Guttenberg Workers Compensation Attorneys

Facing legal challenges after a workplace injury can be daunting. Our workers' compensation attorneys are here to guide you. With steadfast dedication and expert skills, our team is committed to advocating for the rights of injured workers. We ensure you receive fair treatment and rightful compensation, allowing you to focus on getting better.

What to Expect After Settlement in an Iowa Workers Compensation Case

Navigating the complexities of a workers' compensation case in Iowa can be challenging, especially post-settlement. Understanding the nuances of your settlement and the benefits you are entitled to is crucial. This article aims to clarify what happens after a settlement in an Iowa workers' compensation case, the types of settlements available, and the lifetime medical benefits you may be entitled to.

Settlement in Iowa Workers Compensation Cases

Many injured workers believe that receiving a check for their permanent partial disability, based on their functional impairment rating, signifies a settlement. However, this is not the case. This payment is merely a requirement for the insurance company to avoid penalties. If you receive a check and have not agreed to or signed any settlement paperwork, you can cash the check without it being considered a settlement or the total amount you are owed.

Formal Settlement Process

The only way to formally settle a workers' compensation case in Iowa is to sign settlement paperwork, submit it to the agency for approval, and have the settlement approved by the agency. Be cautious when speaking with insurance adjusters, as verbal agreements can sometimes be enforced against you. Always request the offer in writing and consult with an experienced Iowa workers' compensation attorney to ensure your rights are protected.

Types of Settlements

1. Agreement for Settlement:
   - The injured worker is paid a set number of weeks at an agreed-upon weekly rate based on the percentage of disability.
   - Payments can be made in a lump sum or weekly.
   - Medical benefits remain open, and the injured worker has three years from the date of the last check to bring a review-reopening action if their condition worsens.

2. Agreement for Settlement with Full Commutation:
   - Similar to the Agreement for Settlement, but in exchange for a lump-sum payment, medical benefits and the right to review-reopen are forfeited.

3. Compromise Settlement:
   - Typically used when the injured worker is no longer employed by the employer.
   - A lump-sum payment closes all past and future medical and weekly benefits.
   - Proper language in the settlement documents can help avoid or reduce Social Security offsets if the worker is on Social Security Disability.

Post-Settlement Expectations

Once your settlement is approved by the Iowa Workers Compensation agency, you should receive your settlement check within 7 to 14 business days. The check must clear your bank, usually taking about 10 business days, before the funds are available.

Lifetime Medical Benefits Under Workers' Compensation

Iowa's workers' compensation law provides a variety of benefits, including lifetime medical benefits for those injured at work.

Eligibility for Medical Benefits

Under Iowa law (statute 85.27), most workers injured on the job are entitled to medical treatment paid for by their employer or the employer's workers' compensation insurer. Exceptions include employees who earned less than $1,500 from their employer in the year prior to the accident, agricultural employees with a payroll of less than $2,500 cash in the prior year, and relatives of the employer.

Covered Medical Expenses

Workers' compensation covers various medical expenses, including:
- Transportation costs for medical purposes.
- Lost wages for doctors' visits during working hours.
- Medical procedures, medications, and related costs.

Understanding "Lifetime" Medical Benefits

Disability benefits under workers' compensation are available for a specified time, except for Permanent Total Disability (PTD) benefits, which are available for life. Medical benefits are provided as long as necessary to treat the injury, potentially up to a lifetime. It's essential to follow all doctor's orders related to work injuries.

Choice of Medical Care

Employers have the right to choose the medical care providers under workers' compensation laws. If dissatisfied with the care, employees can request different care, and if denied, they can appeal to the Workers' Compensation Commissioner. Additionally, employees can seek an independent medical examination if they dispute the disability level determined by the physician, with the employer bearing the cost.

Drunk Driving Statistics in Iowa and the United States

Although unrelated to workers' compensation, it's important to be aware of the impact of drunk driving in Iowa and nationwide.

Prevalence and Impact

- In 2012, Iowa had 10,845 DUI arrests, including 134 minors.
- Nationwide, there were 987,224 DUI arrests.
- A CDC report estimated that U.S. adults drove under the influence approximately 112 million times in 2010.

Accident Statistics

- In 2012, 25% of Iowa's driving fatalities were alcohol-impaired, with 92 deaths.
- Nationally, 10,322 people died in drunk driving accidents in 2012, accounting for 31% of all traffic fatalities.

Demographics and Legal Options

- Drivers aged 21-24 had the highest percentage of fatal crashes with a BAC of .08 or higher.
- Men were more frequently involved in fatal crashes with a BAC of .08 or higher compared to women.
- Motorcyclists, passenger car drivers, and light truck drivers also had significant percentages of BAC-related fatal crashes.

Victims of drunk driving accidents can file personal injury cases against the driver to recover damages, needing to prove the driver's negligence and its role in causing the accident and injuries.

By understanding the settlement process and benefits of Iowa workers' compensation, injured workers can make informed decisions and protect their rights effectively.

Getting Legal Assistance In Guttenberg

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 Guttenberg 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.