Attorneys
Last Updated: 8/29/2024
Each year in Iowa more than 35,000 workers are hurt on the job. How do you know if your injury is a work injury or not?
1. Were you doing your job duties when you developed sudden pain (traumatic injury) or pain that worsens over time (cumulative injury)?
2. You were at your employer’s place of business and slipped and fell on the ice, a broken sidewalk, or other items.
3. You are driving a car while working and you are injured in a motor vehicle collision.
4. You are working from home and your home office is downstairs and you fall down the steps.
These are just a few examples of what can be considered a work injury in Iowa. The most common work injuries involve Iowans doing physical manual labor which causes them to either have a traumatic or cumulative injury.
What Should I do if I am Hurt?
Iowa law requires that you report your work injury within 90 days of when it occurred, subject to some very limited exceptions. Therefore, the first thing you should do is to report your work injury.
Keep in mind that if you report a cumulative trauma work injury on Monday morning after a weekend, then this will raise a red flag, and your employer and their insurance company may deny you work injury because they think you hurt yourself over the weekend. This is why it is best to report the work injury immediately following the pain you develop while at work.
What Happens After I Report My Work Injury?
Iowa is an employer-choice medical care state, meaning that your employer and/or their workers’ compensation insurance carrier will most likely direct your medical care and treatment. Sometimes, your employer will say go see whoever you want, but it is much more common for the insurance company to get involved and send you to their doctors. Also, if you need emergency medical care then you are not required to seek approval or referral from your employer or their insurance company.
Sometimes you will end up using your health insurance for emergency room treatment as the claims are often denied for payment by workers’ compensation even though the law says they are required to pay. Keep in mind that the employer’s right to direct your medical care means that they are not supposed to limit or ignore what their own doctors have to say.
For example, if the workers’ compensation-approved doctor recommends a referral to a surgeon, for an MRI, pain management, physical therapy, or some other medical care then the insurance company should pay for this. Often, they will drag their feet and not approve medical care which may require you to proceed with what is known as a petition for alternative medical care. You can try to do this on your own, but there are several requirements to have a chance of being successful with your petition.
To learn more about alternative medical care along with how you can avoid making 7 preventable mistakes request a copy of Iowa Workers’ Compensation Guide- An Insider’s Guide to Work Injuries. We offer our book at no cost because we have seen far too many Iowans get jerked around by greedy insurance companies. There is no risk and your information will remain confidential so claim your copy now so you can learn about how you can avoid costly mistakes in your work injury case in the comfort of your own home. If you need immediate assistance, call us at 641-792-3595 (phones are answered 24/7) or fill out a Contact Us form Here.
What to Do When Doctors Declare You’ve Reached Your Best Recover, MMI?
Once your doctors say you are at MMI (maximum medical improvement) your case is not over. Many insurance companies will send you a letter stating they are closing your file and will not authorize any additional medical care. This is not what Iowa law requires, but if no one pushes the issue then they may be off the hook for paying any additional medical costs. Also, once you have reached MMI, the company doctor should evaluate you for permanent impairment.
This is known as a functional impairment rating or permanent impairment rating which in Iowa is based upon the AMA Guides 5th Edition. The doctor will look at your medical condition and look at what the AMA Guides say to give you a percentage of disability.
For example, let’s say you had a back injury with a herniated disc in your back requiring a lumbar laminectomy. Under the AMA Guides, you would likely receive a 10% whole-person impairment rating which means at a minimum you should be paid 50 weeks (500 X 10% = 50) of benefits at your weekly workers’ compensation amount. However, depending on whether you are still working with the same employer making the same or more money you may be owed significantly more compensation.
What if I Do Not Agree with my Impairment Rating?
Iowa Code Section 85.39 provides that once your employer has a rating report from their doctor, you are allowed to seek your own IME (independent medical examination). This is not something you want to take lightly and just ask any doctor to do this.
For example, many doctors do not do IME examinations and others are used to doing them for insurance companies and they may give you a very low rating because of it. For our clients we use Board Certified Occupational Health physicians who are highly educated on the AMA Guides and how to provide you with the highest impairment rating possible under the Guides.
What Should I Sign?
You are required to sign a patient’s medical authorization which will allow your employer and their insurance company access to your medical records both before and after the work injury. If you refuse to provide a signed medical authorization form then they can deny your case and provide you with no medical care or compensation.
If the insurance adjustor or your employer suggests that you sign settlement documents to close your case then this is very different. Usually, they will not do this until after you have reached MMI, but sometimes they will make a small offer early on in hopes that you will accept much less than your case is worth. Also, keep in mind that you are likely an employee at will (unless you are a union member working under a collective bargaining agreement) which means that they can fire you for any reason or no reason whatsoever.
There are some employment laws that may protect you from the illegal reasons to fire you (ADA- Americans with Disabilities Act, FMLA- Family Medical Leave Act, etc.), but they could still fire you after you sign workers’ compensation settlement documents. Also, they will usually require you to sign a Global Release which means you would be giving up any potential employment law claims that you have.
Contacting a Work Injury Lawyer in Iowa
If you are not yet ready to contact an Iowa work injury attorney but would like more information about Iowa work injuries then request a copy of Iowa Workers’ Compensation Guide- An Insider’s Guide to Work Injuries. Our book includes the Iowa Injured Workers’ Bill of Rights and much more.
We offer our book at no cost to you because we have seen too many hardworking medical providers and other Iowa workers get taken advantage of by greedy insurance companies. There is no risk and your information will remain confidential so claim your copy now before you make a costly mistake in your work injury case. Finally, you can learn about Iowa work injury laws in the comfort of your own home. If you need immediate assistance, call us at 641-792-3595 (phones are answered 24/7) or Contact Us Here.
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