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Wertz Law Firm, P.C. Experienced. Knowledgeable. Dedicated.

We Work Hard For Injured Workers

Workers’ Compensation Lawyers Fighting For The Benefits You Deserve

More than a century ago, the Iowa legislature created the workers’ compensation system. Their goal was to ensure people who suffered injuries on the job were appropriately compensated for their losses. Today, there are three general types of benefits available to injured workers: medical care, healing period benefits and permanency benefits.

If you have been injured at work – regardless of who is at fault – you have the right to compensation. Unfortunately, some employers and insurance companies want to make it as difficult as possible for you to claim the benefits you are legally entitled to. For this and other reasons, it can be very helpful to work with a skilled attorney like ours at Wertz Law Firm, P.C.. Our attorney is an injury lawyer in Cedar Rapids who has successfully advocated for injured workers in disputes with hundreds of employers and insurers across Iowa. We want to advocate for you, too.

Table Of Contents:

What To Know About Seeking Medical Care And Benefits After Your Injury

If you’re injured, be sure to report that injury to your employer as soon as possible. Reports must generally be made within 90 days of the event. There are, however, several factors that may extend that 90-day requirement. For example, if your injury develops over time or you don’t recognize the extent of an injury, you still may be able to claim benefits.

If your injury is work-related, your employer and its insurer are responsible for paying for all medical treatment recommended by physicians, including any diagnostic tests or prescription medications. However, these two parties may choose the physician who provides initial treatment for your injury, and you must see an authorized physician in order to have your medical bills covered.

Understanding Available Monetary Benefits

In addition to the right to medical care, there are four types of monetary benefits an injured worker may be owed. They may include:

  • Temporary total disability: If an employer-approved physician restricts you from working for more than three days due to your injury (even nonconsecutive days), you are entitled to temporary total disability benefits. Once you have missed more than three days due to the physician’s restrictions, the employer or its insurance company should begin issuing you a workers’ comp check on a weekly basis.
  • Temporary partial disability: You are entitled to these benefits when your employer returns you back to work following an injury or you are making less money on “light duty” than before your injury.
  • Permanent partial disability: When you complete your medical treatment but you have not fully recovered from your injury, you may be entitled to permanent partial disability benefits. If you still have symptoms or limitations as a result of your injury, you should be evaluated by the employer’s physician for a functional impairment rating.
  • Total disability: If your work injury prevents you from returning to full-time employment, you may be entitled to total disability benefits. In such a case, you should receive weekly compensation for the rest of your life. However, employers and insurance companies never provide this compensation voluntarily.

The different kinds of workers’ compensation benefits depend upon your circumstances. The weekly benefit amount will depend on your wages prior to your injury.

What Will Your Weekly Benefit Amount Be?

If you’re injured, your weekly benefit amount (WBA) is an extremely important factor in your workers’ compensation claim. Except in rare circumstances, the WBA is what you’ll receive on a weekly basis for both your healing period and permanency benefits.

As long as the amount is calculated correctly, it is not subject to change, and no cost of living increase is included. Because the WBA is such an important factor, it is critical the amount be properly calculated the first time.

According to the workers’ compensation statutes, there are numerous ways weekly benefits can be calculated. Unfortunately, we often discover the WBA has been miscalculated for our clients. These miscalculations by the insurance company can shortchange injured workers by several dollars, or even hundreds of dollars, per week.

Due to the importance of a proper weekly benefit calculation, we recommend you review the calculations with an injured worker attorney experienced in Iowa workers’ compensation and in calculating benefits.

What Do You Do When Employers And Insurers Don’t Act In Good Faith?

One common problem is that employers may not “authorize” you to see any doctor after an injury. Another issue occurs when a company doctor recommends a certain treatment, but the employer or insurance company will not authorize that treatment. This routinely happens when doctors order additional testing, prescribe medication or refer injured workers to a specialist.

