Tyler & Associates, PCBettendorf Iowa Lawyer | Quad Cities Attorney2024-03-04T20:22:33Zhttps://www.ltylerlaw.com/feed/atom/WordPressOn Behalf of Tyler & Associates, PChttps://www.ltylerlaw.com/?p=470162024-01-03T20:20:53Z2024-01-03T20:20:53ZGetting back to work may involve accommodations
Employers with workers in need of benefits due to job-acquired injuries usually need to accommodate those workers. The physician overseeing the worker's care may recommend certain types of treatment. They may also impose limitations on someone's work functions. Doctors can even request accommodations ranging from assistive technology and regular breaks while working to a change in job functions. Typically, if a worker has persistent symptoms, their employer will need to accommodate them if the support they require is reasonable.
The worker may receive ongoing medical care
Medical benefits obtained through Iowa workers' compensation often end when someone achieves maximum medical improvement or returns to work. However, any persistent symptoms may make a worker eligible for ongoing benefits. People can receive medical coverage for physical therapy or pain management even after they return to work or cease undergoing active treatment for their condition.
If a combination of ongoing medical benefits and accommodations cannot get someone's symptoms under control, then they may need to consider changing professions and possibly pursuing permanent disability benefits. When someone's health challenges create lasting functional limitations, they may qualify for ongoing benefits until they reach retirement age. Medical care benefits may last even after that point in some cases.
Recognizing that a return to work does not automatically end all workers' compensation benefits may help those worried about supporting themselves and their families after a recent injury on the job.]]>On Behalf of Tyler & Associates, PChttps://www.ltylerlaw.com/?p=470152023-11-29T01:51:42Z2023-11-29T01:51:42Zworkers’ compensation benefits are fairly limited in nature. If your injury is severe, workers’ comp may not cover all the associated expenses you have, and there’s a cap on how much you can recover in lost wages. Plus, workers’ comp does not pay for any non-economic damages, such as your pain and suffering or the loss of enjoyment of life.
Can you sue to obtain additional compensation?
It may be possible to press a third-party claim
With few exceptions, workers’ compensation is an injured employee’s only recourse against their covered employer. That is by design. In order to give injured workers fast access to medical care and some financial stability, the trade-off is that employers are indemnified even when they were negligent.
However, you do have the right to bring a personal injury claim in civil court against any additional party who may have caused or contributed to your accident. This is called a third-party claim and it operates independently from your workers’ comp claim.
Some examples of when a third-party claim might be appropriate include situations like:
You were working on a construction crew and a passing motorist was talking on their phone and hit you, causing your injuries. You could pursue a claim against the motorist for negligence.
You were walking through your office and a delivery person wasn’t watching where they were going and knocked into you with a cart, causing you to fall. You could potentially sue the delivery company for their employee’s negligence.
You were making deliveries to someone’s home, and they failed to warn you that the steps to the porch were broken, so you fell through and got hurt. The homeowner may be liable for your injuries.
When you’re injured and unable to work, the last thing you want to do is let an opportunity for fair compensation pass you by. Learning more about third-party claims and workers’ compensation can help you to make informed decisions about your rights and options under the law.]]>On Behalf of Tyler & Associates, PChttps://www.ltylerlaw.com/?p=470142023-11-15T01:33:32Z2023-11-15T01:33:32ZWorkers' compensation can help with burial expenses
Contrary to what many people believe, families don't automatically have to absorb the cost generated by a fatal incident on the job. They can turn to Iowa workers' compensation for several different, valuable forms of coverage. Workers' compensation can help cover the costs of any medical care someone required before they died. There will also be death benefits that help replace their income. Provided that someone has a surviving spouse or children, such benefits can make a major difference to the household after an unexpected work incident.
There are also benefits that apply to burial costs. The current rule for burial expenses does not impose a set amount. Instead, employers or their workers' compensation insurance companies will need to cover reasonable burial expenses. The state currently defines reasonable as no more than 12 times the average weekly wage in the state at the time of someone's death. As of 2023, the average weekly wage reported in Iowa is $1,040.56. Therefore, the maximum amount an employer would likely pay for funeral expenses would be $12,486.72.
Managing a claim while grieving is hard
Navigating the workers' compensation system in Iowa is difficult even when the injured worker is the one seeking benefits. When people dealing with the psychological trauma of a sudden loss have to file a claim, the process can be incredibly difficult to manage. As a result, seeking legal guidance can make a major difference for those grieving a loved one due to an incident at their place of employment.]]>On Behalf of Tyler & Associates, PChttps://www.ltylerlaw.com/?p=470132023-10-30T12:33:41Z2023-10-30T12:33:41ZThey can expect to return after leave
Even if an employer does not offer paid leave, workers should be able to take time off to recover from an injury or medical condition caused by their job responsibilities. Provided that there are medical recommendations for a specific amount of leave, employers should generally allow a worker to take a leave of absence until they are fit to return to work.
