Tag Archives: Iowa

How Do Iowa Workers’ Compensation Permanent Benefits Work?

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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.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

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The 12 Things You Must Do If You are Hurt at Work

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Today’s post is by our colleague Paul J. McAndrew of Iowa. While almost all of his advice applies to both Iowa and Nebraska, in Nebraska, unlike Iowa, you can choose your doctor. In Iowa you must see a “Company Doctor.” Regardless of what state you are from, you should not hesitate to consult with a lawyer if you were hurt at work and have questions or concerns.

 

Not seeing a doctor chosen by your employer could negatively affect the validity of your work injury compensation claim.

Injured workers call me all the time asking me what they need to do to make sure they protect their legal rights.  If you are hurt on the job, whether it is due to an acute traumatic injury (like cutting yourself on a saw), cumulative-trauma injury (like carpal-tunnel syndrome) or some other job-related injury, there are several basic things you should do. If you do not do any of the things on the list below, you may lose your rights under Iowa’s workers’ compensation law.

Although there may be rare exceptions to this list,  following it will leave you reasonably secure that your rights are protected:

  1. Report the injury. By “injury,” I mean almost any condition including but not limited to (a) an acute traumatic injury, (b) a cumulative-trauma injury, or (c) a disease or a hearing loss. You should report the injury to your supervisor or company nurse (for clarity we’ll just call these people your Supervisor from here on out), making clear your injury was caused by work. Under Iowa law, you need to make the report within 90 days of the date of your injury.
  2. Make sure your Supervisor prepares a company accident report.  If your Supervisor won’t prepare the report, then you should write a letter stating the facts of your injury and give a copy of the letter to the Supervisor. Keep a record of when you gave the letter to your Supervior. If you can get him/her to sign a receipt for having received it, that’s even better.
  3. Get a copy of the accident report and keep it in a safe place. If you prepare a letter, keep a copy of it.
  4. If you are part of a collective bargaining unit you should (a) join the union if you are not already a member and (b) tell your steward that you were injured and that you reported your injury to your Supervisor.
  5. Keep notes of all significant contacts you have with anyone (including but not limited to supervisors, insurance company representatives and doctors) concerning your work injury.
  6. Under Iowa law you must and should get medical care through the doctor selected by your employer (we’ll call this person the Company Doctor). Don’t get frustrated if you are denied care. Keep demanding proper care through the Company Doctor. If you go to your own doctor, you can make it look like you believe your injury was not caused by work. Also, under Iowa law your employer may not be required to pay for care you get from a doctor you choose.
  7. Tell the Company Doctor clearly and in great detail how your work caused your injury. If you do not think that the Company Doctor is caring for you properly or has not taken careful notes on how your work caused your injury, then give the doctor a written statement of how your work caused you injury and keep a copy of that statement.
  8. Follow all medical directions. If you don’t, your employer may argue that you chose not to get proper care and purposely stayed sick so you did not have to go back to work.
  9. If the doctor recommends you not do certain things at work, get the doctor to write that down and get at least 2 copies, one for the Supervisor and one for you to carry at work.
  10. Make sure that the doctor sends all bills to your employer for payment.
  11. If your employer and/or insurance company denies your medical care or the Company Doctor does not provide effective care, you have a right to seek effective medical care.  You do this by first demanding the employer and/or insurance company provide effective care to you.  If you are denied, you then need to file an “Alternate Care Petition” seeking an order from the Iowa Workers’ Compensation Commissioner that you be provided the effective care.  You can get a copy of the Petition at: http://www.iowaworkforce.org/wc/forms/14-0011altcarefillable.pdf. You should consult a lawyer if you are denied proper and effective medical care for a work injury.
  12. If you miss work because of a work injury, your employer may have a right to a 3-day “waiting period” before starting to pay you money benefits.  If your employer does not start to pay you after 3 days have passed, you should demand payment. If you are denied payment of money benefits for time missed from work because of a work injury you should consult a lawyer. You have a right to be paid money benefits in a timely manner – which means on the same day each week.  If that does not happen, you may have a right to a “penalty” benefit payment equaling up to 150% of the money benefits owed and not timely paid.

 

 

Image: Maggie Smith / FreeDigitalPhotos.net

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The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

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