La Porte City Workers Compensation Attorneys

Legal obstacles after a workplace injury can be challenging. Our workers' compensation attorneys are here to assist. With relentless dedication and expertise, our team stands up for the rights of injured workers. We work meticulously to secure fair treatment and proper compensation, allowing you to focus on recovery.

If you've been injured at work in Iowa, understanding your rights and how workers' compensation payments work is crucial. This guide will help you navigate through the complexities of workers' compensation, from calculating your benefits to reopening old claims and understanding when and why payments might stop.

Can Workers’ Compensation Payments Just Stop?

Workers' compensation payments cannot just stop without a legitimate reason. It’s essential to know your rights as an employee regarding work injury and payments.

Circumstances Under Which Workers’ Comp Benefits Could Stop

The most common and valid reason for benefits to stop is when the employee has returned to work, meaning the worker has recovered and can resume normal job duties. Iowa law requires employees to receive a 30-day written notice with an explanation for stopping benefits under other circumstances, such as:

- The medical provider indicates that significant improvement from the injury isn’t anticipated.
- The employee is medically capable of returning to the same or similar work.

Along with a reason for terminating benefits, employees must be advised of their right to file a claim with the Workers’ Compensation Commissioner if there is a disagreement. Stopping benefits without providing notice could warrant seeking legal advice.

When Termination of Workers’ Compensation Benefits Isn’t Warranted

Some insurers or employers may stop benefits without a valid reason. For instance:

- An employer decides to fire the employee to avoid paying benefits. 
- An employer may stop benefits because they disagree with the doctor’s findings on disability rating or work restrictions.

These actions are not valid reasons to stop benefits. If an employer or insurer wrongfully terminates your benefits, you should consider legal action.

What to Do if Workers’ Compensation Benefits Unnecessarily Stop

If benefits are not paid, the employee could be entitled to interest or penalty benefits. Most disputes concerning workers’ compensation benefits must be brought before the commissioner. Similar to other forms of litigation, the case can go to a hearing where both sides present evidence. 

Although legal counsel is not necessary, it is usually in the employee’s best interest to hire an attorney to navigate the complexities of Iowa workers' compensation laws. An administrative law judge will decide whether stopping benefits was warranted. If wrongfully terminated, benefits will be reinstated. If the judge decides against the employee, it is possible to appeal.

Do You Know How Much Your Iowa Work Injury Case is Worth?

Understanding how your workers' compensation checks are calculated is crucial. The value of your case depends on various factors:

- Type of Injury: Scheduled Member vs. Industrial Injury
- Permanent Restrictions
- Qualification for the Second Injury Fund

Types of Injuries

- Scheduled Member Injuries: These include injuries to specific body parts like the arm, hand, fingers, leg, foot, toes, ears, or eyes. Compensation is based on a percentage of 250 weeks.
- Industrial Injuries: These include injuries to the back, neck, brain, shoulder, nervous system, tinnitus, and skin. Compensation is based on a percentage of 500 weeks.

Factors That Determine Compensation

Compensation varies significantly between scheduled member injuries and injuries to the body as a whole. Factors include:

- Ability to work
- Permanent restrictions
- Education
- Age
- Whether surgery was performed
- Permanent impairment rating

For example, a 10% impairment rating for a shoulder injury translates to a 6% body as a whole rating, resulting in 30 weeks of benefits. However, if the injury prevents the worker from returning to their previous job, the compensation may be much higher.

Second Injury Fund

If an injured worker previously injured another scheduled member, they might qualify for benefits under the Iowa Second Injury Fund Act, providing compensation as if they sustained an industrial injury.

Can I Reopen an Old Workers’ Compensation Claim if My Injury Has Worsened?

Types of Settlements

There are three basic types of settlements:

1. Agreement for Settlement
2. Agreement for Settlement with Full Commutation
3. Compromise Settlement

Only the "Agreement for Settlement" allows for reopening the case, known as an "open file." Other settlements close the case permanently in exchange for a lump-sum payment.

Grounds for Reopening a Case

To reopen an agreement for settlement, you must prove one or more of the following:

1. Worsening of the claimant's physical condition
2. Reduction of the claimant's earning capacity
3. Temporary disability developing into a permanent disability
4. Discovery of a critical fact unknown at the time of the prior settlement
5. A scheduled member injury causing an industrial disability

Common Reasons for Reopening a Case

A common scenario is when an employer accommodates permanent work restrictions but later decides they cannot, resulting in the worker being fired. Another example is when a scheduled injury (like a foot or knee injury) causes secondary issues (like back or hip pain).

Documenting the Worsening Condition

You must document the worsening of your condition through medical examinations and independent medical evaluations. Proving a worsening condition often involves demonstrating an increased impairment rating, additional work restrictions, or the need for more medical care.

Statute of Limitations

The petition for review-reopening must be filed within three years of the last received workers' compensation payment. If you think you qualify for review-reopening, contact an experienced workers' compensation attorney immediately.

Unsettled Cases and Statute of Limitations

If you have not signed any settlement paperwork but have cashed the checks from the insurance company, the statute of limitations, usually two years, still applies. Seek the advice of a qualified attorney to determine if you are owed additional compensation.

Getting Legal Assistance In La Porte City

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 La Porte City 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.