Roland Workers Compensation Attorneys

Legal challenges following a workplace injury can be daunting. Our workers' compensation attorneys are here to guide you. With unwavering dedication and specialized expertise, our team fights for injured workers' rights. We work diligently to secure fair treatment and proper compensation, letting you concentrate on recovery.

Can I Get a Workers Comp Settlement If I Go Back to Work?

Navigating the intricacies of workers' compensation laws can be daunting, especially if you're dealing with permanent work injuries and considering returning to work. In Iowa, understanding how these laws apply to your specific situation is crucial to ensuring you receive the compensation you deserve. This article will explore the various scenarios and factors that determine your eligibility for additional compensation, even if you go back to work.

Permanent Impairment and PPD Benefits

If you have sustained permanent work injuries, you are entitled to a permanent impairment rating based on the AMA Guides. This rating will determine the benefits you receive for what is known as Permanent Partial Disability (PPD). However, receiving compensation for your impairment rating does not necessarily settle your case. You may still be entitled to additional benefits.

Additional Compensation Factors

The amount of additional compensation you may be owed depends on several factors. For injuries sustained after July 1, 2017, benefits may be significantly less due to legislative changes that were unfavorable to injured workers. The following scenarios illustrate how different situations can affect your compensation.

Same or Higher Earnings with the Same Employer

Under new laws, if you return to work with the same employer and earn the same or more money, you may be limited to the impairment rating even if your earning capacity is significantly reduced. However, you have options to potentially increase your compensation:

1. Independent Medical Examination (IME): You can use your right to an IME to obtain a higher impairment rating. However, this should be done with a doctor of your choosing, not one suggested by the insurance company. If you handle your claim on your own, be aware that obtaining a higher rating might require you to settle your case, which should not be done without consulting a qualified workers' compensation attorney.

2. Statute of Limitations: If you are satisfied with your impairment rating, remember that you only have three years from the date of the payment check to file a claim for additional benefits. Failure to do so may result in losing the right to additional compensation and medical care for your injury.

Lower Earnings with the Same Employer

If your post-injury earnings are lower because of job restrictions or reduced hours, additional compensation may be available, especially if you sustained an industrial injury (e.g., back, neck, brain injuries) or a scheduled member injury (e.g., hand, arm, leg). The Iowa Second Injury Fund may provide additional benefits if you had a previous injury to a different scheduled member. Consulting a workers' compensation attorney can help you navigate these options.

Working for a Different Employer

If your employer terminated you due to your inability to accommodate work restrictions, you might be owed significant additional benefits. The type of injuries you sustained—whether industrial or scheduled member—plays a crucial role in determining your compensation. It's essential to discuss your case with an experienced attorney to explore all available benefits.

Workers’ Compensation Benefits for Loss of Limb and Digits

In Iowa, thousands of workers suffer from loss of limb or digits annually. These injuries are categorized under scheduled member injuries and come with specific benefits:

- Arm: Up to 250 weeks of benefits for full amputation; a 10% impairment rating equals 25 weeks.
- Hand: Up to 190 weeks; a 20% impairment rating equals 38 weeks.
- Leg: Up to 220 weeks; a 15% impairment rating equals 33 weeks.
- Foot: Up to 150 weeks; a 30% impairment rating equals 45 weeks.
- Fingers: Various weeks depending on the finger; for example, a 40% impairment to the first finger equals 14 weeks.

Other Benefits

In many cases, you may be entitled to additional benefits that the insurance company may not inform you about. Before considering a settlement, ensure you discuss your case with a qualified attorney who will ask pertinent questions regarding prior injuries, mental health issues, and other conditions that could affect your compensation.

Understanding Impairment Ratings and Compensation

Upon receiving an impairment rating, follow these steps to ensure proper compensation:

1. Medical Report Transmittal Form: Submit this form to the Iowa Division of Workers' Compensation if your temporary total/partial disability extends beyond 13 weeks.
2. Independent Medical Examination (IME): If you disagree with the doctor’s impairment rating, request an IME with a physician of your choosing, at the employer’s expense.
3. No Signing Needed: You do not need to sign any papers to receive payment for your impairment rating.
4. Be Aware of Entitlements: Ensure you receive all benefits you are entitled to and avoid settling your case prematurely.
5. Lump Sum Payments: You can receive a lump sum payment and accrued interest while retaining the ability to pursue future claims.
6. Understand Your Case Type: Determine whether your injury is an industrial disability or a scheduled member injury, as this will affect your benefits.

Getting Legal Assistance In Roland

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 Roland 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.