Before you sign workers’ compensation settlement documents you really ought to speak with an attorney to ensure you’re getting the benefits you and your family deserve.  We get it, sometimes people think attorneys will swindle them or will take a nice chunk of the settlement for their fee.  Don’t let stories you hear about bad apple lawyers that are more the exception than the norm, prevent you from getting advice and service that can only help you.  Besides often times people who work w/ attorneys come out ahead.

Anyhow.

Just like any business insurance corporations want to make a profit – in order to do so they need to pay out as little in settlement money as possible.  So the initial settlement monies they offer you are just a low ball offer they throw out there in hopes you agree to it.

You see, this is a problem because most injured workers don’t know their rights under Iowa Workers’ Compensation Law.  In addition the amount of benefits one is entitled ot can vary greatly based on the injury and the worker’s situation.  There’s no one size fit’s all approach to this – every case is unique.

These reasons it’s highly doubtful that anyone who’s not an attorney with significant workers comp experience can determine if an offer is fair or not.

The sad truth is that injured workers accept these low ball settlement awards from corporations because they haven’t done their due diligence by having a qualified workers’ compensation attorney review their claim.

If you were hurt on the job we recommend downloading our guide as a first step, and requesting a legal consultation from there.

Iowa Workers’ Comp

Generally speaking, your employer at the time of injury will continue to be liable for paying for medical treatment.  However choosing to leave a job has consequences yo shoudl be aware of.

If you leave and take a similar job and use those same body parts doing similar work you’re old employer will quickly take the position that your new aggravated the old injury so that they are no longer responsible.

If you retire too soon that can also cut your workers compensation short, with your employer arguing that the reason for you leaving work was a life style choice and not related to the work injury.

This is way it’s usually advised that a worker return to work after the injury before retiring.

If you find you cannot tolerate your job because of the injury it is important that this gets stated to your employer in writing or email – so there’s proof this was communicated.

Under Iowa Workers’ Compensation Law, your employer or it’s insurance company chooses who provides medical treatment.  If you choose to get treatment from who you like on your own, that comes with consequences.  Remember, the entity that pays for treatment, chooses it.

If you refuse to see the doctor selected for you, then that means you may also not be paid workers’ comp benefits during that time.

Next, you will likely end up with unnecessary medical bills, as your employer or it’s insurance company will only pay for treatment it authorizes.  You taking it upon yourself to see a doctor would likely not be authorized by the party paying for treatment.

However you do have rights if you feel you are not getting proper medical treatment by the doctor that was provided for you.  In this case it would be advantageous to seek help from a qualified Iowa Workers Compensation Attorney who can work with you on filing a petition for alternate care with the Iowa Workers Comp Commissioner.

If you’ve been injured, and the injuries cause temporary or permanent disability, and you have not received the workers comp benefits to which you are entitled, you can then file a claim with the Iowa Work Comp Commissioner.

Under Iowa law there is a deadline to filing this claim – which is 2 years from the injury date.  If you miss this deadline you might lose out on getting disability benefits all together.  If you saw our last post, we emphasized keeping paper records of everything, we also recommend scanning and backing up that data on a computer or portable flash drive.

One of the most important things you can do is KEEP all of the documentation on file.  You do not want to lose any of this stuff, better to keep a few extra items around than toss something out you’ll need later.

Keep the envelopes they are addressed in because that is PROOF of the date it was mailed.  This can be beneficial because you’re supposed to be paid in a timely manner.  The stamp on the envelope is proof that payments are late.  If you are getting late payments, the envelope is your proof and is used to determine the amount of interest owed to you.

Fill out the contact form to request a consultation about your case, or download our workers comp guide for more tips like this.

In national news – “Congress might sharply cut workers’ compensation payments covered by the Federal Employees’ Compensation Act. The reductions would take place three years after enactment and, according to the Labor Department, hit about 18,600 people.”

This measure is part of postal reform being considered by the Senate.  Certain recipients may have payments reduced to 50% of their pre-disability wage – a big shortfall especially for those with serious injuries that prevent them from working.

Those excluded would be ones at retirement age or who have lost use of both limbs.

Download our legal guide for Iowa Workers Compensation - if you live in our state.

You’ve probably seen ads or sites that look like the small sample screen shot to the left.  Here’s a few problem with these sites.

1. They are done by 3rd party companies that are in the business of selling leads to attorneys.  This means you could be barraged by phone calls if they sell the lead to numerous attorneys.

2. If an attorney doesn’t have the resources (time, budget, know how) to effectively market online, it could indicate that they are very new to the field and depending on your case working with a newbie might not be a good idea.

3. Don’t you want information.  Essentially you are entering in your info and in exchange you get a call from a complete stranger who is supposed to have your best interests in mind.  Anyone can tell you anything, and certainly anyone can also put up a slick looking website.  When searching for an attorney online don’t request a call until you have gotten a sense of their expertise at working on cases like yours.

For more info on Iowa Workers Comp download our guide.

The Iowa Workers Compensation System is “No Fault.”  This means you can receive workers comp benefits even if the accident was not fault of your own.

If you intentionally nail your foot to the ground this is a different story.   If your injury is an accident it doesn’t matter if it was your fault, a co workers, or maybe a member of the public.  As long as you are performing work related duties, workers compensation should apply.

Download our guide for more info about Iowa Workers Compensation Law.

Under Iowa law, every employee has the right to file a claim for workers’ compensation benefits.  If your boss fires you for the sole purpose of filing a workers’ comp claim you can bring a wrongful termination suit against your employer for violating Iowa public policy.

If you believe you’re being harassed or mistreated for filing a workers comp claim, keep detailed notes on the situation and events and consult with an Iowa Workers Compensation Attorney.

To learn more about the Iowa Workers’s Comp System download our free guide.