Iowa’s workers’ compensation laws classifies permanent injuries to the neck, back, shoulders or hips are as unscheduled, or body as a whole, disabilities. Most other injuries are treated as scheduled member injuries, for which an injured worker can still recover permanent partial disability (PPD) benefits.
A permanent partial disability is a permanent injury that does not totally keep the injured person from eventually returning to work.
How is my percentage of disability determined in Iowa scheduled member cases?
This is initially determined by a doctor chosen by your employer or your employer’s insurance company. The doctor typically looks at a medical text to determine what percentage is appropriate. If that physician assigns you a rating of permanent disability that you think is too low, you have the right to be examined by another doctor whom you choose. The cost of this second opinion is also paid by your employer or their insurance company. However, you must first submit an application to the Iowa Workers’ Compensation Commission to get this second opinion.
How much will I receive in permanent partial disability payments?
The amount of money you receive as a PPD benefit payment depends on several things. First, your average weekly income before the accident or injury affects the amount of your weekly benefits. Injured workers receive 80 percent of their previous weekly pay, up to a maximum benefit amount of $1,419 each week. All workers entitled to PPD benefits will receive a minimum weekly payment of $270, even if their weekly earnings were lower than that amount.
Second, the amount of your disability also affects the amount of benefits. Scheduled members are assigned a number of total weeks by statute. You simply apply the percentage of disability assigned by the doctor to the total weeks. The result is how many weeks the worker must be paid the full weekly benefit.
How is my percentage of disability determined in Iowa body as a whole cases?
Body as a whole injuries have a different compensation package. An injured worker with a permanent body as a whole injury receives a maximum of 500 weeks of PPD benefits. You will receive benefits according to the lost earning capacity. For example, if a back injury left you with a 15 percent earning capacity loss, you will receive benefits for 15 percent of the 500 weeks, or 75 weeks at the full weekly rate discussed above.
When determining the percentage of lost earning capacity, the Commissioner will weigh a number of factors:
- age of the worker;
- the employer’s ability to accommodate a return to work;
- lack of motivation to find a job;
- whether the earning capacity changed after the healing period;
- psychological conditions impacting ability to work;
- employee’s work experience, educational background, and training before the injury;
- functional impairment or impairment rating caused by injury;
- whether the worker can speak English or has tried to learn English;
- inability to engage in other employment because of injury, despite making bona fide efforts to do so;
- has the worker retired; and
- workers’ refusal to submit to medical treatment or surgery.
None of the factors are determine the issue alone, and all factors will be considered as a whole when determining the earning capacity rate. Typically, a vocational counselor must be hired to evaluate these factors and how they impact a workers’ earning capacity. Anyone with permanent restrictions from a work injury should contact an attorney to ensure they receive all of the permanent benefits to which they are entitled.
Whole body injuries can affect the rest of your life and be incapacitating. The attorneys at Rehm, Bennett & Moore can make sure you receive all of the benefits you are owed, which includes fair compensation for your injury. Contact our office at (800) 736-5503 to set up your free initial consultation with one of the attorneys licensed to practice in Iowa. Find out more about the practice at www.rehmlaw.com.