Their workers' compensation benefits can provide them with disability pay until they have healed enough to resume their work. Particularly when the business is large enough to absorb the cost of bringing in temporary help or moving workers from one department to another, workers should be able to rely on taking time off during their workers' compensation claim if doing so is necessary for their recovery.
They can request reasonable accommodations
Some workers don't need to take more than a single day away from work if their employer can make some changes for them. Some injuries may necessitate assistive technology. Other times, workers may need to move to a different position to prevent worsening a repetitive stress injury. Companies could also provide work-from-home opportunities or make adjustments to someone's job, such as allowing them to sit during their shift, which will lead to a better medical outcome.
Provided that the accommodations are reasonable and directly relate to a medical professional's instructions, workers should be able to trust that their employers will help them get back on the job when they are capable of doing so. Unfortunately, some employers will be unable or unwilling to cooperate with those hurt on the job.
Knowing the basic ways in which employers should seek to work with injured employees can help people better assert themselves during a workers' compensation claim.]]>On Behalf of Tyler & Associates, PChttps://www.ltylerlaw.com/?p=470122023-09-22T14:55:36Z2023-09-22T14:55:36Zyour employer generally has the right to pick your workers’ comp medical provider (with exceptions for emergencies, of course) – so long as that provider is reasonably suited to the kind of injury that you have.
Unfortunately, the chosen medical provider has a great deal of control over both your health and the future of your workers’ comp claim. They decide what treatment you need, what specialists you see, what physical therapy you have to have, when you can return to work and what restrictions you will have once you do – so a conflict with your physician can be a very big deal, indeed.
If you’re unhappy with the care you’re receiving, you can try to negotiate with your employer or their insurer for a switch. If that doesn’t work, however, you may need to appeal to the Iowa Division of Workers’ Compensation Commissioner (DWC) for a resolution. Some of the most compelling reasons for asking to switch providers include the following.
You believe your doctor is being influenced by your employer
Even though your doctor was selected by your employer, they’re still supposed to make your care their top concern. Your employer’s opinions and needs shouldn’t be factored into your doctor’s recommendations. If your employer keeps trying to influence your treatment plan or accommodations and the doctor seems inclined to listen to them, that may be reason enough to ask for a change. A lack of impartiality by your provider is a serious issue.
You believe your care is insufficient
If you believe that your assigned doctor isn’t providing sufficient or appropriate care for your injury or has misdiagnosed you that might be a good cause for a change. Similarly, if you believe that your provider lacks the necessary experience or skillset to treat your condition and they won’t send you to a specialist, that’s clearly a reason for concern.
You have issues with communication
Communication is the key to any successful doctor-patient relationship, so a communication breakdown can be a big problem. If you feel like your concerns aren’t being addressed by your doctor and you’re not being heard, it may be time to ask for a change.
If you feel like your workplace injury isn’t being treated properly or that you’re being given the “runaround” by your employer, their insurer or your workers’ comp doctor, learning more about your legal options can be potentially beneficial.]]>On Behalf of Tyler & Associates, PChttps://www.ltylerlaw.com/?p=470112023-08-28T00:45:55Z2023-08-28T00:45:55Zlonger someone is away from work, the less likely they are to re-enter the workforce fully. As a result, workers are often particularly concerned about when they can return to earning their full paycheck.
When their employer can accommodate them
Sometimes, employers are able to work with an injured employee from the very first day after their diagnosis. The company could move someone to a different position temporarily, provide assistive technology or even allow someone to work from home. Other times, the worker may need to improve to a specific point to return to work before their recovery is complete. So long as someone can perform their job responsibilities with reasonable accommodations, they may be able to return to their job while still receiving treatment.
When they fully recover
For someone working in an industrial profession who breaks a bone, fulfilling job responsibilities may not be possible until after their body heals and they undergo appropriate physical or occupational therapy. Someone may need to have a doctor sign off on their claim that they have fully recovered before they can just come to their job after an injury.
When they reach maximum medical improvement
Unfortunately for some people hurt on the job, a full recovery isn't always possible. There are some situations in which individuals will always have lingering symptoms and will cease responding to treatment efforts. If a doctor determines that someone is unlikely to respond to additional treatment efforts, they will declare that they have achieved maximum medical improvement (MMI). That may reduce what medical coverage they can receive and will likely speed up the timeline for their return to work. In some cases, workers ordered back to their jobs may require support when they challenge that assertion or when they request accommodations from their employers.
Understanding the rules that govern return-to-work matters in Iowa may benefit those unable to work because of an injury. Seeking legal guidance is always a good option if an injured worker has questions about their rights and options.]]>On Behalf of Tyler & Associates, PChttps://www.ltylerlaw.com/?p=470102023-08-16T04:52:22Z2023-08-16T04:52:22ZPre-existing conditions sometimes qualify for benefits
A worker who has experienced the same back pain symptoms for years would not qualify for workers' compensation coverage just because they now have a job. However, if they can show that their condition has worsened since beginning their job, then they might qualify for benefits. When someone's employment worsens an existing condition, that employee may be eligible for disability benefits and medical benefits.
