Keokuk Workers Compensation Attorneys

The legal complexities after a workplace injury can feel overwhelming. Our workers' compensation attorneys are here to guide you. With relentless dedication and expert knowledge, our team champions the rights of injured workers. We meticulously work to ensure fair treatment and the compensation you deserve, letting you concentrate on your recovery.

Understanding Pain and Suffering in Iowa Workers' Compensation

Workers in Iowa who are injured on the job often require various treatments to manage their physical pain. These treatments can include prescription medications, over-the-counter medications, surgery, physical therapy, and rehabilitation. However, when it comes to compensation for pain and suffering, Iowa’s workers' compensation system operates differently than many might expect. Here’s a comprehensive look at how pain and suffering are handled within the Iowa workers' compensation framework.

Why Isn't Pain and Suffering Compensated?

In Iowa, workers' compensation is designed to cover specific types of benefits. Generally, the system provides three main types of benefits:

1. Medical Care and Treatment: This includes all necessary medical treatments related to the injury, including mileage reimbursement to medical providers chosen by your employer or their insurance company.
2. Weekly Disability Benefits: If the doctors, selected by your employer, determine that you cannot work at all, or if you return to work at a reduced capacity, you are entitled to weekly disability benefits until you reach Maximum Medical Improvement (MMI).
3. Permanent Disability Benefits: If you sustain a permanent work injury, compensation is paid either weekly or in a lump sum, depending on the injury's specifics. The compensation method varies based on whether the injury is considered "scheduled" (affecting specific body parts like hands or feet) or "unscheduled" (affecting broader areas like the back, neck, or causing mental health issues).

It's important to note that there is no direct compensation for pain and suffering within the Iowa workers' compensation claims. However, there are scenarios where additional claims might be possible. For example, if your workplace injury was caused by a car accident, you might be able to seek damages for pain and suffering from the other driver. Similarly, claims for gross negligence against a co-employee can also provide compensation for pain and suffering, although these cases are challenging to prove.

Medical Benefits Coverage

Under Iowa’s Workers’ Compensation Law Section 85.27, employers or their insurers are required to pay for all reasonable and necessary medical care to treat the injury. This includes treatments specifically aimed at managing pain, as long as they are deemed necessary by a medical professional.

Who Decides on Medical Benefits?

In Iowa, the employer has the right to choose your doctor. The workers' compensation insurance must cover pain treatment if the selected doctor prescribes it. However, if this doctor concludes that you do not need pain treatment and you believe otherwise, you can request alternative care. If denied, you have the right to appeal to the workers’ compensation commissioner.

Denial of Pain Treatment

If you’re denied pain treatment, it’s crucial to know that you have the right to appeal. Advocating for your needs can be challenging, which is why consulting with an attorney can be beneficial. Legal professionals can guide you through the process and help ensure you receive the treatment you deserve.

Duration of Workers' Compensation Benefits

Unlike some states, Iowa does not limit the time you can receive workers' compensation benefits. As long as you are receiving medical care that improves your condition and have not reached MMI, you can continue to receive Temporary Total Disability (TTD) benefits.

Job Protection and FMLA

While receiving workers' compensation, job protection is not guaranteed unless you qualify for the Family Medical Leave Act (FMLA), which provides up to 12 weeks of job-protected leave. After 12 weeks, your employer may terminate your employment, although additional protections may be available under the Americans with Disabilities Act (ADA) or through union agreements.

Unemployment and Social Security Disability

If you are fired after completing medical care, it’s advisable to speak with a work injury attorney. They can help protect your rights and seek appropriate compensation. Filing for unemployment might be necessary if you are no longer receiving TTD benefits, but you must be ready and able to work to qualify.

Applying for Social Security Disability Insurance (SSDI) should be considered carefully. Filing for SSDI too soon can negatively impact the value of your workers' compensation case, and the SSDI process can be lengthy and difficult, especially for those under 55 years old.

Seeking Alternative Medical Care

Iowa law allows you to seek medical treatment independently, though it’s typically at your own expense unless you win a petition for alternate medical care. If your employer’s chosen doctors do not provide further treatment options, you can file a petition for alternative medical care, often best done with the help of an attorney.

Independent Medical Examination (IME)

You have the right to a second opinion via an Independent Medical Examination (IME) with a doctor of your choice. The insurance company must pay for this IME, including associated costs like travel and missed work. Choosing the right IME doctor is crucial as their opinion can significantly influence your medical care and compensation.

In summary, while Iowa’s workers' compensation system does not directly compensate for pain and suffering, it provides comprehensive medical and financial benefits to support injured workers. Understanding your rights and navigating the system effectively often requires legal guidance to ensure you receive the full benefits and care you deserve.

Getting Legal Assistance In Keokuk

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 Keokuk 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.