Lamoni Workers Compensation Attorneys

Legal challenges after a workplace injury can be overwhelming. Our workers' compensation attorneys are here to help. With relentless dedication and specialized expertise, our team is devoted to fighting for the rights of injured workers. We ensure you receive fair treatment and rightful compensation, allowing you to concentrate on healing.

What If I Get Fired While on Workers Comp?

This is a question that we hear often and frankly, it is a very scary part of a work injury case here in Iowa. If you get fired while on workers' comp, one critical question will be why did you get fired? If you were fired because you did not show up to work and did not have a doctor's excuse, then this is bad for your workers' comp case. If you got fired because you had permanent work restrictions that your employer was not willing or able to accommodate, then this can be good for a case and you may have other remedies discussed below.

Please note that your employer can fire you while you are receiving workers' comp. I know this will come as a shock to many of you, but you are an employee at will under Iowa law, so you can be fired for any reason or no reason at all.

However, there may be some protection for you under the FMLA (Family Medical Leave Act), ADA (Americans with Disabilities Act), or a collective bargaining agreement that you may have through your union. These laws do not change the fact that you can be fired, but they may allow you to get your job back later on along with potentially additional damages.

Terminated Because of Work Injury

There are many different points in time when an employer fires an injured worker. Sometimes, a worker will be fired immediately after the injury for a safety violation. Other times, an injured worker is fired while they are off work healing from their injuries and have used up their 12 weeks of FMLA time. A common time for an injured worker to be fired is once they have reached MMI (maximum medical improvement) and have been given permanent work restrictions. 

You should provide your employer with your permanent work restrictions and ask for work. You need to be ready, willing, and able to do the work within your restrictions. While you may not yet know if you are able to do the work for sure, you must at least go and try to do the job. One of the worst things you can do for your workers' compensation case is to refuse to do work that is offered to you.

This is a very complicated area of the law where there are many traps set for injured workers. In 2017, then-Governor Branstad and the Republican party voted to significantly reduce compensation to injured workers in a number of ways, including if an offer of employment is made to the worker. Employers know the law and will try to catch you in one of the new traps. If you try to navigate this area of the law on your own, it is very possible that you are throwing away thousands of dollars.

We are happy to discuss your workers' comp claim, your employment, your termination, etc. at no cost or risk. If you are faced with being fired, you definitely should talk to an attorney as soon as possible. Also, it is possible that you will want to file for unemployment, but there is a right way and a wrong way to do this as well, discussed in more detail below.

Terminated for Some Other Reason

There are dozens of other reasons that an employer may fire an injured worker. Keep in mind that your employer will always be looking for a way to fire you that is not related to your work injury in an attempt to reduce the compensation that you receive. For example, often employers claim that injured workers did not do their job properly, were late, missed work due to personal matters, committed employment misconduct, etc. Just because your employer claims you were fired for something other than the work injury does not mean that it is true. If your employer fires you, then you will likely want to consider filing for unemployment, but this is a big topic by itself.

Filing for Unemployment

It would literally take hours to explain the entire unemployment system and how it works, but here are some general guidelines:

1. Ready, Willing, and Able to Work
   This is a basic requirement before you even consider filing. Keep in mind that you do not have to certify that you can return to your old job, but rather that there is work available in the open labor market that you can do. For example, let's say you work in a factory and you cannot return to your factory job, but you could return to a light-duty desk job that your employer had you doing for a period of time. Also, maybe there is work in the past you have done that you can do or you could work at a local grocery or convenience store running a cash register, stocking shelves, etc. Before you have any type of phone interview, you should write down some of the jobs you think you could do.

2. Work Credits
   You have to have enough quarterly work credits in order to qualify. Keep in mind that if you were off work for 3 or more quarters because of your work-related injury, then Iowa Workforce is supposed to skip those quarters and look at the time prior to your work injury. However, rarely do they get this right. Usually, they will send out a notice that you do not qualify because you do not have enough credits. If this happens, you need to timely provide Iowa Workforce with the correct information. You can try to do this on your own, but they are looking for very specific things such as your first report of injury, a letter from the insurance company stating TTD and PPD paid, medical records showing your date of MMI, etc.

