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Our Guarantee to You:
If You Don't Learn Anything From Our Books and Reports Contact Us and We Will Donate $100 to in Your Name to the Iowa Civil Justice Foundation. |
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Examples of Unscheduled Member Injuries: |
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| Shoulder - Percentage based upon 500 weeks of available benefits. For example an 8% body as a whole shoulder impairment rating generally equals a minimum of 40 weeks of benefits. However, depending on many factors, including lifting and activity restrictions imposed, lost wages, etc. an 8% shoulder impairment rating could result in 100 weeks or more in benefits. |
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| Back - Percentage based upon 500 weeks of available benefits. For example a 10% body as a whole back impairment rating generally equals a minimum of 50 weeks of benefits. However, depending on many factors including lifting and activity restrictions imposed, lost wages, etc. a 10% back impairment rating could result in 120 weeks or more in benefits . |
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| Neck - Percentage based upon 500 weeks of available benefits. For example a 15% body as a whole neck impairment rating generally equals a minimum of 75 weeks of benefits. However, depending on many factors including lifting and activity restrictions imposed, lost wages, etc. a 15% neck impairment rating could result in 150 weeks or more in benefits
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| Brain & Mental Injuries -Percentage based upon 500 weeks of available benefits. Sometimes you will not receive an impairment rating for a brain injury or mental health injuries such as depression, anxiety or PTSD- post traumatic stress disorder. However, if you have a permanent condition which has impacted your ability to earn a living then you may be entitled to receive permanent disability benefits
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| Nerve Injuries - CRPS- Chronic Regional Pain Syndrome, RSD- Reflex Sympathetic Dystrophy - Even if your work injury is to a scheduled member, if you have been diagnosed with one of the above nerve injuries or another type of nerve injury then your case may be considered an injury to your body as a whole. D epending on many factors including your ability to work, lifting and activity restrictions imposed, lost wages, etc. you may be entitled to a percentage of 500 weeks of benefits. |
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| Respiratory and Circulation Injuries - These injuries include occupational asthma and injuries to arms or other body parts when the circulation has been affected like in Reynaud’s syndrome. |
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Examples of Scheduled Member Injuries: |
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Arm- 250 weeks, e.g. a 10% arm impairment equals 25 weeks of benefits.
Hand- 190 weeks, e.g. a 20% hand impairment equals 38 weeks of benefits.
Leg- 220 weeks, e.g. a 15% leg impairment equals 33 weeks of benefits.
Foot - 150 weeks, e.g. a 30% foot impairment rating equals 45 weeks of benefits
Fingers - Thumb- 60 weeks, 1st Finger- 35 weeks, 2nd Finger- 30 weeks, 3rd Finger- 25 weeks, 4th Finger- 20 weeks. For example, a 40% impairment rating to the 1st finger would equal 14 weeks of benefits. Please note that injuries to fingers may not count as an injury to a hand for 2nd injury fund or other purposes.
