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Navigating legal complexities after a workplace injury can be challenging. Our workers' compensation attorneys are here to help. With unwavering dedication and specialized expertise, our team stands up for injured workers' rights. We work meticulously to ensure fair treatment and proper compensation, allowing you to focus on recovery
Navigating Workers' Compensation and Light Duty Work in Iowa
Workers' compensation benefits are crucial for employees injured on the job, offering financial support and medical care. However, the path to recovery and returning to work can be complicated, particularly when it involves light duty work. This article combines insights on what to do when there is no light duty work available, time limitations to file a claim, and an overview of light duty or reduced workload after a workers' comp claim in Iowa.
What to Do When There Is No Light Duty Work Available
After a workplace injury, many employees are eager to return to work, even if only in a limited capacity. However, sometimes an employer may not have suitable light duty work available that meets the employee's medical restrictions. Here’s what to consider in such situations:
1. Assess Employer's Ability to Provide Work: Determine if the employer genuinely lacks suitable work or is being unreasonable.
2. Temporary Total Disability Benefits: If no appropriate light duty work is available, employees may receive temporary total disability benefits until they can return to their previous job or light duty work becomes available.
3. Legal Assistance: If an employer refuses to provide available light duty work, seeking help from an attorney may be necessary.
Tips to Stay Proactive in Getting Back to Work
Returning to work after an injury with restrictions requires proactive steps:
- Maintain Open Communication: Keep in regular contact with your employer.
- Medical Appointments: Attend all scheduled doctor’s appointments and provide updates to your employer.
- Rehabilitation Counselor: Work with a rehabilitation counselor to find suitable work solutions.
When placed on light duty or a reduced workload, workers may still receive benefits if the new job pays less than their previous position. These benefits will be two-thirds of the difference between their pre-injury wages and current earnings.
Time Limitations to File an Iowa Workers' Compensation Claim
Understanding the time constraints for filing a workers' compensation claim in Iowa is crucial to ensuring you receive your benefits:
1. Reporting Your Injury: Report your injury to your employer within 90 days, as required by Iowa Code Section 85.23. This should be done as soon as you realize or should have realized the injury was work-related.
2. Filing a Petition: Generally, you must file a petition within two years of the injury date, as outlined in Iowa Code Section 85.26. If you've received weekly benefits, you might have up to three years from the date of your last benefits check to file.
3. Deadlines After Approval: Post-approval deadlines include filing a claim within two years if you haven't received a check or three years from your last check if you’ve been receiving benefits.
Overview of Light Duty or Reduced Workload After a Workers' Comp Claim
Workers' compensation benefits are designed to support injured workers, even if they can return to work with restrictions. Here's how light duty or reduced workload options work:
1. Light Duty Work: This involves performing modified tasks that meet the doctor's restrictions. For example, an employee who usually works on a loading dock may be reassigned to less strenuous duties.
2. Types of Light Duty Jobs: Possible assignments include inspections, inventory management, light assembly work, mail sorting, phone calls, ordering supplies, and training new employees.
3. Reduced Workload: This could involve performing fewer tasks or working reduced hours.
Determining Work Restrictions
The treating physician determines if an employee needs work restrictions through a work status report completed at each appointment. It is the employee’s responsibility to submit this report to their supervisor within one business day to allow the employer to comply with the restrictions.
Accepting Light Duty Work
Employees must accept any light duty tasks or reduced workloads offered by the employer. Refusal can lead to termination of workers’ compensation benefits. If there’s a disagreement about job duties that do not align with medical restrictions, workers should document the issue. Under Iowa law, an employer cannot force an employee to perform work that contradicts a doctor's recommendations.
Work Restrictions and Temporary Partial Disability Benefits
If accommodations for light duty cannot be made, the employee is entitled to temporary total disability benefits. If working with restrictions, temporary partial disability benefits are available. These benefits amount to just under 67% of the difference between the employee’s pre-injury average gross weekly earnings and their current earnings in a lower-paying job.
Getting Legal Assistance In Belle Plaine
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 Belle Plaine 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.