Kent Estates Workers Compensation Attorneys

The legal landscape following a workplace injury can feel overwhelming. Our workers' compensation attorneys are here to assist. 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 recovery.

Navigating Work Injuries and Workers' Compensation in Iowa

When you suffer a work-related injury in Iowa, your immediate concern is getting proper medical care. While you technically have the right to see your own doctor, Iowa Workers' Compensation rules significantly limit this freedom. Employers and their insurance carriers generally only cover medical treatments authorized by them, usually through doctors they select. Consulting your company representative before seeking treatment from a non-approved doctor is crucial. Using your health insurance for a work injury may also be problematic, as it could be rejected since Workers' Compensation should cover these expenses.

Receiving Medical Help After a Work Injury

Under Iowa law, your employer has the right to choose your medical care. If you’re dissatisfied with the care provided, you should discuss your concerns with your employer. In certain situations, you can request alternative care, but such requests may be denied, requiring an appeal to the Workers' Compensation Commissioner. If you believe your impairment rating is too low, you can see another doctor at your employer’s expense, though this doctor is also chosen by the employer.

What to Do If You're Dissatisfied With the Employer’s Doctor

If the medical care from the employer’s chosen doctor is unsatisfactory, you might need to file a petition for alternate medical care. This legal process requires a judge’s approval for you to see a doctor of your choice while still having the costs covered by Workers' Compensation. Given the complexity of this process, consulting a qualified Workers' Compensation attorney is advisable.

Refusing Recommended Medical Care

You have the right to refuse recommended medical treatments, such as surgeries. For example, if a company doctor suggests a hip replacement and you decline, you maintain this right. However, refusing treatment can negatively impact your Workers' Compensation claim, making it essential to discuss your options with an experienced attorney before making a decision.

Can You Be Fired While on Light Duty?

Iowa follows an “at-will” employment doctrine, meaning you can be terminated for any reason or no reason, unless you have a written contract or union protections. If fired while on light duty, it could significantly affect your Workers' Compensation case. For instance, if you are terminated “for cause,” you may be denied temporary total disability (TTD) benefits. Legal assistance can help navigate these challenges, ensuring you receive the benefits you’re entitled to and exploring options like unemployment claims and wrongful termination actions.

Tips for Your Workers’ Compensation Claim

Do Not Leave Your Job Voluntarily

It’s crucial not to quit your job while a Workers' Compensation claim is pending, as this can reduce your case's value and affect your eligibility for unemployment benefits. If your employer wants you to leave, make them fire you, which can support your claims for benefits.

Filing for Unemployment

Avoid filing for unemployment immediately if your TTD request is denied, as you cannot receive both TTD and unemployment benefits simultaneously. With proper legal guidance, you can eventually qualify for both unemployment and permanent partial disability (PPD) benefits, increasing your overall compensation.

Fired for Filing a Workers' Compensation Claim

In Iowa, you can legally be fired for filing a Workers' Compensation claim, though this could give rise to a wrongful discharge claim if retaliation is the motive. Since Iowa is an at-will employment state, an employer doesn’t need to provide a reason for termination. However, retaliatory actions such as poor performance reviews or unjust termination for filing a claim are illegal.

Workers’ Rights Under Workers’ Compensation

Workers' Compensation laws in Iowa ensure medical and disability benefits for employees injured on the job. These laws form a contract where employees forego civil action against employers in exchange for guaranteed benefits. Most workers are covered, and retaliatory actions by employers against employees filing claims are prohibited by law.

Employer Retaliation and At-Will Employment

Retaliation can include demotions, negative reviews, or termination. While employers might mask the true reason for termination, legal recourse is available if you suspect retaliation. Consulting an attorney promptly is crucial due to short time limits for filing complaints.

Getting Legal Assistance In Kent Estates

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 Kent Estates 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.