car accident. Auto insurance operates on an at-fault basis. If another driver caused the crash and you were not at fault, you have the right to pursue civil action against that at-fault party. Like workers' compensation, a personal injury lawsuit can recover medical expenses, lost wages, and permanent disability. Unlike a workers' comp claim, however, a personal injury lawsuit can also include compensation for pain and suffering and emotional trauma, categories that workers' compensation does not cover.
Understanding the time limitations that apply to each step of pursuing an Iowa workers' compensation claim is also critical. There are different deadlines for reporting your injury to your employer, filing for a workers' compensation claim, and receiving benefits. Missing any of these deadlines can result in the loss of benefits you would otherwise be entitled to receive.
Steps to Take After a Work-Related Car Accident
The first thing you should do after a job-related car accident is to seek medical attention and let the treating physician know that your injuries are work-related. You then have up to 90 days to inform your employer that you were injured while on the job. Failing to notify your employer within that window could result in a denial of workers' compensation benefits. Once your employer is notified, they have four days to file a First Report of Injury with the Workers' Compensation Commissioner.
Four Critical Mistakes to Never Make When Applying for Workers' Compensation Benefits
Injured workers in Polk City and across Iowa frequently make avoidable errors that cost them benefits they are legitimately entitled to receive. The four mistakes below are among the most damaging, and knowing them in advance can make a significant difference in the outcome of a claim.
Under Iowa workers' compensation law section 85.23, you have only 90 days to file a claim for workers' compensation benefits. If you have been injured on the job and want to apply for benefits, this deadline is not flexible. Failing to notify your employer within 90 days forfeits your right to benefits, regardless of how serious your injuries are or how clearly work-related they may be.
It can be tempting to describe your injuries in the most severe terms possible, especially if you are worried about having your claim denied or receiving less than you feel you deserve. However, exaggerating the extent of your injuries is one of the most damaging things you can do. A medical examiner who doubts your credibility may make an incorrect assessment that negatively affects your entire claim. Honesty is not just the ethical choice; it is the strategically sound one.
Your employer has the right to choose the medical provider who will oversee and treat your work injuries. That does not mean you are required to accept a medical opinion or treatment plan you disagree with. If you are unsatisfied with the medical opinion you receive, notify your employer and attempt to resolve the dispute through conversation. If that does not work, you have the right to initiate a contested case. Accepting a medical opinion that inaccurately assesses your condition, or that reduces your compensation amount, can have lasting consequences for the value of your claim.
As an injured worker, you are entitled to payment for the total cost of your medical expenses and treatment, as well as disability payments if you had to miss work. The types of disability benefits available under Iowa workers' compensation include temporary total, temporary partial, healing period, permanent partial, permanent total, secondary injury fund, and vocational rehabilitation benefits. If you believe you have been denied a benefit amount you are legitimately owed, you do not have to accept that outcome. An attorney can help you appeal your workers' compensation claim and fight for the full amount you deserve.
- You must report your work injury to your employer within 90 days under Iowa Code 85.23
- A preexisting condition does not disqualify you if the job caused a material and substantial aggravation
- The insurance company generally chooses your treating doctor when a claim is admitted
- TPD benefits equal two-thirds of the difference between pre-injury wages and current earnings
- Job-related car accidents can qualify for workers' compensation when the employee was conducting company business
- A personal injury lawsuit, unlike workers' comp, can include pain and suffering damages
- Never exaggerate injuries, miss deadlines, accept disputed medical opinions without action, or settle for less than you are owed
Getting Legal Assistance In Polk City
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 Polk City 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.