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Navigating legal complexities following a workplace injury can be overwhelming. Our workers' compensation attorneys are here to assist. With steadfast dedication and specialized skills, our team is committed to advocating for the rights of injured workers. We ensure you receive fair treatment and rightful compensation, allowing you to focus on getting better.
Navigating the complexities of workers' compensation claims in Iowa involves understanding various crucial elements such as impairment ratings, causation, and the implications of switching jobs during a claim. This comprehensive guide breaks down these components to ensure injured workers receive the full benefits they deserve.
Impairment Ratings Overview for Workers' Compensation in Iowa
When filing a workers' compensation claim, you may encounter the term “impairment rating.” This rating is pivotal in assessing the severity of your impairment and determining the compensation you will receive.
In the context of workers' compensation, an impairment is the inability to use your bones, muscles, joints, limbs, ligaments, tendons, spinal cord, brain, or peripheral nerves as well as you did prior to the injury. Doctors determine the level of ability lost through various medical tests and procedures.
How Impairment Ratings are Determined
If any loss of function is observed, the doctor assigns an impairment rating based on the American Medical Association Guides to the Evaluation of Permanent Impairment. The doctor also considers activities of daily living (ADL), such as personal hygiene, communication, physical activity, sexual activity, sensory function, travel, and sleep.
The impairment rating significantly impacts job functions. For example, a 30% impairment rating is more detrimental for physically demanding jobs like carpentry than for sedentary jobs.
The assessment involves recording your medical history, performing a physical evaluation, checking vital signs, and reviewing any problems with ADL. The doctor also considers your medications and may refer you to specialists for chronic injuries.
Why Causation is Such an Important Aspect of Your Workers’ Compensation Claim
Filing a workers' compensation claim requires establishing causation—the link between your injury and your workplace accident or tasks.
The Importance of Causation
Causation determines liability for your injury. Without establishing it, an employer can deny workers' compensation benefits, leaving you to cover medical costs. The employer may argue that your condition is unrelated to your work.
How to Establish Causation
Causation is straightforward for traumatic injuries, supported by witness reports. However, proving causation for conditions like herniated discs or certain illnesses can be challenging.
To establish causation, obtain a detailed report from your doctor. This report should describe when and how the injury occurred, the resulting conditions, and why they are not independent of the workplace accident.
Benefits Awarded When Causation is Established
Once causation is proven, the employer is liable for medical and disability benefits according to Iowa Division of Workers' Compensation laws.
What Happens to My Workers' Comp Case If I Switch Jobs?
Switching jobs while treating a workers' compensation injury can complicate your case. Here’s what you need to consider:
Medical Care and Treatment
Although Iowa law provides lifetime medical care for work injuries, switching jobs can prompt the workers' comp insurance company to attribute new problems to your new job, potentially denying further care. This situation is more manageable once you've reached maximum medical improvement (MMI) and received permanent work restrictions.
Industrial Disability Analysis
Iowa distinguishes between scheduled member injuries (hands, feet, arms, legs, eyes) and industrial injuries (back, neck, brain, etc.). If you switch jobs, the new laws may limit your compensation to the functional impairment rating. A significant ruling in Martinez v. Pavlich emphasized the importance of industrial disability analysis if your employment ends.
Potential Higher Settlement
If you sustain serious injuries and have permanent work restrictions, your employer may prefer you find another job. Settling your case with a global release and mutual separation might yield a higher settlement but typically requires closing your file, including medical benefits and the right to review-reopen your case.
Quitting Your Job
Quitting during your workers' comp treatment can end your temporary total disability (TTD) benefits. Filing for unemployment is also challenging if you quit, and recent law changes reduce unemployment benefits.
Retiring or Discussing Retirement
The 2017 law changes allow employers to use retirement against you, reducing your compensation. Avoid discussing retirement plans while your claim is pending to prevent losing substantial compensation.
Getting Legal Assistance In Lake 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 Lake 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.