Brooklyn Workers Compensation Attorneys

Navigating legal hurdles following a workplace injury can be intimidating. Our workers' compensation attorneys are here to support you. With steadfast dedication and expert skills, our team fights for injured workers' rights. We work meticulously to secure fair treatment and rightful compensation, letting you concentrate on getting better.

Iowa’s Workers' Compensation Law

Since 1913, Iowa has recognized the needs of its injured workers through robust workers' compensation laws. Every employer must obtain workers' compensation insurance or be approved as a self-insurer to cover their workers. Despite these protections, workers may not always be fully informed about their rights. If you're injured in a work accident or suffer from an occupational disease caused by your job, Iowa law grants you ten basic rights. Here, we outline the first four essential rights and provide insight into compensation for specific injuries like annular tears, as well as critical timelines for filing claims.

1. Payment of Medical Care Including Mileage

Medical Expenses: Employers and their insurance companies must provide and pay for your medical care and treatment, including all treatment options they offer. If your work injury claim is denied, they lose control over your medical treatment. If the injury is later determined to be work-related, they must cover the costs. There are also limited circumstances where you can seek medical care from an unapproved provider and still have those expenses paid by the employer.

Mileage Expenses: You are entitled to reimbursement at a rate of $0.545 per mile (as of July 1, 2018) for mileage incurred traveling to and from medical appointments, physical therapy, etc.

2. Money for Permanent Disability

If your work injury or occupational disease results in a permanent disability, also known as a permanent impairment rating or functional impairment rating, you are entitled to compensation. The benefits amount depends on the body part(s) involved, the nature and extent of your disability, and your average weekly earnings before the injury. Even without an impairment rating, permanent restrictions due to your injury may entitle you to additional compensation.

3. Right to Refuse Medical Care

You have the right to refuse any medical procedures or care you do not want. For example, if the company doctor recommends surgery, you are not obligated to undergo it. However, refusing recommended procedures might impact your case.

4. Weekly Benefit Checks While You Recover and Cannot Work

While you are healing and unable to work, you will receive weekly benefit checks to replace your usual earnings. This applies to periods when you are completely unable to work (Temporary Total Disability - TTD) and when you return to work but work less than 40 hours per week (Temporary Partial Disability - TPD). Your weekly benefit amount, or "rate," is based on your average earnings prior to the injury (Average Weekly Wage - AWW). 

Your weekly rate considers your marital status, number of exemptions, and AWW multiplied by 80% of your spendable weekly earnings. There are minimum and maximum rates for permanent disability benefits based on the statewide average weekly wage. It is crucial to verify you are paid the correct rate, as miscalculations can result in significant underpayments.

Compensation for Annular Tears

Annular tears are injuries to the intervertebral discs of the neck and back. These tears or rips in the disc's exterior can result from general aging, daily activities, or trauma, such as overuse at work or sudden accidents. Annular tears can cause significant pain and discomfort.

Types of Annular Tears and Their Causes

- Concentric Tears: Typically caused by injury, these tears appear between the annulus fibrosus layers circumferentially.
- Rim Lesion: Often caused by injury and bone spurs, rim lesions occur in the outer layers of the discs.
- Radial Tears: Attributed to aging, radial tears begin in the disc's center and extend outward. They can result from repetitive work-related activities.

Determining Work-Related Annular Tears

Proving that your annular tear is work-related rather than age-related is essential for workers' compensation. Discuss your symptoms and work activities with your doctor to establish this connection. The Iowa Administrative Code defines an injury for compensation purposes as “any health impairment other than the normal building up and tearing down of body tissues.”

Eligibility for Workers' Compensation Benefits

You must demonstrate that your injury is related to your work duties or environment to qualify for benefits. Additionally, you must be an employee working in Iowa. Contracted proprietors not classified as employees may not be eligible.

Compensation for Annular Tears

Medical Benefits: Workers' compensation should cover your medical care and treatments, including reasonable lost wages for attending treatments and necessary transportation expenses.

Disability Benefits: Injured workers in Iowa are entitled to up to 80% of weekly spendable earnings in disability benefits. The maximum weekly compensation is $1,419.00 for permanent partial disability (PPD) and $1,543.00 for temporary total disability (TTD), temporary partial disability (TPD), or during a healing period (HP). Death benefits are also capped at $1,543.00 per week.

Time Limitations to File a Workers' Compensation Claim in Iowa

You must report your injury to your employer within 90 days of realizing or should have realized that it was work-related, as per Iowa Code Section 85.23. Timely reporting is crucial for initiating the process and avoiding complications.

Filing a Petition

According to Iowa Code Section 85.26, you generally have two years from the date of injury to file a petition. However, if you have received weekly workers' compensation benefits, you may have up to three years from the date of the last benefit check to file. Consult with a workers' compensation attorney within the two-year timeframe to explore exemptions and safeguard your rights.

Deadlines After Approval

Post-approval deadlines include filing a claim with the Iowa Workers' Compensation Commissioner within two years of the injury date if you haven't received a disability benefit check. If receiving regular disability benefits, you have three years from the last benefit check date to file a claim. Keeping detailed records and staying aware of deadlines is essential to avoid benefit denial.

Getting Legal Assistance In Brooklyn

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 Brooklyn 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.