Iowa Workers Compensation Lawyer

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In Iowa, workers' compensation is a mandatory benefit program available for all eligible employees. It is the employer's responsibility to provide the employee or the employee's family with medical and disability benefits due to a job-related injury, occupational disease, or death.

Workers' compensation is a type of insurance that accommodates employees who need compensation for medical care due to an injury during the course of work in exchange for the employee's right to sue their employer for negligence. Plans vary according to jurisdictions, though they can be made for weekly payments instead of wages as a type of disability insurance, compensation for past and future economic losses, the payment or reimbursement of the medical expenses as a type of health insurance, and benefits payable to the dependents of workers who were killed as a type of life insurance. Not included in worker compensation plans are punitive damages for employer negligence and general damages for pain and suffering.

Under the compulsory guidelines of the Iowa worker's compensation system, agricultural employees may be covered. Domestic servants, excluding household members, earning $1,500 or more in the year prior to an injury are covered by the Workers' Compensation Act in Iowa.

Workers' compensation insurance coverage may be provided through a private insurance company or through a state fund. Also, some employers choose to be self-insured.

There are no time or monetary limits regarding medical benefits for those who are entitled to worker's compensation in Iowa. Initially, the employer is required to choose a physician. If the employee is not satisfied with the care that he or she is given, they should speak with either the employer or the insurance carrier. In some circumstances, the employee is allowed to receive alternate care if they are dissatisfied with the medical care being provided by the employer. If the employer, or insurance carrier, does not offer alternate care, the employee may contact the workers' compensation commissioner for a request for medical care other than that provided by the employer.

Waivers are permitted, though its limited to Corporate Officers, and there are no numerical exceptions. The waiting period for compensation benefits after the injury is three days. Compensation is retroactive if the disability continues for more than 14 days from the date of the injury.

Unresolved disputes between an employee and employer shall be resolved before the Iowa Workers' Compensation Commissioner. Legal representation is advised, if not required, for such disputes.

If an employer does not provide coverage for employees who are eligible for workers' compensation, the employee may be liable for either workers' compensation benefits or damages in a civil case.

For temporary total disability (TTD), permanent total disability (PTD), and permanent partial disability (PPD), payments are a percentage of the employee's weekly wages. In certain circumstances, payments cannot exceed a set weekly maximum amount. Payments for temporary total disability and permanent total disability last for as long as the employee is disabled.

An employee may receive healing period (HP) benefits during their recuperation. HP benefits typically last from the day after the injury until the employee returns, or until it is indicated that the injury will not improve significantly.

An injured employee is usually entitled to TTD benefits if their injury results in three or more days of disability. TPD benefits are usually used when the employee is forced to return to a lesser paying job due to their injury.

Physical and mental rehabilitation benefits are usually provided for the injured employee.

If the employee dies, death benefits are given to the employee's spouse or the spouse and his or her children. Death benefits are a percentage of the employee's wages. Compensation for burial is usually available. Compensation for burial can not exceed 12 times the statewide average for weekly wages at the time of death.

An important part of workers' compensation is finding an attorney lawyer that you trust and feel comfortable with, because they play a big part in helping to alleviate a lot of the stress that is associated with injury and finances. They focus on getting you the compensation you are owed, while you can focus on your recovery.


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