Hampton Workers Compensation Attorneys

Facing legal challenges following a workplace injury can be intimidating. Our workers' compensation attorneys are here to assist. With steadfast dedication and expertise, our team stands up for the rights of injured workers. We work meticulously to secure fair treatment and rightful compensation, allowing you to focus on your recovery.

What Happens to My Workers' Compensation Case If I Switch Jobs?

Switching jobs while undergoing treatment for a work injury can keep your Iowa workers' compensation case open but may introduce complications. A major concern is that if you encounter new problems at your new job, the workers' compensation insurance company might attribute these issues to your new employment, potentially denying further medical care and treatment. This situation might force you to file a new claim against your new employer, creating a complex scenario.

While it is legally permissible to change jobs during a workers' compensation case, it is often advisable to wait. Here are key considerations if you are thinking about leaving your current employment where you sustained an injury, especially in light of changes made to Iowa's workers' compensation laws in 2017, which are generally unfavorable to injured workers.

1. Medical Care and Treatment

Iowa law promises lifetime medical care and treatment for work injuries. However, this provision is not as advantageous as it sounds. The insurance company can easily obtain an opinion from another doctor, who might not even examine you, stating that your current issues are unrelated to the original injury, thus providing a legal basis to deny further medical care. This is particularly likely if you switch jobs while still receiving treatment for your injuries.

2. Industrial Disability Analysis

Compensation differs between scheduled member injuries (like hands, feet, arms, legs, and eyes) and industrial injuries (such as back, neck, brain, CRPS, and mental injuries following a physical injury). A significant 2017 change mandates that if an injured worker is working for the same employer, earning the same or more money, they are limited to the functional impairment rating as per AMA Guides.

A notable decision in Martinez v. Pavlich (2020) highlights that if an injured worker’s employment ends with the employer where they were injured, they may be entitled to an industrial disability analysis, provided it is a body-as-a-whole injury. However, this approach can sometimes result in a lower compensation than the functional impairment rating.

Before deciding to leave your job voluntarily, consulting with a qualified Iowa workers' compensation attorney is essential to navigate this transition correctly.

3. Potential Higher Settlement

If your work injuries lead to permanent work restrictions, your employer may prefer you to find another job. Settling your case, often with a global release and mutual separation from employment, might yield a higher settlement. Employers and insurance companies might pay more if you agree to leave your job as part of the settlement. This usually requires closing your file, including medical benefits and the right to reopen your case.

4. Quitting Your Job

Quitting your job during your workers' compensation treatment is generally detrimental. If you are receiving temporary total disability (TTD) benefits, these will likely cease. Filing for unemployment may also be challenging since you must be ready, willing, and able to work. Recent legislation has reduced unemployment benefits duration and requires accepting lower-paying jobs sooner.

5. Retiring or Discussing Retirement

The 2017 law changes also target retirement. If you retire while your workers' compensation case is pending, you might forfeit significant compensation. Employers can use your retirement as a primary factor in determining your compensation for an industrial disability work injury. Avoid discussing retirement plans until your workers' comp claim is resolved.

Is There Iowa Workers' Compensation for Volunteers?

Iowa law generally covers employees under workers' compensation but includes exceptions for certain volunteers. Iowa Code §85.36(9)(a) provides compensation for volunteer firefighters, emergency personnel, reserve police officers, ambulance drivers, and other volunteer medical personnel. These volunteers receive benefits similar to regular employees, based on either their regular job wages or 140% of the statewide average weekly wage, whichever is higher.

Other Volunteer Jobs

Some other volunteer roles might also qualify for workers' compensation, depending on the circumstances. For example, students in work-study programs, elected officials, and inmates working at public or charitable facilities are usually considered employees. However, wage laws for these volunteers differ from those for medical personnel.

When Should I Hire a Workers' Compensation Attorney?

Not every work injury necessitates hiring a lawyer. You might not need an attorney if:

1. You are hurt but do not miss work, your medical bills are paid, and you recover fully.
2. You miss a few weeks of work, your medical bills are paid, and you return to your job fully recovered.

However, you should consider hiring an experienced Iowa workers' compensation lawyer in situations such as:

1. Serious injuries requiring surgery, time off work, and resulting in permanent issues or restrictions.
2. Being fired after a work injury.
3. Your employer cannot accommodate permanent work restrictions, leading to job loss.
4. Injuries caused by a third party, involving complex legal claims.
5. Disagreement with a functional impairment rating.

If the insurance company is delaying or denying medical care, or if you suspect your rights are being violated, contacting a workers' compensation attorney is crucial. An attorney can protect your rights and help you secure appropriate compensation.

Getting Legal Assistance In Hampton

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 Hampton 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.