Local Representation For Your Workplace Injury Case

Your Workers’ Compensation Attorney In Iowa

Workers’ compensation is a system designed to provide benefits to employees who suffer work-related injuries or illnesses. This system aims to ensure that injured workers receive the necessary medical care and financial support during their recovery period. In Iowa, the workers’ compensation system is governed by specific laws and regulations to protect both employees and employers – the system also protects employers from lawsuits related to workplace injuries.

Why Iowans Trust Platt Law Firm

At Platt Law Firm PC, I help many injured workers in Iowa get the medical care they need and fair settlements or awards for their injuries. I know how confusing this process can be, especially when recovering from a severe injury. If you work with me, Iowa workers’ compensation attorney Nicholas Platt, and my team, you’ll get the personal attention and support you deserve at every step of your case. With years of experience helping clients in the Des Moines area, you can count on me to work hard to get you the payments you’re entitled to under Iowa law. I’m proud to serve clients across the state, including:

Contact me by calling 515-346-6659 or using this web site.

Common Industries In Iowa And Reasons For Claims

Workers’ compensation is essential across various industries in Iowa, each with unique risks and reasons for filing claims. Here are some of the most common industries that commonly use workers’ compensation and the typical reasons they file claims:

Construction: Construction sites are inherently hazardous, with workers often exposed to dangerous equipment and working conditions.
Manufacturing: Manufacturing involves heavy machinery, repetitive tasks and sometimes hazardous materials, which can lead to a higher risk of injury.
Agriculture: Agricultural work often involves operating heavy machinery, managing livestock, and using pesticides and other chemicals.
Health care: Health care workers frequently perform physically demanding tasks and encounter various health hazards.
Transportation and warehousing: Workers in this industry often handle heavy loads, operate vehicles and work in environments with moving equipment.
Retail: Retail environments can be busy and cluttered, with employees lifting and moving merchandise frequently.
Public safety: Law enforcement and first responders face high-risk situations daily, including physical confrontations and exposure to dangerous environments.

Understanding each industry’s specific challenges and risks helps develop better safety protocols and ensures workers receive the necessary support when injuries occur.

Who Is Not Eligible For Workers’ Comp

Most employees in Iowa are eligible for workers’ compensation benefits when injured while performing their duties. However, there are some exemptions. For example, independent contractors, members of limited liability companies (LLCs), proprietors and partners are generally not covered under Iowa’s workers’ compensation laws. The Workers’ Compensation Division (WCD) issues a determination if there is a dispute over eligibility.

Types Of Injuries Covered

Workers’ compensation covers various injuries and illnesses resulting from work activities. This includes:

Traumatic brain injuries
Spinal injuries
Bone fractures
Burns
Respiratory conditions caused by exposure to harmful substances

Preexisting conditions are covered if the work aggravates or worsens them.

Workers’ Comp Benefits Provided

Workers’ compensation in Iowa provides medical care, which includes all necessary medical treatment related to the injury, such as doctor visits, hospital stays, surgeries and medications. The amount of workers’ compensation benefits an injured worker receives is determined based on several factors, including the worker’s average gross weekly earnings, the type of benefit and the statewide average weekly wage (SAWW). The basis for calculating workers’ compensation benefits is the injured worker’s average gross weekly earnings at the time of the injury. This includes regular wages, overtime, bonuses and other forms of compensation, but it excludes any deductions or withholdings. Different types of benefits are calculated in specific ways:

Temporary total disability (TTD): This benefit is for workers who are temporarily unable to work. The weekly benefit rate is 80% of the worker’s spendable earnings, which are the gross weekly earnings minus taxes and other deductions.
Temporary partial disability (TPD): This benefit is for workers who can perform some work but not at full capacity. The benefit amount is 66 2/3% of the difference between the worker’s average gross weekly earnings before the injury and their actual earnings after returning to work.
Healing period (HP): Similar to TTD, this benefit is for recovery until the worker reaches maximum medical improvement. The calculation is the same as TTD.
Permanent partial disability (PPD): This benefit is for workers with a permanent impairment who can still work in some capacity. The weekly benefit rate is based on 80% of the worker’s spendable earnings, subject to a maximum weekly rate.
Permanent total disability (PTD): This benefit is for workers who are permanently unable to work. The calculation is the same as PPD.
Death benefits: These benefits go to the dependents of workers who die as a result of a work-related injury or illness. The weekly benefit rate is based on 80% of the worker’s spendable earnings, subject to a maximum weekly rate.