If you haven’t been authorized to see any doctor, or the care recommended by the company doctor is not being promptly provided, reach out to our attorneys so we can help you resolve these problems as soon as possible. In the meantime, document everything you can. Save all your paperwork, receipts, bills and email correspondence. The more information you have, the stronger your case.

You Can Be Reimbursed For Mileage

If your work injury is not being disputed by your employer, you are entitled to reimbursement for travel expenses related to your treatment. This typically involves payment based on the number of miles traveled to and from medical and physical therapy appointments. Frequently, injured workers are told that because they are only traveling a short distance for their appointment, they are not entitled to workers’ compensation mileage reimbursement. This is not true. If the employer or insurance company is not paying your mileage expenses, this may mean there are other benefits you are being denied as well.

Sometimes, an injury or medication will prevent an injured worker from driving themselves to and from appointments. If this is the case for you, the employer or insurance company must provide you with transportation to and from medical appointments and, in some cases, to and from any light-duty work you are being offered.

Answering Your Frequently Asked Iowa Workers’ Compensation Questions

Workers’ compensation is a vital system designed to provide financial support and medical benefits to employees who sustain work-related injuries or illnesses. If you’ve been hurt on the job, understanding your rights and the process for filing a claim can be overwhelming. At Wertz Law Firm, P.C., our dedicated workers’ compensation – sometimes called workmens’ compensation – attorneys have over 60 years of combined experience in helping the injured workers of Cedar Rapids get back on their feet.

Wertz Law Firm, P.C., aims to provide clear and concise information to help guide you through the workers’ compensation process, from reporting an injury to receiving benefits and returning to work. To get started, here are some answers our clients often want:

How long do I have to report my injury?

Iowa law says employees have 90 days to report their injury or approximately three months for common injuries. There may be some cases where you get more than 90 days. However, this can depend on the circumstances. For example, you may have more time to file an injury claim if your injury symptoms gradually develop over time.

Does my injury have to be sudden to receive workers’ compensation?

Workplace injuries do not have to be sudden or catastrophic for you to receive workers’ compensation benefits. Workplace injuries can be sudden or random through a slip-and-fall accident, equipment malfunction or other situations. Cumulative injuries or repetitive stress injuries are typically injuries that build up over time. They can include, but are not limited to:

  • Carpal tunnel syndrome
  • Tennis elbow
  • Trigger thumb
  • Tendinitis
  • Shin splints
  • Back injury
  • Shoulder injury
  • Knee injury

We can help you make a strong case for your workers’ compensation claim. Call 319-774-2687 to speak with one of our attorneys today.

Can an insurer deny my claim because of a preexisting condition?

A preexisting condition does not immediately exclude you from obtaining workers’ compensation for your injury. If the duties and motions you perform at work aggravate your preexisting condition, you likely have a valid workers’ compensation claim.

Can I have my own doctor evaluate my injury?

While you can go to your doctor, you often have to pay for those visits yourself. In Iowa, if you want your workers’ compensation-related doctor’s visits covered, you have to see a provider chosen by your employer or their insurer. However, if the advice and treatment they offer aren’t helping you recover, you may be able to request a different one.

How much is the average workers’ compensation check in Iowa?

Workers’ compensation pay in the Hawkeye State is around 66% of a worker’s earnings. Learn more about how those earnings are calculated and determined by watching this video from our attorney, Mindi Vervaecke.

How long do workers’ compensation benefits last in Iowa?

The duration of workers’ compensation benefits in Iowa varies depending on the nature and severity of the injury. For workers’ comp Iowa claims, benefits typically last until the employee reaches maximum medical improvement (MMI) or returns to work. In cases of permanent disability, benefits may continue for an extended period or even for life. It’s important to note that there are different types of benefits, including:

  • Temporary total disability (TTD): Lasts until the worker can return to work or reaches MMI
  • Permanent partial disability (PPD): Duration depends on the body part affected and the extent of impairment
  • Permanent total disability (PTD): May last for the worker’s lifetime

For specific information about your case, such as what to do if you have multiple injuries, consult with a skilled Iowa workers’ compensation attorney.

