Oskaloosa Workers Compensation Attorneys

When you suffer a workplace injury, the legal complexities can quickly become overwhelming. Our workers' compensation attorneys are here to help. With unwavering dedication and extensive knowledge, our team is committed to protecting the rights of injured workers. We advocate on your behalf to ensure you receive fair treatment and proper compensation, allowing you to focus on your recovery without worry.

What Does it Mean When Workman's Comp Closed My Case?

When an insurance adjuster tells you "I am closing your case," it’s important to understand what this really means. Many injured workers hear this and assume it signifies the end of their claim, but this is not necessarily true. In Iowa, even if your case is "closed," you still have lifetime medical benefits for your work-related injury. However, insurance companies may try to deny further medical care by attributing your condition to other factors like arthritis. This tactic doesn't mean you should just accept their decision.

Are You Owed More Money?

You might be entitled to more compensation than what you have received for your Permanent Partial Disability (PPD), despite being told your case is closed. Iowa law allows you up to three years from the date of your last payment to file a petition for benefits. This timeline provides an opportunity to challenge the insurance company's decision.

To determine if you are owed additional benefits, it's advisable to speak with a qualified and experienced Iowa workman's comp attorney. Initial consultations are typically free and can provide clarity on whether pursuing further benefits is worthwhile. During this process, a more detailed review of your records and circumstances will be conducted if it appears you might be owed more.

Questions to Ask If You Are Owed More Money

To assess whether you might be owed additional benefits, consider the following questions:

1. When were you injured, and when did you last receive a workman comp check?
2. What type of injuries did you sustain (e.g., back, neck, hand, brain, foot, CRPS)?
3. What permanent work restrictions, if any, have been imposed?
4. Did you undergo a Functional Capacity Evaluation (FCE), and what were the results?
5. What was your impairment rating, and who provided it?
6. Have you returned to your normal job, and are you earning the same or more money?
7. Were you terminated or asked to leave your job because of the work injury?
8. If you sustained a scheduled member injury (e.g., hand, arm, leg, foot, eye), do you have a previous injury to another body part that might qualify you for additional compensation under the Iowa Second Injury Fund Act?

These questions help evaluate whether you are receiving the full benefits you deserve. If an insurance adjuster has closed your file, it might not mean your case is truly closed according to Iowa law.

What Can You Do Now?

During your workman's comp case, keep all correspondence from the insurance company and medical records. If you don’t have these documents, don't worry; your attorney can obtain them from the insurance company at no cost under Iowa law.

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

Workers' compensation benefits are designed to support employees injured on the job. Sometimes, workers can return to work with restrictions, such as only being able to perform light duty tasks. However, if your employer cannot accommodate these restrictions, several steps can be taken.

What to Do When There Is No Light Duty Work Available

If there is no light duty work available, you may receive temporary total disability benefits until you can return to your previous job or light duty work becomes available. If your employer is unreasonably refusing to provide available work, consulting an attorney might be necessary.

Tips to Stay Proactive in Getting Back to Work

1. Maintain open communication with your employer.
2. Keep all appointments with your doctor.
3. Update your employer after each medical appointment.
4. Work with a rehabilitation counselor to find a suitable solution.

Even if you return to a lower-paying job due to your injury, you can still receive benefits that cover two-thirds of the difference between your pre-injury wages and your current wages.

Can Workers' Comp Stop Payments Without Giving Me Notice?

It’s common for injured workers to wonder if their workers' comp payments can stop without notice. Unfortunately, the answer is yes. In Iowa, the insurance company can stop your weekly checks for any reason or no reason, although they are supposed to provide 30 days' notice under certain circumstances, known as an Auxier notice. This notice should be sent, for instance, if you have returned to work and the insurance company believes they have fulfilled their obligation for PPD benefits. 

So What Can You Do?

If your checks have stopped and you don’t have an attorney, your first step should be to contact the insurance adjuster to determine why. Sometimes, delays are due to simple errors or mailing issues. Keep a copy of the envelope and check to verify the postmark date, as this can be critical if there are disputes. Insurance companies can face penalties up to 50% of the amount owed for late payments, known as penalty benefits. Consulting an experienced Iowa workers' comp attorney is advisable if your checks have been stopped or are consistently late.

Getting Legal Assistance In Oskaloosa

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 Oskaloosa 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.