Onawa Workers Compensation Attorneys

The legal challenges following a workplace injury can be overwhelming. Our workers' compensation attorneys are here to help. With unwavering dedication and specialized skills, 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.

Navigating Iowa Workers' Compensation: Alternative Medical Care, Light Duty Work, and Filing Deadlines

Understanding your rights and obligations under Iowa's workers' compensation laws is crucial if you've been injured on the job. This comprehensive guide covers your right to seek alternative medical care, what to do if your employer has no light-duty work available, and the critical time limitations for filing workers' compensation claims.

Iowan's Right to Seek Alternative Medical Care

Seeking Medical Treatment

Under Iowa law, you always have the right to seek medical treatment on your own. However, this is usually at your own expense unless you successfully petition for alternate medical care. If the insurance company offers medical care, you should attend and fully cooperate with the treatment provided. If their doctors can't offer further medical care and another doctor suggests treatment that could help, you might consider filing a petition for alternate medical care. Specific requirements apply, and it’s often best to seek help from a qualified Iowa workers' compensation attorney. Many law offices handle these matters at no additional cost to clients and can discuss your medical care issues.

Independent Medical Examination (IME)

Instead of filing for alternate medical care, you have the right to a second opinion after the company doctor evaluates your permanent impairment rating. Iowa Code § 85.39 mandates that the insurance company pays for a one-time IME with a doctor of your choice. Here are some tips for navigating the IME process:

1. Choosing the Right Doctor: Selecting the right IME doctor is crucial. Some IME doctors may favor insurance companies. It's important to choose a doctor who will provide an impartial evaluation. Experienced attorneys can recommend reputable IME doctors in Iowa.

2. Expense Coverage: The insurance company should cover your roundtrip mileage, time missed from work, and fees associated with the examination and any required testing.

3. Further Medical Care: If the IME doctor recommends additional treatment, you can proceed with the alternate medical care process to compel the insurance company to provide the recommended care.

Choosing the right IME doctor can significantly impact your medical care and the compensation you receive for your work injury.

Return to Light Duty but Your Employer Has No Work for You

When Light Duty Work Isn't Available

Workers' compensation provides benefits to employees injured on the job. Returning to work might be an option for injured employees, but there could be restrictions, such as only being able to perform light-duty work. If your employer cannot accommodate these restrictions, you might still receive temporary total disability until you can return to your previous job or until light-duty work becomes available.

Steps to Take

If your employer refuses to provide available light-duty work, it may be necessary to seek help from an attorney. Here are some proactive steps to facilitate your return to work:

- Maintain Open Communication: Keep an open line of communication with your employer.
- Medical Appointments: Keep and attend all doctor appointments.
- Provide Updates: After each appointment, update your employer on your status.
- Rehabilitation Counselor: Work with a rehabilitation counselor to find a solution.

Benefits for Light Duty Work

If you return to work at a lower-paying job due to restrictions, you may still recover benefits. Your benefits will adjust to two-thirds of the difference between your pre-injury wages and your current wages while performing light-duty jobs.

Time Limitations to File Iowa Workers' Compensation Claims

Reporting Your Injury

The first crucial deadline is reporting your injury to your employer within 90 days, as required by Iowa Code Section 85.23. This should be done as soon as you realize the injury is work-related. Timely reporting initiates the process and avoids complications. Immediate reporting of traumatic injuries is recommended to bolster your claim's credibility.

Filing a Petition

Understanding the statute of limitations is essential. Generally, you must file a petition within two years of your injury date, as outlined in Iowa Code Section 85.26. Failure to do so could result in case dismissal and forfeiture of compensation. However, if you’ve received weekly benefits, the filing period may extend to three years from the last payment date. Consulting with a knowledgeable workers' comp attorney within the two-year timeframe can help explore potential exemptions and safeguard your rights.

Post-Approval Deadlines

Additional deadlines apply after claim approval:

- Disability Benefits: If entitled to disability benefits but haven't received a check, file a claim with the Iowa Workers' Compensation Commissioner within two years of the injury date.
- Receiving Benefits: If receiving regular disability benefits, file within three years from the last benefit check date.

Missing these deadlines can lead to benefit denial, highlighting the importance of keeping detailed records.

Getting Legal Assistance In Onawa

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 Onawa 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.