Clarinda Workers Compensation Attorneys

Facing legal obstacles following a workplace injury can be overwhelming. Our workers' compensation attorneys are here to guide you. With relentless dedication and expert knowledge, our team is committed to advocating for injured workers' rights. We ensure fair treatment and proper compensation, so you can concentrate on getting better.

Navigating the complexities of Iowa workers' compensation can be challenging, especially after a settlement, when changing jobs, or when seeking specific medical treatments. Here’s a comprehensive guide to help injured workers understand what to expect in these situations.

After Settlement in an Iowa Workers' Compensation Case

One of the most confusing aspects for injured workers is understanding what happens after they receive payments related to their permanent partial disability. It's important to distinguish between routine payments and formal settlements.

Receiving Payments vs. Settlements

Often, injured workers receive a letter and checks for their permanent partial disability based on their functional impairment rating. These payments are mandatory for the insurance company to avoid penalties and do not necessarily indicate a settlement. If you receive such checks without having agreed to a settlement or signed paperwork, you can usually cash them without it being considered a final settlement.

Formal Settlement Process

To formally settle a workers' compensation case in Iowa, you must:
1. Sign settlement paperwork.
2. Submit the paperwork to the Iowa Workers' Compensation agency for approval.
3. Have the settlement approved by the agency.

It is wise to consult with an experienced Iowa workers' compensation attorney before accepting any settlement offers. They can review your case at no cost and help ensure you are not taken advantage of by the insurance company. Once you formally settle your case, reversing the settlement is nearly impossible.

Types of Settlements in Iowa Workers' Compensation Cases

There are several types of settlements in Iowa, each with its implications:

Agreement for Settlement

- Details: Parties agree on a certain percentage of disability and a set number of weeks of compensation at an agreed-upon weekly rate.
- Payment: Some or all benefits may be paid as a lump sum or weekly.
- Advantages: Medical benefits remain open, and the worker has three years to request a review-reopening if the medical condition worsens or if they lose their job due to the injury.

Agreement for Settlement with Full Commutation

- Details: Similar to an agreement for settlement but involves a lump-sum payment.
- Disadvantages: The worker loses medical benefits and the right to review-reopen the case.

Compromise Settlement

- Details: Typically used when the worker is no longer employed by the employer. It covers past compensation, future medical, and weekly benefits in a lump sum.
- Usage: Can be beneficial for those on Social Security Disability if the settlement documents include the proper language to avoid or reduce the Social Security offset.

What to Expect After Signing Settlement Paperwork

Once your settlement is approved, expect to receive your settlement check within 7 to 14 business days. The check must clear your bank, which usually takes around 10 banking days before you can access the funds.

Impact of Changing Jobs on Your Workers' Compensation Case

If you decide to switch jobs while your workers' compensation case is ongoing, it can complicate your situation. Here are key points to consider:

Medical Care and Treatment

- Lifetime Coverage: Iowa law technically provides lifetime medical care for work injuries. However, the insurance company may deny further treatment by claiming new problems are not related to the original injury.
- Changing Jobs: If you switch jobs before reaching maximum medical improvement (MMI) and receiving permanent work restrictions, the insurance company might deny further medical care, forcing you to file a new claim against your new employer.

Industrial Disability Analysis

- Compensation Differences: Scheduled member injuries (e.g., hands, feet) and industrial injuries (e.g., back, neck) are compensated differently. If you are still with the same employer making the same or more money, compensation is limited to the functional impairment rating.
- Legal Changes: 2017 law changes allow employers to limit compensation based on the functional impairment rating if the worker remains employed at the same job with the same or higher pay.

Potential Higher Settlement

- Negotiations: Your employer may prefer you to find another job and might offer a higher settlement if you agree to leave. This often involves closing your file, including medical benefits and the right to review-reopen your case.
- Attorney Consultation: Before making such decisions, consult with a qualified attorney to handle the transition properly.

Quitting or Retiring

- Quitting: Quitting your job during your treatment can result in losing TTD (temporary total disability) benefits. Filing for unemployment can also be difficult if you quit voluntarily.
- Retirement: Retiring during an ongoing workers' compensation claim can significantly reduce your compensation. Avoid discussing retirement plans until your claim is resolved.

Workers' Compensation Benefits and Epidural Injections for Back Pain

Workers who suffer back problems from heavy lifting may require epidural injections. These injections should be covered by workers' compensation, and any disputes can be appealed to the Iowa Workers' Compensation Commissioner (IWCC).

Epidural Injections

- Procedure: A needle is inserted into the epidural space to inject corticosteroids, reducing spinal swelling and alleviating pain.
- Conditions Treated: Disc herniations, spinal stenosis, and spondylolysis.
- Complications: Bleeding, infection, nerve damage, and dural punctures.

Disputes and Industrial Disability

- Insurance Denial: If an insurance company denies the need for epidural injections, workers can appeal for alternative medical treatment.
- Permanent Disability: If the condition leads to permanent disability, it is classified as an industrial disability. The number of weeks for PPD benefits is influenced by various factors, including the injury's severity, restrictions, skills, education, and work experience.

Getting Legal Assistance In Clarinda

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 Clarinda 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.