- Pella Workers Compensation Attorneys
- Phone: 641-792-3595
- Directions
Following a workplace injury, the legal landscape can become a confusing and overwhelming maze. Our workers' compensation attorneys are here to provide clarity and support. With steadfast dedication and specialized expertise, our team is committed to defending the rights of injured workers. We advocate tirelessly to ensure you receive fair treatment and proper compensation, allowing you to focus on your 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, particularly how impairment ratings can affect the benefits you receive. Knowing your rights and the steps to take after receiving an impairment rating can significantly impact the outcome of your case.
Steps to Take After Receiving an Impairment Rating
Once you have recovered as much as possible from your injury, the doctor will notify the insurance company of any impairment rating assigned to you. If the rating indicates a permanent impairment, you may receive permanent partial disability benefits. The insurer will use the doctor's rating to determine the duration of these benefits.
It's important to ensure that 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 from a permanent disability or if your temporary total/partial disability extends beyond 13 weeks. This form identifies the impaired body part and the percentage of impairment and can be submitted via mail or fax.
If you disagree with the doctor’s impairment rating, you can request an independent medical examination (IME) with a physician of your choosing, at the employer’s expense. To do this, submit Form 100A along with the physician’s report to your employer.
Key Points About Impairment Ratings and Compensation
1. No Signing Needed: You don't have to sign any papers to receive payment for your impairment rating from the insurance company.
2. Be Aware of Your Entitlements: Often, you should receive more than just the impairment rating. Settling your case prematurely, even over the phone, can lead to a significant loss of benefits, potentially amounting to thousands of dollars.
3. Lump Sum Payments: You can 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. Your case might fall under:
- Industrial Disability Injury: Benefits are based on your impairment rating, restrictions, age, etc., calculated as a percentage of 500 weeks.
- Scheduled Member Injury: Your impairment rating is multiplied by the body part injured. For example, a 10% leg impairment is 10% of 220 weeks, equating to 22 weeks of benefits.
You may also qualify for Iowa Second Injury Fund Benefits, which can impact the compensation you are entitled to.
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.
Calculating the Value of Your Iowa Work Injury Case
Understanding how your workers' compensation checks are calculated is crucial. The value of your case depends on several factors, including:
- Scheduled Member Injury vs. Industrial Injury
- Qualification for the Second Injury Fund
- Permanent Restrictions
Iowa workers' compensation cases have specific rules for different types of injuries. Injuries to the back, neck, brain, shoulder, nervous system, tinnitus (ringing in the ears), and skin are considered injuries to the body as a whole (unscheduled member injuries). Injuries to the arm, hand, fingers, leg, foot, toes, ears, or eyes are called scheduled member injuries.
Compensation for Different Types of Injuries
Unscheduled Member Injuries
Compensation for unscheduled member injuries (e.g., back, neck, shoulder) is based on a percentage of 500 weeks. This percentage is determined by factors such as:
- Ability to work
- Permanent restrictions
- Education
- Age
- Whether surgery was performed
- Permanent impairment rating
For example, a shoulder injury with a 10% impairment rating to the arm converts to a 6% body as a whole rating, generally entitling the worker to at least 30 weeks (500 weeks × 6%) of permanent benefits. However, other factors like inability to return to previous work can significantly increase this amount.
Scheduled Member Injuries
Compensation for scheduled member injuries (e.g., arm, leg) is based on a percentage of 250 weeks, depending on the impairment rating. For example, a 10% permanent impairment rating to the arm results in 25 weeks (250 weeks × 10%) of benefits, regardless of the worker’s ability to return to their previous job.
Special Considerations for Shoulder Injuries
In Iowa, shoulder injuries are common and fact-dependent. Permanent compensation for shoulder injuries is based on 500 weeks of benefits. For instance, a 20% industrial disability would entitle the worker to 100 weeks of permanent compensation (20% × 500 weeks).
Factors considered in shoulder injury compensation include:
- Permanent impairment rating
- Permanent work restrictions
- Type of medical care received (e.g., surgery)
- Educational level
- Age
- Earnings history
- Ability to return to previous work
Impairment ratings for shoulder injuries can vary from 0% to as high as 50% to the whole person. The rating is just one factor; permanent work restrictions and other circumstances can significantly increase the industrial disability rating.
Getting Legal Assistance In Pella
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 Pella 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.