Attorneys
Several factors influence how big an Iowa workers' compensation case settlement will be. These include the body part(s) injured, permanent work restrictions, level of education, work history, if the worker returns to work, how much the worker made before the injury to determine the weekly rate, if the worker has hired a reputable Iowa workers comp attorney who has filed a petition and obtained a trial date among many other things.
Below are some of the main factors in determining the value of an Iowa workers’ compensation case:
Body parts injured
Iowa has a system that provides different compensation levels for different types of injuries. For example, if you have sustained an injury to your back, neck, hips, brain, organs, CRPS (complex regional pain syndrome), or mental injuries (PTSD, anxiety, or depression usually caused by a physical injury), etc. then you have an industrial injury, and your compensation will likely be higher than someone who sustained what we call a scheduled member injury.
Scheduled member injuries include hands, arms, fingers, feet, legs, toes, eyes, shoulders, etc. They are called scheduled member injuries because compensation is based upon a schedule depending upon the body part injured, and the number of weeks is multiplied by the functional impairment rating, which is discussed further below.
Keep in mind that if an injured worker previously sustained a condition or injury (it does not have to be work-related) to a different hand, arm, foot, leg, or eye, then they qualify for additional benefits under the Iowa Second Injury Fund. Also, if you have sustained three scheduled member injuries and develop mental health problems because of your scheduled member injury, then you may qualify as an industrial injury.
Functional Impairment Rating(s)
Impairment Ratings are calculated from a book called the AMA Guides 5th Edition which a group of doctors created that makes up impairment rating numbers for different body parts and injuries. Your functional impairment rating has very little to do with your actual injuries, pain, restriction, or limitations, but this is the system that Iowa uses to compensate injured workers.
If you have multiple scheduled member injuries, then you may have multiple ratings. If you have a scheduled member only, you might not qualify for the Iowa Second Injury Fund. In that case, you may be limited to this rating.
Below is the total number of weeks used for the most common scheduled member injuries in Iowa:
Industrial injuries (back, neck, hips, brain, organs, CRPS (complex regional pain syndrome), mental injuries, etc.- 500 weeks
Shoulder- 400 weeks
Arm- 250 weeks
Hand- 190 weeks
Leg- 220 weeks
Foot- 150 weeks
Fingers- Thumb- 60 weeks, 1st Finger- 35 weeks, 2nd Finger- 30 weeks, 3rd Finger- 25 weeks, 4th Finger- 20 weeks.
Toes- loss of great toe/big toe- 40 weeks, loss of any other toe is 15 weeks
Eye- 140 weeks for the loss of one eye.
For example, with an arm injury if you were to lose your entire arm, then you should receive 250 weeks of benefits at your weekly rate described below. If the doctors say that you have a 10% functional impairment rating to your arm, then you would receive 25 weeks (250 X 10% = 25).
There are many other variables to consider when determining your compensation, including injuries to both your arms, legs, feet, hands, or eyes, but this is a basic explanation. If you have sustained multiple scheduled member injuries or have additional questions about this, please feel free to call or contact us and we would be glad to see how we may be able to assist you.
We offer free consultations and are only paid if we are able to get you more than the insurance company voluntarily pays, and then it is a percentage of the additional recovery.
Workers compensation rate
The benefits paid to the injured worker are based on the wages prior to the work injury. Depending upon how you are paid will determine what time period is used. If they are paid by the hour, then usually the wages for the 13 weeks before your work injury, skipping non-representative weeks, will be used to determine your average wages during that period of time, including shift differential and overtime hours, but only at the normal hourly rate.
This is known as the AWW (average weekly wage). We then determine the injured workers’ marital status and the number of dependents they claimed on their tax returns before the work injury and if they are 65 or older as they get an extra dependent.
Based on the AWW, marital status, and number of dependents, we look at a chart that is based on 80% of the workers' spendable earnings. If an injured worker is owed 200 weeks of benefits and has a rate of $1,200 per week, their case is worth 3 times as much as the same case with a rate of $400 per week. (200 X $1,200 = $240,000, 200 X $400 = $80,000).
Return to Work and Wages
If you have the ability to return to work with the same employer making the same or more money than you did when you were injured, then under the 2017 law changes regardless of the type of injuries that you have you, are limited to the functional impairment rating for those injuries.
For example, if you sustained a low back injury with a herniated disc and surgery, you will probably receive around a 10% whole-person impairment rating. If you are still working for the same employer, making the same or more money, then you are likely going to receive 50 weeks of benefits being owed (500 X 10% = 50).
What About a 2nd Opinion
Under Iowa Code Section 85.39, the injured worker is to receive a 2nd opinion after the treating authorized medical provider has provided an impairment rating. Keep in mind that it may or may not make sense to use your one-time 2nd opinion right away.
For example, if you are working for the same employer, making the same or more money, it may be better to wait a while to make sure your employer will continue to accommodate your injuries. Also, you do not want to request a 2nd opinion with just any doctor.
There are only a handful of specialized occupational medicine physicians in Iowa who will give you a fair evaluation, going to the wrong doctor could make your case worse. An experienced Iowa workers' compensation attorney can help you make this decision.
Lump-sum Settlement
Keep in mind that workers’ compensation benefits are generally paid weekly, unless the benefits are accrued but not paid on time. This means that most, if not all, of your functional impairment rating(s) will be paid weekly.
Usually, the insurance company will gladly pay you the entire amount in a lump sum, but you will have to agree to sign off and settle your case. This means if the day after your settlement is approved, you are fired, you are very likely out of luck. Before even considering a settlement in your case, you should at least speak with an experienced Iowa work comp attorney.
What about my pain and suffering?
There is no pain and suffering or loss of quality of life damages available in the Iowa workers' compensation system.
Contacting a Work Injury Lawyer in Iowa
If this all sounds a bit complicated, that is because it is. Unfortunately, insurance companies have a great deal of power over the current Iowa legislature and governor, such that in 2017, they changed our work injury laws to the benefit of employers and insurance companies.
Thankfully, we have been among the leaders challenging these bad laws and know how to get you the fairest compensation that we can under the new laws. If you would like someone on your side to look out for your best interests, then contact us by text, phone, live chat, and one of our experienced Iowa workers' compensation attorneys will communicate with you at no cost, and your information will remain confidential. Also, if we do not think that we can help obtain additional compensation, we will tell you that as well.
If you are not ready for help but would like more information, then request our book entitled “Iowa Workers’ Compensation- An Insider’s Guide to Work Injuries”, which includes the Injured Workers Bill of Rights and 7 Myths about Iowa Work Injuries. We offer our book to you at no cost or risk because we have had too many injured Iowa workers contact us after they made a costly mistake, and we would like you to learn how to avoid making a mistake yourself.
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