The SAWW is determined annually by Iowa Workforce Development and is used to calculate the maximum and minimum weekly benefit rates. For example, the maximum weekly rate for TTD and HP benefits is 80% of the worker’s spendable earnings but cannot exceed the maximum weekly rate set by the SAWW. The minimum weekly rate for TTD and HP benefits is either 35% of the SAWW or the worker’s spendable earnings, whichever is less. For PPD, PTD and death benefits, the minimum rate is 35% of the SAWW. The maximum weekly rate varies depending on the type of benefit and is adjusted annually based on the SAWW.

To illustrate, if a worker’s average gross weekly earnings are $1,000 and their spendable earnings after deductions are $800, the TTD benefit would be 80% of $800, which is $640 per week. If the SAWW sets a maximum weekly rate of $1,500, the worker’s benefit cannot exceed this amount.

Understanding these calculations helps ensure that injured workers receive fair compensation based on their earnings and the nature of their injuries. If you have any more questions or need further assistance, feel free to ask!

A Step-By-Step Guide For Filing A Claim

To receive workers’ compensation benefits in Iowa, an injured worker must follow specific steps and meet critical deadlines:

Notification to employer: An employee must notify their employer of a work-related injury within 90 days of the occurrence. This period starts when the employee knew or should have known that the injury was work-related.
First Report of Injury (FROI): The employer must file a First Report of Injury with the Workers’ Compensation Division within four days of receiving notice or knowledge of the injury. The report is required if the injury results in more than three days of lost work, permanent injury or death.
Filing a petition for unpaid disability benefits: Workers must file a petition with the Workers’ Compensation Division within two years from the date of the injury if they weren’t paid disability benefits.
Filing a petition for additional benefits: Workers who received some benefits have three years from the last payment of weekly benefits to file a petition for additional benefits.

Meeting these deadlines is crucial for ensuring a workers’ compensation claim is processed and benefits received. If these deadlines are not met, the claim may be denied, and the worker could lose their right to compensation.

Common Disputes In Claims

Disputes in workers’ compensation claims can arise for various reasons, including:

Disagreement over injury: Employers may dispute whether the injury is work-related.
Extent of injury: There may be disagreements about the severity of the injury and the necessary medical treatment.
Benefit amounts: Disputes can occur over the amount of weekly benefits or the duration of benefits.
Preexisting conditions: Employers might argue that the injury involves a preexisting condition and not work-related.

How To Appeal A Denied Claim

While Iowa does not keep track of the denial rate, insurers deny about 13% of workers’ compensation claims annually in the U.S. Fortunately, the worker has the right to appeal the decision. The appeal process involves several steps:

Request for reconsideration: The worker can ask the insurance company to reconsider the claim.
Filing a petition: If the carrier denies the reconsideration, the worker can file a petition with the Workers’ Compensation Division.
Hearing: A hearing allows the worker and the employer to present evidence and testimony.
Decision: The Workers’ Compensation Commissioner weighs the evidence presented.
Further appeals: Workers who disagree with the decision can appeal to the Iowa District Court and, if necessary, to higher courts.

Dispute Resolution

Disputes can be resolved through the Workers’ Compensation Division. The process includes mediation, where a neutral third party helps both sides reach an agreement, and formal hearings, where a judge makes a binding decision. Workers also have the right to seek legal assistance to help navigate the dispute resolution process.

Employer Responsibilities

Employers in Iowa have several responsibilities under the workers’ compensation system:

Insurance requirement: Employers must carry workers’ compensation insurance to cover their employees.
Choice of medical care: Employers generally have the right to choose the medical provider for the injured worker.
Reporting: Employers must report workplace injuries to their insurance carrier and maintain accurate records of all injuries.

Contact Me Today To Discuss Your Claim

Workers’ compensation is an essential system that ensures workers receive the support and care they need after a work-related injury or illness. To schedule a consultation to discuss your claim, call me, a workers’ comp attorney, at CALL or complete my online contact form to get in touch. Out of my Urbandale office, I can assist clients in the Des Moines metro and the surrounding area.