Typically, a careful medical evaluation will be crucial for those bringing a workers' compensation claim related to a pre-existing condition. The more documentation they have exploring the initial or long-term symptoms they experienced and the new or worsening symptoms they now present, the easier it will be to connect with benefits. Being able to conclusively establish that employment worsened someone's symptoms could therefore make a major difference for an employee coping with a worsening condition impacted by their job responsibilities.
In theory, a worker who is experiencing worsening symptoms could qualify for the same medical coverage and disability benefits as those with a new traumatic injury related to their employment. Understanding when conditions qualify for coverage is, therefore, often an important starting point for those who believe that they may require the support of workers' compensation benefits in Iowa.]]>On Behalf of Tyler & Associates, PChttps://www.ltylerlaw.com/?p=470092023-07-27T01:41:51Z2023-07-27T01:41:51Zbenefits available to their survivors.
Who is entitled to receive death benefits?
Workers’ compensation will provide benefits that alleviate the financial burdens faced by a deceased worker’s dependents. This includes:
A surviving spouse, who may receive benefits either until remarriage or, if not remarried, for life (and some may be entitled to a lump-sum settlement upon remarriage). This is true even if the deceased worker and their spouse did not cohabitate.
The worker’s dependent children, who may receive benefits either until they turn 18 years of age or until they reach 25 years of age if they remain dependent (such as full-time students).
Other dependents who may not fit the above two categories, such as grandchildren or other relatives who were dependent upon the deceased.
What benefits are available?
The weekly benefit rate for survivors depends on the amount of gross wages the deceased worker received during their lifetime. Generally, beneficiaries can expect to receive 80% of the deceased employee’s weekly gross income minus taxes. While this may not sound like a lot, it could be just enough to keep your family financially stable as you move through this tragedy. In addition, worker’s comp will pay for the deceased’s reasonable funeral and burial expenses, up to 12 times the statewide average weekly wage at the time of the worker’s death.
What happens if benefits are delayed or denied?
Workers’ compensation was designed to be a relatively easy “no-fault” system that negates the need for every injured worker or their survivors to file a lawsuit – but things don’t always go as planned. Claims are unfairly delayed, devalued and denied all the time. If that happens to you, it may be time to seek the legal guidance you’ll need to help you navigate the system successfully.]]>On Behalf of Tyler & Associates, PChttps://www.ltylerlaw.com/?p=470072023-06-26T14:07:29Z2023-06-26T14:07:29ZCertain benefits will be available immediately
Although the claims process does take a while to complete, an injured worker in Iowa can potentially go immediately from work to a medical facility for treatment and have medical coverage that will apply to that care once they make a claim for benefits. However, they have to adhere to the rules for making claims, which will include filing the formal paperwork with their employer no more than 90 days after the incident that leaves them injured or the day that their doctor diagnoses them with a disabling medical condition.
The timeline for processing and approving the claim is different in every case, but usually the medical benefits are available from the same day of the injury until either someone fully recovers or achieves maximum medical improvement (MMI). The availability of disability benefits will depend on how long someone is away from work. Short-term or temporary total disability benefits usually start only after the third day of missed work, although those who miss more than 14 days of work will eventually qualify for coverage for those first three days as well.
In some cases where workers don't receive benefits right away, an appeal may be necessary. Appeals can add weeks to the claims processing time but generally do not impact when a worker becomes eligible for different benefits. Bringing in a workers' compensation lawyer to assist with a complicated claim can make it so that a worker can fully focus on their recovery instead of worrying about red tape and paperwork for the benefits they require.]]>On Behalf of Tyler & Associates, PChttps://www.ltylerlaw.com/?p=470062023-05-19T19:12:14Z2023-05-19T19:12:14Zsome issues that could come up that could undermine this case, and that could lead to a denial.
You were engaging in horseplay
In order to qualify, you needed to be reasonably attempting to work safely and performing the duties of your job at the time that you were injured. If you were instead engaging in horseplay, or perhaps purposely doing something dangerous, that could invalidate your claim. While it usually doesn’t matter if a worker was at fault for their injuries, if they were acting in particularly unsafe ways, there is a risk of claim denial.
You were under the influence
It’s also very important to be sober on the job. Someone who is under the influence of illegal drugs or alcohol – or even medication, under certain circumstances – may experience having their claim denied.
You didn’t get medical attention
Finally, it’s just very important to seek medical attention as soon as you get injured. You’ll want to report the accident to your boss right away and make sure that you don’t miss important deadlines. Then go to a medical professional, have them do an evaluation and get an official diagnosis of the injury that you’ve suffered. Workers who skip out on getting treatment may be denied if they come back later and try to get benefits, oftentimes because they lack the medical evidence that may be necessary to substantiate their claim.
Regardless of the circumstances under which you were hurt, chances are very high that you are entitled to benefits. However, if complicating factors are features of your situation, it will be particularly important that you seek legal guidance as proactively as possible.]]>