How to Protect Your Workers’ Compensation Benefits in Iowa

Our Iowa Workers’ Compensation Lawyer Shares Essential Information for Injured Workers

All you want is to be treated fairly after a workplace injury. You want to get the workers’ compensation benefits allowed by Iowa law. While you aren’t seeking to profit from your injury, you don’t want to leave any compensation or benefits that you are entitled to on the table. Neither do we. An experienced Iowa workers’ compensation lawyer at Hupy and Abraham will work hard to get you the fair recovery you deserve.

The Insurance Company May Not Treat You Fairly After a Work Injury

Unfortunately, the insurance company doesn’t feel the same way that we do. The workers’ compensation insurer wants to pay you as little as possible for your claim. The less the insurance company pays out in benefits to you, the more the insurance company can retain in profits for its shareholders.

The insurance company has people working hard to achieve its goal of maximizing its profits, even if it means that you don’t get the workers’ comp benefits you deserve.

In one case, we helped a worker who fell off a forklift and broke his pelvis recover $175,000 after the workers’ compensation insurance company tried to deny his claim.

How to Protect Your Workers’ Compensation Benefits

You can protect your right to fair workers’ compensation by:

• Reporting your injury. You may have up to 90 days to report your workplace injury, but you don’t have to wait that long. Instead, notify your employer of your injury as soon as possible.
• Getting medical treatment. You should get medical care as soon as possible after your injury, attend all medical appointments, and follow your health care provider’s treatment plan. This includes not returning to work before your health care provider gives you the go-ahead.
• Understanding the value of your specific injury. Before you can fight to get the benefits you deserve, you must know what benefits you are entitled to by law. Benefits may include medical costs, a portion of your lost income, vocational training, and more. Your lawyer will review your injury claim and help you anticipate a reasonable dollar figure for your unique injuries.
• Keep detailed records. Maintain a file with all your injury and claim documents, including accident reports, medical records, expenses, correspondence with the insurer, and pay stubs showing lost wages. The more documentation you have, the stronger your claim for benefits.
• Don’t give a recorded statement. The insurance adjuster may ask you to provide a recorded statement about your accident and injuries. Politely decline, as these statements are often used to find inconsistencies and reasons to deny or limit your claim. Let your attorney handle communications with the insurer.
• Be cautious on social media. Insurance companies often monitor an injured worker's social media accounts to find evidence that undermines their disability claim. Avoid posting photos or updates about physical activities, and consider making your accounts private while your claim is pending. 
• Predicting what the insurance company might do. The insurance company may try to get you to sign a general medical release. It is important that you don’t sign anything before speaking with a workers’ compensation lawyer. Additionally, you should be prepared to be watched by the insurance company. An insurance company may stalk your social media accounts or even hire a private investigator to try to prove that you don’t have the injuries you claim.
• Working with expert witnesses, if needed. Your attorney will advise you as to whether an expert witness could help you prove the value of your workers’ compensation case. Vocational experts, medical professionals, and others may provide persuasive testimony about the value of your injuries.
• Understanding the different types of Iowa workers’ compensation settlements. Different types of settlements impact your rights in different ways. The type of settlement you reach could impact when you receive benefits and your future right to receive benefits, for example.
• Knowing when to appeal a workers’ compensation decision. If a settlement can’t be reached and a hearing results in an unfair workers’ comp award, you may be able to appeal the hearing decision.

Right now, this list may look overwhelming. However, you don’t have to do any of this alone. You have the right to work with an Iowa workers’ compensation lawyer who can advise you, help you value your claim, and handle your claim for you. After working Attorney Jason Abraham, one of our workers’ comp clients left us this review, “We just want to say thank you for all the work on Susan's case. We are so appreciative of how well you and your staff treated us. We will happily refer anyone we know who needs a lawyer to your firm and let everyone know how well we were treated.”

Know What You’re Fighting For: Iowa Workers’ Compensation Benefits

When you've been injured on the job in Iowa, it's important to understand the range of workers' compensation benefits that may be available to you. These benefits can provide critical financial support as you recover.

Medical Benefits

Under Iowa workers' compensation, your employer's insurance carrier is required to cover all reasonable and necessary medical expenses related to your work injury. This includes doctor visits, hospital stays, medications, medical equipment, and transportation costs to and from appointments.

Temporary Total Disability Benefits

If your work-related injury leaves you unable to work for more than three calendar days, you are entitled to temporary total disability (TTD) benefits. These weekly payments are calculated at 80% of your spendable weekly earnings, up to a maximum amount set by law each year. TTD benefits continue until you can return to work or your condition stabilizes.

Temporary Partial Disability Benefits 

If you are able to return to work after an injury but earn less than you did before due to restrictions, you may be eligible for temporary partial disability (TPD) benefits. TPD is calculated at two-thirds of the difference between your average gross weekly earnings at the time of injury and your actual earnings while temporarily working at the lesser paying job. These benefits are payable until you return to your regular job or are medically capable of doing so.

Permanent Partial Disability Benefits

When your work injury results in a permanent impairment but doesn't leave you totally disabled, you are entitled to permanent partial disability (PPD) benefits. PPD is calculated based on your impairment rating, which is a percentage assigned by your treating doctor. Higher impairment ratings result in higher weekly PPD payments and a longer payment period.

Permanent Total Disability Benefits

If your work injury leaves you permanently and totally disabled, meaning you are unable to return to any type of gainful employment, you are entitled to weekly permanent total disability (PTD) benefits. PTD is paid at the same weekly rate as TTD. Cost of living adjustments may increase your PTD rate over time.