3. Timing
   Under Iowa law, you are not allowed to receive both TTD (temporary total disability) benefits and unemployment at the same time. If you file for unemployment too early in your case, then you are wasting the benefits that you otherwise may have received. However, if your workers’ comp claim has been denied and the employer is not offering you work, then it may make sense to go ahead and file.

Do Workers Compensation Benefits Stop at 65?

In Iowa, workers' comp benefits do not automatically stop when you reach age 65. However, keep in mind that there are a few different types of benefits and they work differently. There are temporary benefits referred to as TTD (temporary total disability), permanent benefits called PPD (permanent partial disability), and medical benefits which include paying for the entire cost of the medical care you are provided at the insurance company's discretion, plus your mileage and time you miss from work that you are not paid for. Also, keep in mind that the receipt of Social Security benefits can have a big impact on benefits paid up until the time that you reach your full retirement age, discussed more below.

Benefit Types

TTD - These are paid to an injured worker regardless of age when, after a work injury, they are taken off work by the authorized treating physician or given work restrictions that the employer cannot accommodate. These are paid until the injured worker reaches MMI (maximum medical improvement) or otherwise known as being as good as you are likely to get from the doctor's standpoint.

PPD - These benefits are paid based upon your impairment rating in scheduled member-only cases or your industrial disability in other cases. You are paid a number of weeks of benefits which can extend past age 65. The number of weeks you will be paid depends upon the type of injury you sustained, your functional impairment rating under the AMA Guides, and in some cases, your age, education, loss of actual earnings, along with many other factors. One of the biggest factors in how much you will be paid is if you have a scheduled member injury (arm, hand, leg, foot, eye, etc.) or an unscheduled injury (also known as an industrial injury like a back, neck, hip, CRPS, certain injuries around the "shoulder" joint, etc.).

Medical Benefits - If you were injured at work, then technically you have lifetime medical benefits in addition to what they paid you for weekly benefits. This is assuming that you did not "settle" your case, which is another topic in itself. Also, oftentimes insurance companies will end up denying medical care and treatment for things such as:
  1. You no longer work for the employer;
  2. They can blame arthritis for your ongoing problems instead of the work injury; and/or
  3. They just don't want to spend any more money on your medical care.

Social Security Benefits - If you are receiving SSI (Supplemental Security Income), then any compensation that you receive in wages or a workers' compensation check will reduce your benefits. Whereas, if you receive SSDI (Social Security Disability), there will be an offset evaluation done to determine what, if any, amount your monthly Social Security disability payments are reduced by. The SSA (Social Security Administration) only allows you to make up to 80% of your highest year earnings in the 5 years prior to your work injury.

Time Limitations to File Iowa Workers' Compensation Claim

Are you facing a workplace injury in Iowa and grappling with the complexities of worker compensation time limitations? Understanding these crucial deadlines is important to ensure you receive the full extent of benefits owed to you. Here's a comprehensive breakdown of the complicated time constraints surrounding worker compensation claims in Iowa.

Reporting Your Injury

The first critical deadline revolves around reporting your injury to your employer. You need to report your workers' compensation claim within 90 days. This should be done as soon as you realize or should have realized that the injury was caused by work. This requirement is stated in Iowa Code Section 85.23. Timely reporting is vital to initiate the process and avoid potential complications down the line.

For traumatic injuries, immediate reporting is recommended to bolster your claim's credibility. Giving specific details about the injury and how work caused it strengthens your case and increases the likelihood of receiving benefits.

Filing a Petition

Understanding the statute of limitations outlined in Iowa Code Section 85.26 is crucial. In general, you must file a petition within 2 years of your date of injury. Failure to adhere to

 this timeframe could result in the dismissal of your case and the forfeiture of compensation.

However, certain exceptions exist. If you've received weekly workers' compensation benefits, your filing period may extend up to three years from the date of the last weekly benefits check issued to you. It is advised to consult with a knowledgeable workers' comp attorney within the two-year timeframe to explore potential exemptions and safeguard your rights.

Deadlines After Approval

Post-approval, additional deadlines come into play. If you're entitled to disability benefits but haven't received a check, it is important to file a claim with the Iowa Workers' Compensation Commissioner within 2 years of the injury date. Similarly, if you've been receiving regular disability benefits, you have 3 years from the date of your last disability benefit check to file a claim.

Getting Legal Assistance In Lamoni

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 Lamoni 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.