Wellman Workers Compensation Attorneys

The legal hurdles after a workplace injury can be overwhelming. Our workers' compensation attorneys are here to help. With steadfast dedication and specialized skills, our team is committed to advocating for the rights of injured workers. We ensure you receive fair treatment and rightful compensation, allowing you to focus on getting better.

Iowa law provides robust protections for injured workers, but navigating the system can be complex. Whether you're dealing with light duty, facing time limitations for claims, or hearing that your case is "closed," it's essential to know your rights and the steps you should take to ensure you receive the benefits you're entitled to.

Can I Be Fired While on Light Duty?

In Iowa, most employees are considered "at will," meaning they can be terminated at any time for any reason or no reason at all, unless they have a written employment contract. However, union members can file a grievance to try to regain their job, and employees whose termination violates employment laws like the ADA (Americans with Disabilities Act) or FMLA (Family Medical Leave Act) can file complaints with the EEOC (Equal Employment Opportunity Commission) or Iowa Civil Rights Commission.

If you find yourself on light duty and facing termination, consult an attorney who is qualified to handle both workers' compensation and employment law cases. This dual expertise can help navigate the intricacies of both legal areas and protect your rights effectively.

Tips for Your Workers’ Compensation Claim

Do Not Leave Your Job Voluntarily

Quitting your job while a workers' compensation claim is pending can have severe financial repercussions, including a reduction in the value of your claim and potential ineligibility for unemployment benefits and weekly work comp checks. If your employer wants you to leave, make them fire you instead, as this can strengthen your claims.

Impact of Being Fired on Light Duty

Being fired while on light duty can significantly impact your workers' compensation case. If you're terminated for "cause," the insurance company might deny paying you TTD (temporary total disability) benefits while you're on restrictions before reaching MMI (maximum medical improvement). However, Iowa attorneys can challenge these denials, often successfully reinstating benefits and securing penalties for the insurance company for improper denial.

Filing for Unemployment

Avoid filing for unemployment immediately if your TTD request is denied. You cannot receive both TTD and unemployment benefits simultaneously. However, with proper legal guidance, you may eventually receive unemployment and PPD (permanent partial disability) benefits together. The legal requirements for this are specific and complex, so consulting with an experienced attorney is crucial.

If you've missed work quarters while receiving TTD, you can appeal to have the correct quarters used to qualify for unemployment benefits. An attorney who handles both workers' compensation and unemployment claims can be invaluable in these situations, helping to increase the value of your workers' compensation case and securing additional income sources.

Time Limitations for Iowa Workers' Compensation Claims

Understanding the time constraints for filing workers' compensation claims is crucial to ensure you receive the benefits you're owed.

Reporting Your Injury

You must report your injury to your employer within 90 days of realizing it was work-related, as stated in Iowa Code Section 85.23. Immediate reporting of traumatic injuries enhances your claim's credibility and increases the likelihood of receiving benefits.

Filing a Petition

Under Iowa Code Section 85.26, you generally must file a petition within two years of your injury date. Exceptions exist, such as extending the period to three years from the last weekly benefit check if you've received weekly workers' compensation benefits. Consulting an attorney within the two-year window can help you explore potential exemptions and protect your rights.

Deadlines After Approval

If entitled to disability benefits but not receiving checks, file a claim with the Iowa Workers' Compensation Commissioner within two years of the injury date. If receiving regular disability benefits, file within three years from the last benefit check. Missing these deadlines can result in benefit denial, so keeping detailed records and timely filings is essential.

What Does It Mean When Workers' Compensation Closes Your Case?

Insurance adjusters often tell injured workers their case is "closed." This statement can be misleading. In Iowa, workers are entitled to lifetime medical benefits for work injuries, despite the insurance company's assertions. Always verify with a qualified attorney if you are owed more money or additional benefits.

Are You Owed More Money?

Factors to consider include:

1. Injury date and last workers' comp check.
2. Type of injuries sustained.
3. Permanent work restrictions imposed.
4. Functional Capacity Evaluation (FCE) results.
5. Impairment rating and the issuing doctor.
6. Current job status and earnings compared to pre-injury.
7. Termination or job loss due to injury.
8. Eligibility for additional compensation under the Iowa Second Injury Fund Act for multiple scheduled member injuries.

Steps to Take Now

During your workers' compensation case, keep all correspondence from the insurance company and medical records from your providers. If you don't have these documents, your attorney can obtain them from the insurance company at no cost under Iowa law. A qualified and experienced Iowa workers' comp attorney can help determine if you're owed additional benefits and guide you through the process of securing them.

Getting Legal Assistance In Wellman

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 Wellman 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.