Storm Lake Workers Compensation Attorneys

Workplace injuries can turn the legal process into a bewildering maze, making you feel overwhelmed. That's when our workers' compensation attorneys step in to help. With our team's dedication and expertise, we are devoted to fighting for the rights of injured workers. We ensure fair treatment and rightful compensation, so you can focus on recovering with peace of mind.

How to Check Workers' Compensation Claim Status in Iowa

If you're pursuing a workers' compensation claim in Iowa, the most effective way to check on your claim status is to contact your attorney. Your attorney can communicate with the workers' compensation insurer, your employer, or the Iowa Division of Workers' Compensation on your behalf. If you do not have an attorney, you can contact the workers' compensation insurance company directly or reach out to the Iowa Division of Workers' Compensation at 1000 East Grand Avenue, Des Moines, Iowa 50319-0209. You can call them at 515-281-5387 or (800) JOB-IOWA.

It's important to remember that settling a workers' compensation case can take weeks or months, especially if there are disputes regarding your entitlement to benefits. Here’s more information about potential delays and steps to take if you encounter difficulties in getting updates on your claim.

What Might Delay the Workers' Compensation Settlement Process?

Disputes are the primary factor that can delay the settlement process. Disputes may arise over whether your injury is work-related or the extent of your impairment. For example, if you disagree with the impairment rating given by the insurance company's doctor, you may need to request an independent medical exam. Similarly, if you feel you are not ready to return to work when the doctor states you are, this can also lead to disputes.

These situations can prolong your settlement process, possibly requiring you to appeal a denied claim with the Workers' Compensation Commissioner or take other legal steps to secure your benefits.

What If My Attorney Won't Provide Me Updates on My Workers' Comp Status?

Your attorney should keep you informed about your case status. If you are unable to reach your attorney or if they are not providing updates, it may be time to consider finding new representation. When looking for a new attorney, ensure you understand their communication practices. Ask whether you will receive regular updates via telephone, email, or other means, and confirm that you can call for updates as needed.

Learn About the Injured Workers Bill of Rights

Iowa law has recognized the rights of injured workers since 1913. Employers are required to obtain workers' compensation insurance to cover their employees. Knowing your rights under this law is crucial. Here are four of the ten basic rights you have if you're injured at work:

1. Payment of Medical Care Including Mileage

Medical Expenses: Your employer or their insurance company must provide you with medical care and treatment. They must pay for all treatment options they offer, and under certain circumstances, they are responsible for paying for medical expenses incurred with providers not approved by them. For instance, if your work injury claim is denied but later determined to be work-related, they are liable for those costs.

Mileage Expenses: You are entitled to reimbursement for mileage incurred traveling to and from medical appointments.

2. Money for Permanent Disability

If your injury results in a permanent disability, you are entitled to compensation for that disability. The amount depends on the body part(s) affected, the nature and extent of the disability, and your average weekly earnings before the injury. Even without an impairment rating, you may be entitled to compensation if you have permanent work restrictions due to your injury.

3. Right to Refuse Medical Care

You have the right to refuse any medical procedures or treatments. For example, if the company doctor recommends surgery, you are not obligated to proceed with it. However, refusing treatment may impact your case.

4. Weekly Benefit Checks While You Recover and Cannot Work

While recovering and unable to work, you will receive weekly benefit checks to replace your usual earnings. This applies whether you are completely unable to work (Temporary Total Disability - TTD) or working less than 40 hours per week (Temporary Partial Disability - TPD). The amount, known as your "rate," is based on your average earnings before the injury.

Rate Calculation

Your weekly benefit rate is based on your Average Weekly Wage (AWW) before the injury. For hourly workers, this typically involves calculating the average wages over the 13 weeks prior to the injury, excluding short weeks. The rate also considers your marital status and number of exemptions. It's crucial to verify your rate, as errors can lead to underpayment. Employers and insurance companies often calculate lower rates, which can significantly impact your compensation.

What to Do If There Is No Light Duty Work Available

If your employer cannot accommodate light duty work restrictions, you may receive temporary total disability benefits until you can return to your previous job or light duty work becomes available. If your employer refuses to provide available work, you may need legal assistance.

Tips to Stay Proactive in Getting Back to Work

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

Workers’ comp claims in Iowa can be complex, especially when dealing with light duty restrictions or reduced workloads. Returning to a lower-paying job due to injury can still entitle you to benefits, calculated as two-thirds of the difference between your pre-injury wages and your current wages.

Getting Legal Assistance In Storm Lake

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 Storm Lake 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.