Workers’ Compensation

Our attorneys are experienced in this area of law and we know how to help injured workers. There is no risk in contacting us because we will only agree to take your case if we believe we can help you recover money that you would not be paid without legal representation. You will not pay us any money unless we collect money that you would not have collected on your own.

Here are questions that we are commonly asked by injured workers:

Do I Have a Work Injury That Is Covered by Work Comp?

ANSWER: If your injury occurred at work, you probably have a work comp claim. This is true even if your injury occurred in the employer’s parking lot. You also have a work comp claim regardless as to who is at fault for the injury. We advise to contact an experienced work comp attorney if you are unsure as to whether you have a work comp claim.

What Should I Do if I Am Injured at Work?

ANSWER: You should immediately report the injury to your supervisors and request to seek medical care. As part of this, you should complete an incident report. You should not wait to report an injury that occurred at work.

Do I Get Paid While I Am off Work Because of a Work Injury?

ANSWER: Yes. Temporary Total Disability “TTD” is paid while you are treating and off work. After a 3-day waiting period, work comp begins paying weekly benefits. The first 3 days of the waiting period become payable if you are disabled for 14 days or more. The weekly benefits are approximately 80% of your earnings after taxes or 60% of your gross earnings.

Do I Have to Return to Work While I Am Healing and on Light-Duty Restrictions From My Doctor?

ANSWER: Yes, if your employer has offered you suitable work within your restrictions. Turning down an offer of suitable work will result in weekly benefits being stopped. However, if the work comp doctor restricts you from all work or your employer cannot accommodate the restrictions, then you will receive weekly benefits while you recover.

What Do I Do if My Employer Is Having Me Do Work Outside of My Work Restrictions While I Am Healing?

ANSWER: You should let your employer know immediately that the work is outside of your restrictions. Iowa law requires you to report this in writing to your employer.

If your employer does not offer work within your restrictions, then you will receive weekly benefits while you recover. If your employer offers work but the work is outside of your restrictions, you should let your employer know immediately that the work is outside your restrictions.

Do I Get Work Comp Money if I Am Working Limited Hours While I Am Healing and on Light-Duty Work?

ANSWER: Yes. Temporary partial disability “TPD” is paid when you return to work but you are earning less than you were before the injury. The amount of TPD paid is calculated by taking your current gross weekly earnings, minus your pre-injury Average Weekly Wage, and multiplied by two-thirds.

When Do My TTD Benefits and TPD Benefits Stop Being Paid?

ANSWER: TTD benefits end when you return to work, or when you are medically capable of returning to work, or when you reach maximum medical improvement “MMI”. TPD benefits generally end when you reach MMI

Do I Get to Select My own Doctors?

ANSWER: No. Under Iowa law, the work comp carrier controls medical care including selecting your own doctors and authorizing medical care. You may seek alternative medical care if work comp is not providing reasonable medical care.

What Do I Do if I Do not Like the Medical Care I Am Receiving From Work Comp?

ANSWER: You may have grounds for alternative medical care. You should contact an experienced work comp attorney if you do not feel the medical care is reasonable or the medical care is being unreasonably delayed.

What Is Maximum Medical Improvement “MMI”?

ANSWER: MMI is when an injury stabilizes and is unlikely to improve. Reaching MMI is an important time in your work comp case and you should contact an experienced work comp attorney if you have not contacted one already.

What Happens in My Work Comp Case After MMI Is Reached?

ANSWER: This is when you your case generally changes from the healing period phase to the permanent injury phase. The work comp carrier should get an impairment rating and make voluntary payments based on the impairment rating. This is also when your case may be ripe for settlement.

What Are Permanency Benefits or “PPD” Benefits?

ANSWER: PPD benefits commence upon reaching MMI and the extent of your loss or percentage of permanent impairment can be determined. This occurs generally when your healing period ends and work comp. At this time, work comp should get an impairment rating and pay money benefits based on that impairment rating. 

What Is The Impairment Rating?

ANSWER: The impairment rating is a percentage assigned by a doctor that measures the severity of your physical or mental impairment caused by the work injury. Iowa law uses the AMA Guides to the Evaluation of Permanent Impairment, Fifth Edition to determine impairment ratings.

Do I Get a second Opinion on the Impairment Rating?

ANSWER: Yes. Under Iowa law, you are entitled to a second opinion if you believe the impairment rating by work comp is too low. This is referred to as an 85.39 IME. The work comp carrier is responsible for paying the reasonable costs of this second opinion. Most doctors will not do 85.39 IMEs and these IMEs can be expensive. The doctor who does the IME should draft the report to certain standards as required by Iowa law and the Iowa Division of Workers’ Compensation. You should contact an experienced work comp attorney before getting the 85.39 IME.

Do I Have a Case if the Work Comp Carrier Denied by Claim As Being Unrelated to Work?

ANSWER: Maybe. Work comp will deny legitimate claims for all kinds of reasons. Some common reasons are that you have a pre-existing condition or that you have returned to baseline. Our attorneys handle cases that have been denied and will consult with you about whether you have a case that is worth pursuing. We encourage you to contact us if your case has been denied.

How Much Is My Work Comp Case Worth?

ANSWER: We need to learn more about your case before assigning a value. The value of a work comp case depends on numerous factors including the body parts that were injured, the impairment ratings, the permanent work restrictions, earnings before and after the injury, and whether you are still employed with the same employer. Other factors may include age, education, and work history. Whether you qualify for the Second Injury Fund is also a factor. 

These are just some of the most frequently asked questions we receive while handling Iowa work comp claims. We are glad to answer your question and to schedule a free initial consultation. We will not pay attorney fees out of pocket and attorney fees are only paid based on money that is collected by our efforts.  We encourage you to contact us at our office in Dubuque, Iowa so that we can help you with your work comp case.