Harlan Workers Compensation Attorneys

Navigating legal complexities following a workplace injury can be challenging. Our workers' compensation attorneys are here to assist. With unwavering dedication and specialized expertise, our team stands up for injured workers' rights. We work meticulously to ensure fair treatment and deserved compensation, allowing you to focus on your recovery.

Workers’ compensation benefits are available to employees in Harlan who become ill or injured during the scope of their employment. In some cases, the injury or illness prevents the employee from working entirely. However, there are many instances where an employee can return to work with modifications to their job duties or workplace.

Light Duty for Employees on Workers’ Compensation

One option for returning to work is light duty. Instead of performing the same job tasks as before the injury or illness, the employer provides duties that align with the doctor's restrictions indicated on the employee’s work status report. For example, if an employee’s regular job involves heavy lifting on a loading dock, but the doctor restricts lifting to no more than 10 pounds, the employer may assign the employee to office duties that do not require strenuous lifting.

It is common for an employer to offer a hurt worker an alternate job when they return to work rather than their old job back. Usually, the new job is a temporary position because it is not feasible for most employers to hold the exact same position open while the employee heals.

Examples of light duty jobs an employee might be assigned include:
- Inspections
- Inventorying supplies, parts, tools
- Replenishing supplies
- Light assembly work
- Sorting/delivering mail
- Answering/making phone calls
- Ordering supplies
- Labeling/wrapping/shipping items
- Training new employees

Another option for work restrictions is a reduced workload. This might involve performing fewer tasks than usual or working fewer hours, such as leaving earlier in the day or working only a few days per week.

Determining Work Restrictions

The decision for work restrictions comes from the treating physician, not the employee. The doctor completes a work status report at each appointment, which the employee must submit to their supervisor within one business day. This allows the employer time to comply with the restrictions.

Employees must accept any light duty tasks or reduced workload from the employer. Refusing these tasks could lead to termination of workers’ compensation benefits. If there is a disagreement about the job duties, such as the employer not providing work that fits the doctor’s guidelines, employees should document the disagreement. Under Iowa law, an employer cannot require an employee to perform work against the doctor's advice.

If an employer does not have light duty work available, the employee is entitled to receive temporary total disability benefits. However, most employers can find suitable work for an employee. They cannot fire an employee for needing these options, though termination might be justified if the employee refuses to accept light duty work.

Work Restrictions and Temporary Partial Disability Benefits

If accommodations cannot be made, the employee can receive temporary total disability benefits until they return to work or are medically capable of returning to similar employment. If working with restrictions, temporary partial disability benefits are available, typically amounting to just under 67 percent of the difference between average gross weekly earnings at the time of injury and the actual earnings while temporarily working at a job that pays less.

Help! Collections Agencies are Coming after Me for Work Injury Bills

It is not uncommon for medical bills related to work injuries to be turned over to collection agencies in Iowa workers' compensation cases. If you have a petition pending before the Iowa Workers Compensation agency, under Iowa Code § 85.27, no health care provider can initiate any collection action against an employee while the case is pending. You or your attorney should send a letter and a copy of the filed petition to prevent further collection actions.

Ignoring collection letters and calls is not advisable, as failure to timely submit bills could result in personal responsibility for medical bills that should be covered by the employer's workers' compensation insurance. Generally, a petition must be filed within two years from the date of injury (unless timely TTD or PPD benefits have been paid) to avoid being stuck with medical bills.

Whether you have a pending petition or not, request an itemized copy of the bill and send it to the insurance adjuster, asking for prompt payment. Additionally, contact the medical provider or collection agency to ensure they have the correct contact information and claim number for the insurance adjuster. This often resolves the issue but requires proactive effort.

What to Expect After Settlement in an Iowa Workers Compensation Case

Understanding what happens after a workers' compensation case settlement can be confusing. After sustaining a serious work injury, you may receive a letter and checks for your permanent partial disability based on your functional impairment rating. This payment is a requirement to avoid penalties, not a settlement.

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. If you receive a check from the insurance company without having agreed to a settlement or signed paperwork, you can cash the check without agreeing that it is a settlement or all that you are owed.

If the insurance adjuster offers a settlement over the phone, always request the offer in writing and consult with an experienced Iowa workers' compensation attorney before agreeing. It is challenging, if not impossible, to undo a written settlement.

Types of Settlements in Iowa Workers Compensation Cases

- Agreement for Settlement: Parties agree on a certain percentage of disability and a set number of weeks at an agreed weekly rate. Some money may be paid in a lump sum, with some benefits paid weekly. Medical benefits remain open, and the injured worker has three years from the last check to bring a review-reopening action.

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

- Compromise Settlement: Typically used when the injured worker is no longer with the employer. Past, present, and future medical and weekly benefits are paid in a lump sum. If on Social Security Disability, proper language in the settlement documents can avoid or reduce the Social Security offset.

After signing settlement paperwork and receiving approval from the Iowa Workers Compensation agency, you should receive a settlement check within 7 to 14 business days. The check usually takes 10 banking days to clear before funds are available for withdrawal.

Getting Legal Assistance In Harlan

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 Harlan 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.