Wapello Workers Compensation Attorneys

The legal complexities following a workplace injury can be intimidating. Our workers' compensation lawyers are here to help. With relentless dedication and expert knowledge, our team fights for the rights of injured workers. We ensure you receive fair treatment and the compensation you deserve, allowing you to focus on recovery.

What Does it Mean When Workman Comp Closed My Case?

When you hear the words "I am closing your case" from an insurance adjuster, it’s essential to understand what this really means. Despite the impression these words might give, they don't hold much legal weight. In Iowa, injured workers are entitled to lifetime medical benefits for their work-related injuries. However, the insurance companies often try to blame ongoing medical issues on pre-existing conditions like arthritis to avoid covering the necessary care. It’s crucial not to simply accept the insurance adjuster's statement at face value and to seek further advice if needed.

Are You Owed More Money?

One of the primary concerns for injured workers is whether they have been adequately compensated, especially for Permanent Partial Disability (PPD). Even if you have been told that your case is closed, you may still be entitled to more money. According to Iowa law, you have up to three years from the last payment of benefits to file a petition for additional benefits. Consulting with a qualified Iowa workman comp attorney is the best way to ensure you have received fair compensation. Initial consultations are typically free and can provide valuable insights into your case.

Questions To Ask If You Are Owed More Money

To determine if you might be owed additional benefits, consider the following questions:

1. Injury and Payment Dates: When were you injured, and when did you last receive a workman comp check?
2. Type of Injury: What injuries did you sustain? Examples include back, neck, hand, brain, foot injuries, or Complex Regional Pain Syndrome (CRPS).
3. Permanent Work Restrictions: Are there any permanent restrictions on your ability to work?
4. Functional Capacity Evaluation (FCE): Have you undergone an FCE, and what were the results?
5. Impairment Rating: Did you receive an impairment rating, and if so, what was it and who provided it?
6. Return to Work: Have you returned to your normal job, and are you earning the same or more money?
7. Job Termination: Were you terminated or asked to leave your job due to your work injury?
8. Second Injury Fund: If you sustained a scheduled member injury (e.g., hand, arm, leg, foot, eye), did you previously have another similar injury that might qualify you for additional compensation under the Iowa Second Injury Fund Act?

These are just some of the key points to consider to determine if you are entitled to additional workman comp benefits.

What Can You Do Now?

It's important to keep all correspondence from the insurance company and all medical records related to your injury. Even if you don't have these documents, your attorney can obtain them from the insurance company at no cost under Iowa law. 

Reaching MMI: What Options Are Best For You

MMI, or Maximum Medical Improvement, is a term used when doctors believe your condition is unlikely to improve further. However, different doctors can have different opinions, and you are entitled to seek medical care on your own, though it might be at your own expense unless you obtain alternative medical care through the proper channels. You also have the right to a second opinion or an Independent Medical Examination (IME) under Iowa Code Section 85.39. The insurance company must pay for the IME, including travel and missed work time. Choosing the right doctor for your IME is crucial, as some doctors may be biased towards the insurance company. An experienced attorney can help you select the best IME doctor for your situation.

How Long Can You Be Out On Workers Comp?

Iowa does not impose a set time limit for receiving workers comp benefits. You can receive Temporary Total Disability (TTD) benefits as long as you are receiving medical care that is improving your condition and you have not reached MMI. 

Is My Job Protected While I Am Off Receiving Workers Comp?

Your job is not automatically protected while you are receiving workers comp benefits. If you qualify for the Family Medical Leave Act (FMLA), your employer can count your FMLA time (generally up to 12 weeks of leave) concurrently with your workers comp leave. If you exceed 12 weeks, your employer may terminate your employment. Additional protections may be available under state and federal laws such as the Americans with Disabilities Act (ADA) or through your union if applicable.

How Do I Qualify for FMLA?

To qualify for FMLA leave, you must work for a covered employer with 50 or more employees and have worked for the employer for at least 12 months, including 1,250 hours during the 12 months prior to starting the FMLA leave. If you meet these requirements, your job should be protected for up to 12 weeks.

What If I Am Fired After I Complete Medical Care?

If you are terminated during or after completing medical care for your workers' comp claim, it's vital to speak with a qualified work injury attorney. They can help protect your rights and ensure you receive the compensation you deserve.

Should I File for Unemployment?

If you are no longer receiving TTD benefits and have been terminated, it might be in your best interest to file for unemployment. However, you cannot receive TTD and unemployment benefits simultaneously. To qualify for unemployment, you must be ready, willing, and able to work. If your work credits are insufficient due to missing work while receiving TTD, the unemployment office should substitute those quarters with the quarters before your injury. If denied unemployment, contact a work comp attorney for assistance.

Should I Apply for Social Security Disability (SSDI)?

Deciding whether to apply for SSDI depends on various factors, including your age, the severity of your injuries, and your job search efforts. Applying for SSDI too soon can negatively impact the value of your workers' comp case, as it may indicate a lack of motivation to return to work. Additionally, the SSDI process can take several years, and it is generally more challenging to obtain SSDI if you are under 55. Consulting with an attorney before filing for SSDI is advisable to understand the potential implications for your workers' comp case.

In conclusion, if your workman comp case has been "closed" by the insurance adjuster, don't accept this as the final word. Seek professional advice to ensure you receive the full benefits and compensation you are entitled to under Iowa law.

Getting Legal Assistance In Wapello

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 Wapello 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.