Forest City Workers Compensation Attorneys

The legal landscape after a workplace injury can feel overwhelming. Our workers' compensation attorneys are here to support you. With relentless dedication and expert skills, our team fights for the rights of injured workers. We work diligently to secure fair treatment and proper compensation, allowing you to focus on your recovery.

Do I Get Pain and Suffering in Workers' Compensation in Iowa?

The general answer to whether you receive compensation for pain and suffering in Iowa workers' compensation is "no." However, workers injured on the job may require treatment for physical pain, including prescription medications, over-the-counter medications, surgery, physical therapy, and rehabilitation. Here's how workers' compensation insurance handles pain treatment and what you should know about it.

Why Would You Not Get Pain and Suffering?

The Iowa workers' compensation system generally provides three types of benefits:

1. Medical Care and Treatment: This includes mileage reimbursement to medical providers selected by your employer and/or their insurance company.
2. Weekly Checks: These are provided for the time that doctors say you cannot work or if you return to work and earn less money, up until you reach Maximum Medical Improvement (MMI).
3. Compensation for Permanent Work Injury: This compensation is paid either weekly or in a lump sum, depending on the circumstances, and varies based on the type of injury.

Injuries to the shoulder, back, neck, hip, CRPS, mental injuries like depression and anxiety, and other conditions are considered unscheduled (industrial disability) work injuries. Injuries to the hand, arm, leg, foot, eye, ears (hearing loss), fingers, and toes are considered scheduled member injuries and are treated differently.

There is no direct compensation for pain and suffering in a workers' compensation claim in Iowa. However, depending on how you were injured, there could be other claims available to you where you may recover pain and suffering damages. For example, if you were involved in a car accident while working, you may be able to recover for your pain and suffering against the other driver. Additionally, gross negligence against a co-employee might provide additional compensation for pain and suffering, although it is a high standard to meet.

All Medical Benefits Must Be Paid

Iowa Workers’ Compensation Law Section 85.27 mandates that the employer or their insurer must pay for all “reasonable and necessary medical care” incurred to treat the injury. If pain treatment is deemed reasonable by a medical professional, then the employer's workers' compensation insurance must pay for it. Treatment should continue for as long as a medical professional recommends.

Who Decides What Medical Benefits You Deserve?

In Iowa, your employer has the right to choose your doctor. Workers' compensation must cover pain treatment if that doctor believes it is necessary. If the employer-chosen doctor disagrees, you have the right to request alternative care and can apply to the workers' compensation commissioner if your request is denied.

Denied Pain Treatment? Here’s What to Do

If you are denied pain treatment and are suffering physically, it is important to seek legal assistance. Our attorneys can help advocate for your right to treatment and ensure workers' compensation pays for the necessary care.

Revealing What To Do If You Are Injured While Working For Amazon

Amazon is a major employer with operations in Iowa, including a warehouse in Bondurant and distribution centers in Ankeny, Grimes, and Iowa City. Whether you work in a warehouse or as a delivery driver, knowing what to do if you are injured on the job is crucial.

Notice

Iowa law requires you to notify your employer of your work injury within 90 days of when you knew or should have known about the injury. It is best to report the injury as soon as possible. For example, if you develop back pain from warehouse work, inform your supervisor about the specific work activities causing the pain, request medical care, and fill out a written report of injury.

If your employer ignores your injury report, write a letter or send an email describing how you were injured at work and request medical care. Ensure that your medical providers know your injury is work-related.

Medical Care

If your employer accepts your claim and provides medical care, you must see the doctors they select. Missing appointments can lead to issues, such as not receiving treatment or weekly workers' compensation checks. If your own doctor gives you a work excuse, the workers' compensation insurance might not pay benefits, but you might have other benefits like sick leave or short-term disability.

Failing to attend appointments set by the employer can result in forfeiture of benefits. Often, the employer may send you for an "independent medical examination" to assert that your condition is not work-related, which could impact your benefits.

Permanent Benefits

Permanent injuries from work are common and affect compensation. The type of injury (unscheduled/industrial or scheduled member) determines the compensation amount.

Unscheduled/Industrial Injuries: These include back, neck, spine, brain, nervous system disorders, certain shoulder injuries, and mental health problems caused by a physical injury. Compensation is based on impairment rating, age, education, work history, earnings after the injury, prior earnings, etc., and is multiplied by 500 weeks of benefits.

Scheduled Member Injuries: These include injuries to the hand, arm, leg, eye, or some shoulder injuries. Compensation is limited to the percentage of impairment times the number of weeks for that body part. For instance, a 10% impairment rating to the arm results in 25 weeks of benefits (250 weeks x 10%).

Iowa Second Injury Fund: This fund compensates workers who have sustained two scheduled member injuries, even if the first injury was not work-related. The fund is based on the loss of earning capacity multiplied by 500 weeks.

How Long Can You Be Out On Workers' Comp?

Iowa does not have a set limit on how long you can receive workers' compensation benefits while recovering from work injuries, unlike some states with 12, 18, or 24-month limits. You can receive weekly TTD (temporary total disability) benefits as long as you are receiving medical care that improves your condition and have not reached MMI.

Is Your Job Protected While You Are on Workers' Comp?

Not necessarily. If you qualify for FMLA (Family Medical Leave Act), your employer can run your FMLA time concurrently with your workers' comp leave, generally up to 12 weeks. After 12 weeks, your employer may terminate you. Other protections might exist under state and federal laws such as the ADA (Americans with Disabilities Act) or through your union.

What If You Are Fired After Completing Medical Care?

If you are fired during or after your medical care, it is crucial to speak with a qualified work injury attorney to protect your rights and seek appropriate compensation.

Should You File for Unemployment?

If you have been fired and are no longer receiving TTD benefits, filing for unemployment might be in your best interest. You cannot receive TTD and unemployment simultaneously. To qualify for unemployment, you must be ready, willing, and able to work. If you have missed three or more quarters due to receiving TTD, the unemployment office should adjust your work credits accordingly.

If denied unemployment, promptly contact a work comp attorney for assistance.

Should You Apply for Social Security Disability (SSDI)?

It depends on your age, the severity of your injuries, and whether you have conducted a valid job search. Filing for SSDI too soon can reduce the value of your case, as it may indicate a lack of motivation. The SSDI process can take several years, and it is generally more difficult to obtain SSDI if you are under 55. Before deciding, consider doing a valid job search and consulting with a workers' compensation attorney.

Getting Legal Assistance In Forest City

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 Forest City 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.