Waterloo Workers Compensation Attorneys

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

When an injured worker is released by their doctor, it can have significant implications for their workers' compensation benefits. Understanding the different scenarios and outcomes can help you navigate this complex process and ensure you receive the benefits you are entitled to.

Effects of Physician Releases on Workers’ Compensation Benefits

Fully Healed and Released to Regular Duties

In many cases, an employee’s injury or illness eventually heals, allowing them to return to their regular job duties. For example, consider a delivery truck driver involved in a traffic accident who suffers a broken arm and leg. After a few months, both fractures heal, and the driver can resume their regular duties. In such scenarios, workers' compensation payments would typically stop.

Released with Job Restrictions

If an employee is released to return to work but with certain restrictions, their job responsibilities might be adjusted, or they might work fewer hours. Payments should continue if treatment is ongoing. However, if the employee fails to adhere to the prescribed work restrictions, payments could be stopped. For instance, if a doctor advises light-duty assignments and the employee declines, this decision could impact their eligibility for benefits.

Adapting to Changing Work Circumstances

If the worker receives a lower wage due to the injury, temporary total disability (TTD) benefits could transition to temporary partial disability (TPD) benefits. Unlike TTD, which provides 80% of average spendable earnings, TPD pays two-thirds of the difference between the pre-injury wages and the reduced wages.

You should receive your TTD check on a weekly basis. If you don’t receive it on time, contact the insurance adjuster for an explanation. If you have an attorney, they will contact the insurance company on your behalf. The insurance company can ultimately be subject to paying penalty benefits up to 50% for late checks.

Maximum Medical Improvement (MMI)

A physician might determine that the employee has reached maximum medical improvement (MMI). This is common in cases like spinal cord injuries, where the condition has plateaued, and additional improvement is unlikely. However, ongoing treatment might still be necessary. Once a doctor concludes that significant improvement is unlikely and releases the worker, healing period benefits cease, and permanent disability benefits might begin.

Permanent Disability Benefits

If an individual has a permanent impairment, healing period benefits could be accessible during recovery. Even if they are cleared to work despite a permanent disability resulting from the injury, they might qualify for permanent partial disability (PPD) benefits. Alternatively, if the physician deems they are unable to return to work at all, permanent total disability (PTD) benefits could be applicable.

What Does it Mean When Workers' Comp Closes Your Case?

Hearing that your case is "closed" from an insurance adjuster can be misleading. In Iowa, for instance, injured workers have lifetime medical benefits for work-related injuries. However, insurance companies may still deny medical care, attributing your condition to other causes like arthritis.

Are You Owed More Money?

You might be owed significantly more than what has been paid for PPD (permanent partial disability) benefits. If you have been paid workers' compensation benefits, you have up to three years from the date of the last payment to file a petition for additional benefits.

To determine if you are owed more, consider consulting a qualified Iowa workers' compensation attorney. They can review your case and advise whether you should pursue additional benefits.

Questions to Assess Your Entitlement

1. When were you injured and when was the last payment received?
2. What types of injuries did you sustain?
3. What permanent work restrictions, if any, have been imposed?
4. Did you undergo a Functional Capacity Evaluation (FCE) and what were the results?
5. Did you receive an impairment rating, and from which doctor?
6. Have you returned to your normal job and are you earning the same or more money?
7. Have you been terminated or asked to leave your job due to the injury?
8. If you sustained a scheduled member injury, do you qualify for additional compensation under the Iowa Second Injury Fund Act?

Keeping Documentation

Throughout your workers' compensation case, keep all letters from the insurance company and medical records from your providers. If you lack these documents, your attorney can obtain them from the insurance company at no cost under Iowa law.

Utilizing Coworker Testimony in a Workers' Compensation Claim

Coworker testimony can be crucial in workers' compensation claims, especially when there is a dispute about the accident or the extent of the injury.

Benefits of Coworker Testimony

Coworkers who witnessed the accident can support your claims that the injury occurred at work. For example, if you fell off a ladder and lost consciousness, coworkers can testify about the incident, potentially countering a doctor's assessment that downplays the severity of your injury.

Fear of Retaliation

Coworkers may fear retaliation, such as being fired, harassed, or demoted, for testifying. It is important to know that employees cannot get in trouble for providing truthful statements about workplace accidents, particularly when worker safety is at issue.

How Coworkers Can Help

Coworkers might have access to photographs or other evidence that substantiates your claims. This evidence can be critical in proving what caused the accident and the extent of the injuries.

Getting Legal Assistance In Waterloo

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 Waterloo 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.