NOTE : If you do not know which category your injury fits into please contact us. Also, you may be entitled to additional benefits for a scheduled member injury depending on whether or not you have sustained previous injuries, etc. For example, you may qualify for 2nd Injury Fund benefits. |
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2nd Injury Fund: If you previously sustained a scheduled member injury (arm, hand, leg, knee, foot, eye, etc.) even if it was not work related, and then sustain a work related scheduled member injury you may be entitled to additional benefits under the Iowa Second Injury Fund Act. Please keep in mind that prior medical conditions such as arthritis, carpel tunnel, vision loss, etc. followed by a scheduled member work related injury may qualify you for additional benefits. If you think that you may qualify for the 2 nd injury fund, please give us a call and we can help you determine if you qualify
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| Permanent Total Disability: If you sustain an unscheduled member injury, injuries to both hands, arms or legs; or a qualifying 2 nd Injury and are no longer able to do any work, then you may be entitled to receive permanent total disability benefits which pay you a weekly benefit for the rest of your life. |
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| Death: Damages for the death of a worker are available for the wife, husband, and/or dependent children of the deceased. This can include a spouse if there was a common law marriage. Also, sometimes people who were not related, but dependent upon the deceased may recover. Damages are compensation for the lifetime of the beneficiary. |
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| Additional Disability Benefits: If Your Condition Worsens: You may be able to “re-open” your claim after an initial disability award if the injury worsens. The request to “re-open” your claim MUST BE MADE WITHIN THREE YEARS of the date on which you last received workers’ compensation disability benefits. |
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| Independent Medical Examination: Once the doctors have said that you will not make further improvement, you have reached MMI, you have the right to have an independent medical examination performed by a doctor of your own choosing for an impairment rating and permanent restrictions. There are several doctors that I will recommend depending on the nature of your injury. |
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(WARNING: THESE ARE GENERAL STATEMENTS AND NOT INTENDED AS LEGAL ADVICE. CHANGES IN THE LAW CONCERNING OCCUR FREQUENTLY. YOU SHOULD CONSULT WITH AN ATTORNEY CONCERNING YOUR PARTICULAR CASE.) |
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" YOUR RIGHTS "
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Call Now (800) 850-6617, ext. 811 (24 Recorded Hour Message) or Fill Out The Form Below To Have Our Book Mailed To You.
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WHAT ARE YOUR RIGHTS AS AN INJURED WORKER?
Iowa Law has recognized the needs of its injured workers for more than 80 years. The law requires every employer to obtain workers’ compensation insurance (or be approved as a self-insurer) to cover claims made by their injured workers. Even the best employer, however, is not likely to tell you all you need to know. |
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If you are injured in a work accident or suffer from an occupational disease at work, the law says you are entitled to receive the following benefits:
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Lifelong Medical Care:Your employer and/or their insurance company are responsible for paying for all medical care necessary to treat your work related injury. This includes all forms of care and treatment, whether hospital, medical, therapy, nursing, diagnostic testing, surgery, physical rehabilitation or pain management. However, generally your employer and/or their insurance company get to choose your medical providers. The right to medical care and treatment may continue for the rest of your life for conditions related to your work injury or occupational disease
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Right to Medical Treatment: You always have the right to seek medical care from any medical provider that you choose. However, please keep in mind that your employer and/or their insurance carrier will generally only pay for medical care that they have authorized or approved. Also, if you have health insurance they may reject the claim as being a work related condition. |
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Payment of Medical Care Including Mileage:
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Medical Expenses: Generally, your employer and/or their insurance company has to provide you with medical care and treatment. This includes them paying for all treatment that they offer to you. However, there are some circumstances that they can be held responsible for paying medical expenses that you incur with medical providers not approved by them. For example, if your work injury claim has been denied then they lose control over your medical treatment. If your injury is later determined to be work related then they would be responsible for the costs. There are other limited circumstances that you can seek medical care with a provider who is not approved and they will be required to pay for it. |
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Mileage Expenses: You are entitled to be reimbursed at the rate of $.505 per mile effective July 1, 2008 , for all mileage you incur going to and from doctors’ appointments, physical therapy visits, etc. |
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Right to Refuse Medical Care: You have the right to refuse any medical procedures or care that you do not want. For example, if the company doctor recommends surgery you do not have to proceed with surgery. However, please keep in mind that not proceeding with surgery may have an impact upon your case.
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Weekly Check While You Recover And Cannot Work: While you are healing and unable to work, you will receive weekly checks to replace your usual earnings. This applies to both if you are completely unable to work (known as TTD- temporary total disability benefits) or if you return to work, but are working less than 40 hours per week (known as TPD- temporary partial disability benefits). The amount of your weekly payment is called your “rate” which is discussed below.
