Gilbert Workers Compensation Attorneys

Legal obstacles following a workplace injury can be daunting. Our workers' compensation attorneys are here to guide you. With relentless dedication and specialized knowledge, our team fights for injured workers' rights. We work diligently to secure fair treatment and the compensation you deserve, letting you concentrate on healing.

Understanding Iowa Workers' Compensation and Impairment Ratings

Essential Information for Iowa Workers

If you are injured while working in Iowa, understanding the state's workers' compensation laws and how impairment ratings can impact the benefits you receive is crucial. Here's a detailed breakdown of what you need to know and the steps to take after receiving an impairment rating.

How Impairment Ratings Affect Compensation

When you suffer a work-related injury in Iowa, your impairment rating is a key factor in determining the compensation you will receive. The insurance company typically pays your impairment rating on a weekly basis, although in some cases, a one-time payment might be offered, especially if a settlement has been reached or depending on the specific insurance company.

Steps to Take After Receiving an Impairment Rating

1. Doctor’s Notification: Once you have recovered as much as possible, your doctor will notify the insurance company of any impairment rating assigned to you. If the rating indicates a permanent impairment, you may be eligible for permanent partial disability benefits.

2. Medical Report Transmittal Form: Ensure that a Medical Report Transmittal Form is filled out when submitting medical information to the Iowa Division of Workers’ Compensation. This form is required if you suffer permanent disability and/or your temporary total/partial disability extends beyond 13 weeks.

3. Disagreement with Impairment Rating: If you disagree with the doctor’s impairment rating, you can request an independent medical examination (IME) at the employer’s expense by submitting Form 100A along with the physician’s report to the employer.

Important Points About Impairment Ratings

1. No Signing Needed: You don’t need to sign any papers to receive payment for your impairment rating from the insurance company.
   
2. Understand Your Entitlements: Settling your case prematurely can lead to a significant loss of benefits. Be aware of your full entitlements before agreeing to any settlement.

3. Lump Sum Payments: You may opt for a lump sum payment and accrued interest while retaining the ability to pursue potential future claims.

4. Understand Your Case Type: Before discussing settlement options, determine the type of benefits you should receive. Your case might fall under industrial disability injury or scheduled member injury, which impacts the compensation calculation significantly.

5. Seek Legal Advice: Consult with an attorney to ensure you make informed decisions about your case and fully understand Iowa's workers' compensation laws.

Types of Work Injuries and Compensation

Scheduled Member Injuries vs. Industrial Injuries

Scheduled Member Injuries: These include injuries to the arm, hand, fingers, leg, foot, toes, ears, or eyes. Compensation is based on a percentage of 250 weeks depending on the impairment rating of the body part.

Industrial Injuries: These include injuries to the back, neck, brain, shoulder, nervous system, tinnitus, and skin, considered injuries to the body as a whole. Compensation is based on a percentage of 500 weeks and considers various factors such as the ability to work, permanent restrictions, education, age, surgery, and permanent impairment rating.

Iowa Second Injury Fund Benefits

If you've previously injured another scheduled member, you may be entitled to benefits under the Iowa Second Injury Fund Act, which provides compensation as if you sustained a body as a whole injury.

Common Work-Related Conditions and Claims

Frozen Shoulder

Each year, many Iowans suffer work-related shoulder injuries, some of which develop into frozen shoulder syndrome. This condition causes a significant loss of shoulder motion and is challenging to treat. Treatment options include physical therapy, manipulation under anesthesia, and sometimes surgery.

Bulging Discs

Bulging discs, or herniated discs, can occur from a single workplace accident or repetitive work-related tasks. Symptoms include pain spreading to various parts of the body, weakness, and numbness. Treatment often involves addressing the underlying injury and managing symptoms.

Steps to Take for Workers' Compensation Claims

1. Report Your Injury: Timely reporting of your injury to your employer is vital. Iowa law requires reporting within 90 days of realizing the injury was work-related.

2. File a Petition: Under Iowa Code Section 85.26, you must file a petition within 2 years of the injury date or within 3 years if you've received weekly workers' compensation benefits.

3. Keep Detailed Records: Maintain up-to-date and detailed records of your injury, treatments, and communications related to your workers' compensation claim.

How Long Can You Be Out on Workers' Comp?

Iowa does not have a set limit for receiving workers' comp benefits while recovering from work injuries. As long as you are receiving medical care that improves your condition and have not reached maximum medical improvement (MMI), you can receive temporary total disability (TTD) benefits.

Job Protection and Additional Legal Considerations

FMLA and Job Protection: If you qualify for the Family Medical Leave Act (FMLA), your job may be protected for up to 12 weeks. However, if you miss more than 12 weeks, your employer may terminate your employment unless additional protections apply under other laws or union agreements.

Filing for Unemployment: If you are fired after completing medical care, consider filing for unemployment. Note that you cannot receive TTD and unemployment simultaneously.

Social Security Disability (SSDI): Deciding whether to apply for SSDI depends on factors like age, injury severity, and job search efforts. Filing for SSDI too soon can impact your workers' compensation case value.

Getting Legal Assistance In Gilbert

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 Gilbert 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.