What are the most dangerous industries in Iowa?

When it comes to workplace injury questions, it’s crucial to understand the industries with higher risks. In Iowa, some of the most dangerous industries include:

  1. Construction: Common construction injuries involve falls, struck-by incidents and equipment-related accidents.
  2. Agriculture: Farming accidents often involve heavy machinery and livestock.
  3. Manufacturing: Manufacturing injuries can include repetitive stress injuries, machinery accidents and exposure to harmful substances.
  4. Meatpacking: Meatpacking injuries are prevalent due to the use of sharp tools and repetitive motions.
  5. Transportation: Truck drivers and other transportation workers face risks of vehicle accidents and loading/unloading injuries.
  6. Health care: Nurses and other health care workers are at risk for back injuries, needlestick injuries and exposure to infectious diseases.

Understanding the potential risks associated with these industries is crucial for all Iowa employees. Many of these industries also face similar injuries such as tinnitus/loss of hearing due to prolonged exposure to loud machinery noise or serious injuries to the limbs from using those machines. Filing a workers’ compensation claim can help you seek the help you need after an injury.

Can I get compensation for an injury sustained on the way to or from work?

Generally, injuries sustained while commuting to or from work are not covered under workers’ compensation in Iowa. This is known as the “going and coming” rule. However, there are exceptions to this rule, which may allow for compensation:

  1. If you were performing a work-related task during your commute
  2. If you were traveling between work sites
  3. If you were on a business trip
  4. If your employer provides transportation as part of your job

For helpful information on workers’ compensation regarding commute-related injuries, consult with a workers’ comp attorney to determine if your specific situation qualifies for benefits.

Does my injury need to be physical in order to claim workers’ comp benefits?

No, your injury does not need to be purely physical to claim workers’ comp benefits in Iowa. Mental health conditions and emotional injuries can also be covered if they are work-related. Some examples of nonphysical injuries that may be eligible for workers’ compensation include:

  1. Depression/mental health issues resulting from workplace stress or trauma
  2. Post-traumatic stress disorder (PTSD) from a workplace incident
  3. Anxiety disorders related to work conditions
  4. Emotional distress caused by workplace harassment or discrimination

Additionally, some physical injuries may have associated mental health components, such as depression following a severe injury or chronic pain condition. When filing a workers’ compensation claim for mental health issues, it’s essential to provide strong medical evidence linking the condition to your work environment.

What are healing period benefits in Iowa?

In Iowa, there are benefits called “temporary total disability” (TTD). These benefits are provided to workers who are unable to continue working while they recover from a work-related injury. They are the financial support you need while you recover.

What is a “maximum medical improvement”?

The concept of “maximum medical improvement” is the point when your doctor determines that you cannot improve anymore from an injury. This is a major consideration for disability. If your doctor states that you have reached maximum medical improvement and you are still unable to perform your job duties, then the next step is filing for disability. However, that can be more complicated than it needs to be.

Can I go back to work while I heal?

Your ability to work while you heal depends on your health, your doctor’s recommendations, the work you do and the ability to be accommodated. If there is a “light duty” that keeps you away from reinjuring yourself, it’s possible. However, if your doctor is fully against your return to work, it’s best to follow that order.

When I’m on workers’ comp, does my employer pay my bills or will I be reimbursed?

When you are on workers’ compensation, your employer’s insurance typically covers medical expenses related to your injury. You should not have to pay these bills out of pocket. However, wage replacement benefits like TTD are paid directly to you to compensate for lost wages, rather than your employer reimbursing you for bills.

Contact Us Today For A Free Consultation

Wertz Law Firm, P.C., offers free initial consultations, and we take workers’ compensation cases on a contingency fee basis. That means you owe no legal fees until and unless we help you claim benefits. To speak with one of our skilled and caring attorneys about your options, call our office in Cedar Rapids, Iowa, at 319-774-2687. You can also reach out online.