Rate: The amount of your weekly payments, also known as your “weekly benefits”, is based upon your average earnings prior to the work injury, known as your AWW- Average Weekly Wage. If you are paid on an hourly basis, generally your rate will be based upon your average wages for a 13 week period prior to your work injury, excluding short weeks (weeks in which you did not work a full 40 hours). Your weekly rate is based upon your marital status, your number of exemptions, and your AWW- Average Weekly Wage multiplied times 80% of your spendable weekly earnings. There are both minimum and maximum rates for permanent disability benefits based upon the statewide average weekly wage. |
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Your rate is very important because it determines how much compensation you receive. For example, if you are owed 100 weeks of benefits and your rate is $252 then your total compensation is $25,200 paid weekly. However, if you are owed 100 weeks of benefits and your rate is $575 your total compensation is $57,500 paid weekly. Our experience is that in about 50% of our cases, the employer/insurance company has underpaid the employee by using a lower weekly rate than what is owed. That is why in every case we verify that you have been paid the proper rate as it can make thousands of dollars of difference. |
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Money for Permanent Disability: If your work injury or occupational disease causes a permanent disability also known as a permanent impairment rating or functional impairment rating, then you are entitled to money for the resulting disability. The amount of the benefits is based upon the body part(s) involved, the nature and extent of your disability and the amount of your average weekly earnings prior to your work injury. |
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" YOUR RESPONSIBILITIES " |
TIME MAY BE RUNNING OUT!!! WHAT ARE YOUR RESPONSIBILITIES?
The law imposes rigid time deadlines in which to file suit, provide notice or make claims for different types of actions. These time limitations can be as short as 90 days in certain types of cases. The failure to act timely to protect yourself can completely eliminate your right to recover!
(WARNING: THESE ARE GENERAL STATEMENTS AND NOT INTENDED AS LEGAL ADVICE. THERE ARE MANY EXCEPTIONS AND YOU SHOULD CONSULT AN ATTORNEY CONCERNING YOUR PARTICULAR CLAIM AND THE APPLICABLE STATUTE OF LIMITATIONS AND ANY AVAILABLE EXCEPTIONS SUCH AS IF THE INJURED PERSON IS A MINOR. ALSO, THE FILING OF A CLAIM OR SUIT SOLELY TO COERCE A SETTLEMENT OR TO HARASS ANOTHER COULD BE ILLEGAL AND COULD RENDER THE PERSON SO FILING LIABLE FOR MALICIOUS PROSECUTION OR ABUSE OF PROCESS). |
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| For the answers to these questions and more complete the following form and “ Iowa Workers' Compensation An Insider's Guide to Work Injuries, 7 Deadly Mistakes to Avoid If You Are Hurt At Work. ” will be sent to you right away. |
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Iowa Attorneys dedicated to protecting the rights of their clients with offices in Des Moines and Newton. We are located in Central Iowa assisting residents of including the cities of Sioux City, Council Bluffs, Des Moines, Fort Dodge, Ames, Cedar Rapids, Iowa City, Davenport, Dubuque, Waterloo, Newton, Adel, Pella, Knoxville, Montezuma, Indianola and Burlington
, and the communities that make up Woodbury, Pottawattamie, Polk, Webster, Story, Linn, Johnson, Scott, Dubuque, Black Hawk, Jasper , Marion, Poweshiek, Dallas, Warren, and Des Moines counties. However, our Iowa lawyers represent clients throughout the state. |
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Sponsored by Walker, Billingsley & Bair who practices Primarily in Personal Injury and Workers' Compensation and is Dedicated to Protecting YOUR Rights!!! © MMX Walker, Billingsley & Bair Phone: (888) 792-3595 Email: info@iowalegalinsider.com I Home I Injury Results and Verdicts I Attorney Blog I Testimonials I About I Books - Car Accidents - Car Insurance - Personal Injury - Criminal Law - Family Law / Divorce - Personal Injury Wrongful Death - Real Estate - Wills, Estate Planning Probate - Workers Compensation l Attorneys l Contact l Iowa Work Injury Lawyer Council Bluffs |
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