Chariton Workers Compensation Attorneys

Legal obstacles after a workplace injury can be daunting. Our workers' compensation attorneys are here to help. With unwavering dedication and specialized knowledge, our team is devoted to advocating for injured workers' rights. We ensure fair treatment and deserved compensation, so you can concentrate on healing.

Reaching MMI: What Options Are Best For You?

When you reach Maximum Medical Improvement (MMI), it means your medical condition is unlikely to improve significantly. Doctors, nurse case managers, and insurance adjusters may declare you at MMI, but you still have options. You can seek additional medical care on your own, though this will usually be at your expense unless you secure alternative medical care through a specific process detailed in our workers' compensation guide, available at no cost.

Seeking a Second Opinion

Under Iowa Code Section 85.39, you are entitled to a second opinion, known as an Independent Medical Examination (IME), after the insurance company's doctor evaluates you and provides a permanent impairment rating. The insurance company must cover the cost of the examination, including your mileage and any missed work time. Choosing the right IME doctor is crucial, as some are more favorable to insurance companies. We can assist in selecting the best IME doctor for your situation based on your injuries and location.

Understanding Your Iowa Work Injury Case Value

Knowing how your workers' compensation checks are calculated is essential for understanding the value of your case. Several factors determine your compensation, including the type of injury, eligibility for the Second Injury Fund, and whether you have permanent restrictions.

Types of Injuries and Their Impact on Compensation

Injuries are categorized into scheduled member injuries (arms, hands, fingers, legs, feet, toes, ears, eyes) and injuries to the body as a whole (back, neck, brain, shoulder, nervous system, tinnitus, skin). Compensation for scheduled member injuries is based on a percentage of 250 weeks, while compensation for body as a whole injuries is based on a percentage of 500 weeks.

Factors Influencing Compensation:

- Ability to work
- Permanent restrictions
- Education
- Age
- Whether surgery was performed
- Permanent impairment rating
- Other relevant factors

For example, a 10% impairment rating for a shoulder injury would translate to a 6% body as a whole rating, generally resulting in 30 weeks of permanent benefits (500 weeks x 6%). However, other factors, such as the inability to return to previous work, can significantly increase the compensation amount.

Scheduled member injuries have different compensation rules. For instance, a 10% permanent impairment to an arm results in 25 weeks of benefits (250 weeks x 10%). Exceptions exist, such as eligibility for the Second Injury Fund, which can reclassify compensation to a body as a whole injury.

Time Limitations for Filing an Iowa Workers' Compensation Claim

Understanding and adhering to the deadlines for reporting and filing workers' compensation claims is crucial to ensure you receive your benefits.

Reporting Your Injury

You must report your injury to your employer within 90 days of realizing the injury was work-related, as stipulated by Iowa Code Section 85.23. Immediate reporting is recommended, especially for traumatic injuries, to strengthen your claim.

Filing a Petition

Under Iowa Code Section 85.26, you generally have 2 years from the injury date to file a petition. If you fail to meet this deadline, your case may be dismissed, and you could lose your compensation rights. However, if you have received weekly benefits, the filing period may extend up to 3 years from the date of your last benefits check. Consulting a knowledgeable workers' compensation attorney within the two-year timeframe is advised to explore potential exceptions.

Post-Approval Deadlines

After claim approval, additional deadlines apply. If entitled to disability benefits but not receiving checks, you must file a claim within 2 years of the injury date. If you have been receiving regular benefits, you have 3 years from the last benefit check to file a claim. Missing these deadlines can result in benefit denial, emphasizing the need for meticulous record-keeping and staying informed about your case status.

When to Hire a Workers' Compensation Attorney

Not all work injuries require hiring a lawyer, but certain situations necessitate professional legal help to protect your rights and ensure proper compensation.

Situations to Consider Hiring an Attorney:

- Serious injuries requiring surgery, significant time off, or resulting in permanent problems/restrictions.
- Termination following a work injury.
- Permanent restrictions that your employer cannot accommodate.
- Injuries caused by a third party, involving complex claims.
- Disagreement with the assigned permanent impairment rating.

If the insurance company delays or denies medical care, or if you believe your rights are being violated, it is crucial to contact an experienced workers' compensation attorney. They can safeguard your rights and help you navigate the complexities of your case. 

Getting Legal Assistance In Chariton

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 Chariton 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.