Nora Springs Workers Compensation Attorneys

Navigating legal issues after a workplace injury can be challenging. Our workers' compensation attorneys are here to assist. With unwavering dedication and specialized expertise, our team is committed to advocating for the rights of injured workers. We ensure you receive fair treatment and proper compensation, allowing you to focus on recovery.

Important Information About Iowa Workers' Compensation and Impairment Ratings

If you are injured while working in Iowa, it is crucial to understand Iowa's workers' compensation laws. Additionally, it is important to know how impairment ratings can affect the benefits you receive.

Impairment Ratings and Compensation

The insurance company typically pays your impairment rating on a weekly basis. However, there are instances where they may provide a one-time payment instead, particularly if a settlement has been reached or depending on the specific insurance company.

Steps to Take After Receiving an Impairment Rating

1. Doctor's Notification: Once you have recovered as much as possible following the injury, the doctor will notify the insurance company of any impairment rating he or she has assigned to you. If you receive an impairment rating indicating a permanent impairment, you may receive permanent partial disability benefits. Based on the doctor’s rating, the insurer will determine how long you will receive disability benefits.

2. Medical Report Transmittal Form: Make sure a Medical Report Transmittal Form is filled out when submitting medical information to the Iowa Division of Workers’ Compensation. This is required if you suffer permanent disability and/or your temporary total/partial disability extends beyond 13 weeks. There are fields to identify the body part that’s permanently impaired as well as the percentage of impairment. The form may be submitted via mail or fax.

3. Independent Medical Examination (IME): If you do not agree with the doctor’s impairment rating, you can request an independent medical examination (IME) with a physician of your choosing and at the employer’s expense. To do so, submit Form 100A along with the physician’s report to the employer.

Key Points About Impairment Ratings

1. No Signing Needed: You don't have to sign any papers to get paid for your impairment rating from the insurance company.

2. Be Aware of Your Entitlements: In many cases, you should receive more than just the impairment rating. Settling your case prematurely, even over the phone, could lead to a significant loss of benefits amounting to thousands of dollars.

3. Lump Sum Payments: You are able to obtain a lump sum payment and accrued interest while retaining the ability to pursue potential future claims.

4. Understand Your Case Type: Before discussing settlement options, determine the type of benefits you should receive.

   - Industrial Disability Injury: Benefits based upon your impairment rating, restrictions, age, etc., and a percentage of 500 weeks.
   - Scheduled Member Injury: Your impairment rating is multiplied by the body part injured (e.g., a 10% leg impairment is 10% x 220 weeks = 22 weeks).
   - Iowa Second Injury Fund Benefits: You may also qualify for these additional benefits.

5. Don't Settle Blindly: Entering into a compromise settlement without a full understanding of your case could lead to financial losses. For instance, agreeing to a lump-sum payment in a scheduled member injury case might prevent you from claiming Iowa Second Injury Fund benefits later.

6. Seek Legal Advice: Before considering any settlement offer, educate yourself about Iowa's workers' compensation laws and consult with an attorney. Seeking professional advice will ensure you make informed decisions about your case.

Time Limitations to File Iowa Workers' Compensation Claim

Understanding the crucial deadlines for filing worker compensation claims in Iowa is vital to ensuring you receive the full extent of benefits owed to you.

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 two 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 two years of the injury date. Similarly, if you've been receiving regular disability benefits, you have three years from the date of your last disability benefit check to file a claim. Missing these deadlines can lead to a denial of benefits, showing the importance of keeping up-to-date and detailed records.

How Long Can You Be Out on Workers' Comp?

Unlike some states, Iowa does not have a set limit for the amount of time that you can be off work receiving workers' comp benefits while you recover from your work injuries. Some states have a 12, 18, or 24-month limit, but in Iowa, as long as you are receiving medical care which is improving your condition and have not reached MMI (maximum medical improvement), you can receive weekly TTD (temporary total disability) benefits.

Job Protection Under FMLA

If you qualify for the Family Medical Leave Act (FMLA), then your employer can run your FMLA time (generally up to 12 weeks of leave) concurrently with the time you are off work due to a work injury. If you miss more than 12 weeks, your employer may terminate you. Additional protections may be available under the Americans with Disabilities Act (ADA) or through your union if you have one.

To be eligible for FMLA leave, an employee must work for a covered employer, defined as an employer with 50 or more employees each working day during at least 20 calendar weeks in the current or preceding calendar year. Additionally, the employee must have worked for that employer for at least 12 months and logged at least 1,250 hours during the 12 months prior to the start of the FMLA leave. If you meet these requirements, your job should be protected for up to 12 weeks.

What If I Am Fired After Completing Medical Care?

If you are fired during or after your medical care for your workers' comp claim, it is very important that you speak with a qualified work injury attorney who can help explain the process, protect your rights, and seek the compensation that you should receive.

Should I File for Unemployment?

If you have been fired and are no longer receiving TTD benefits, it is probably in your best interest to file for unemployment. Keep in mind that you cannot receive TTD and unemployment at the same time. Additionally, you must be ready, willing, and able to work to qualify for unemployment benefits. Depending on how long you were off work, you may not have enough work credits in your monetary records and could be denied unemployment. However, if you have missed three or more quarters and received TTD during that timeframe, the unemployment office should skip those quarters and substitute them with the quarters prior to your work injury. If you are denied unemployment, promptly call a work comp attorney who can also help you with your unemployment matter. We offer a no-cost consultation and review of both your unemployment and work comp cases.

Should I Apply for Social Security Disability (SSDI)?

It depends on your age, the severity of your injuries, and if you have done a valid job search. Generally, it is not recommended to immediately file for SSDI for several reasons:

1. Impact on Workers' Compensation Case: Filing for SSDI too soon can significantly reduce the value of your workers' compensation case because it shows a lack of motivation. If you are released to return to work with restrictions, you should do a valid job search before determining if you should file for SSDI.
   
2. Lengthy Process: The SSDI process can take several years to get a hearing before an administrative law judge.

3. Age Considerations: It is more difficult to obtain SSDI if you are under 55 years of age compared to if you are 55 or older.

Getting Legal Assistance In Nora Springs

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 Nora Springs 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.