Max Schott & Associates, P. C. 6611 University Avenue, Suite 200 Des Moines, IA 50311
P R A C T I C E  A R E A S

WORKERS' COMPENSATION


I.
General Information about Workers'      Compensation
A. How Do Workers' Compensation Laws Operate?
B. Who Is Covered by Workers' Compensation      Laws?
C. What Is the Difference Between Workers'
     Compensation Benefit Claims and Civil
     Lawsuits?
D. How to Protect Your Rights
E. What to Do If You Are Injured On-the-Job
F. Conclusion of General Information about      Workers' Compensation

II. Employer Obligations
A. Duties
B. Penalties
C. State and Local Government Employees
D. Federal Government Employees

III. Conclusion

IV. Frequently Asked Questions

V. Glossary of Terms


Contact a Iowa workers compensation lawyer representing clients in Ames, Iowa today to schedule your free initial consultation.

The workers compensation claims and settlement attorneys at the Max Schott & Associates are dedicated to serve their clients in central Iowa, including the cities of Sioux City, Council Bluffs, Des Moines, Fort Dodge, Ames, Cedar Rapids, Iowa City, Davenport, Dubuque, Waterloo, Adel, Marshalltown, Pella, Decorah, Knoxville, Eldora, Johnston, Ankeny, and Burlington , and the communities that make up Woodbury, Pottawattamie, Polk, Webster, Story, Linn, Johnson, Scott, Dubuque, Black Hawk, Dallas, Marshall, Winneshiek, Marion, Madison, Hardin and Des Moines counties.

If you would like to schedule a free initial consultation contact an Iowa workers compensation attorney, representing clients in Ames, Iowa at the Max Schott & Associates. Give us a call at (866) 388-2068 or email us at info@msalaw.net.
 
 
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Practice Areas Des Moines Iowa Law Firm

WORKERS' COMPENSATION I Main Menu

Glossary of Terms

Alternate Medical Care

Body as a Whole Disability

Death Benefits

Healing Period Disability (HP)

Occupational Diseases

Occupational Hearing Loss

Permanent Partial Disability (PPD)

Permanent Total Disability (PTD)

Reimbursement of Expenses

Scheduled Member Disability

Second Injury Fund

Temporary Partial Disability (TPD)

Temporary Total Disability (TTD)

Weekly Benefit Rate


  Marshall County Courthouse Marshalltown Iowa

Alternate Medical Care can be requested, under limited circumstances, from the Iowa Workers’ Compensation Commissioner.  While the employer is allowed, under Iowa law, to choose medical care that is promptly offered and reasonably suited to treat the injury without undue inconvenience to the injured work, the Commission can order more reasonable or alternate care if the injured worker files a petition under Iowa Code section 85.27.

Body as a Whole Disability workers’ compensation benefits are paid to an injured worker when an injury occurs to a non-scheduled body part (i.e., shoulder, back, neck) including injuries from significant burns, mental disability, or tinnitus (ringing in the ears).  Body as a whole injuries result in industrial disability benefits which compensate the injured worker for the loss of ability to earn an income.  The Iowa Workers’ Compensation Commission will consider several factors in calculating a level of industrial disability including: the employee’s medical condition prior to injury, immediately after the injury and presently; the location of the injury; its severity and the length of healing period; the work experience of the employee prior to the injury, after the injury and potential for rehabilitation; the employees qualifications intellectually, emotionally, and physically; earnings prior and subsequent to the injury; age; education; motivation; functional impairment as a result of the injury; loss of earnings caused by a job transfer for reasons related to the injury; and inability because of the injury to engage in employment for which the employee is fitted.

Death Benefits are proper workers’ compensation benefits payable when a work injury results in death.  Death benefits available to a family may include medical care, burial expenses, and dependent benefits. 

Healing Period Disability (HP) workers’ compensation benefits are paid to an injured worker after an injury while produces a definable, permanent disability.  HP benefits are paid beginning on the first day after and injury and continue until the injured worker returns to work, is healed as much as possible, or is medically capable of returning to a job substantially similar to the pre-injury job.  There is no waiting period for HP benefits as there is for TTD benefits.

Occupational Diseases can lead to the payment of workers’ compensation benefits in Iowa.  Iowa’s Occupational Disease Act covers diseases which arise out of and in the course of employment.  The Act includes disorders such as respiratory problems and allergies that occur because of exposure to substances used in the workplace.  Because the Act is restrictive, the general workers’ compensation law is often more beneficial when a worker has a traumatic exposure to workplace substances or pathogens, including toxic mold.   

Occupational Hearing Loss is compensated in Iowa under the Iowa Occupational Hearing Loss Act.  The Act provides limited coverage for injury to employees from hearing loss caused by prolonged exposure to excessive levels of noise occurring in a place of employment.

Permanent Partial Disability (PPD) workers’ compensation benefits are paid when an injured worker sustains a permanent disability after suffering an on-the-job injury.  PPD benefits are paid after the end of payment of healing period benefits.  PPD benefits can be either “scheduled member disabilities” or “whole body disabilities”.

Permanent Total Disability (PTD) workers’ compensation benefits are paid when an injured worker sustains a total loss of earning capacity.   

Reimbursement of Expenses is statutorily required for certain expenses associated with a workers’ compensation claim.  Currently, mileage for travel to and from doctor and therapy appointments is reimbursed at the rate of $.29 per mile.  Certain miscellaneous expenses such as meals and hotel rooms may also be subject to reimbursement by the employer or its insurance carrier.

Scheduled Member Disability workers’ compensation benefits are permanent disability benefits paid to an injured worker based upon a percentage rating applied to the State of Iowa schedule.  The State of Iowa schedule – by statute – establishes a weekly value of the enumerated body parts (i.e., hand, leg, eye).

Schedule:

Scheduled Body Members

Weeks

Loss of thumb

60

Loss of first finger

35

Loss of second finger

30

Loss of third finger

25

Loss of fourth finger

20

Loss of hand

190

Loss of arm

250

Loss of great toe

40

Loss of any other toe

15

Loss of foot

150

Loss of leg

220

Loss of eye

140

Loss of hearing in one ear

50

Loss of hearing in both ears

175

Permanent disfigurement, face or head

150

Body as a whole/industrial disability

500

Second Injury Fund Act is a Fund established in Iowa to pay benefits to an injured worker who sustains the loss of use of a hand, arm, foot, leg, or eye and subsequently – due to a work injury – sustains a permanent loss of use of a second hand, arm, foot, leg, or eye.  A qualifying injured worker is compensated by the Fund for lost earning capacity produced by the cumulative effect of the two, combined injuries.

Temporary Partial Disability (TPD) workers’ compensation benefits are payable to an injured employee who returns to work after an injury at a lesser paying job due to the injury.  TPD benefits are paid until the injured workers’ income increases or until maximum medical improvement.

Temporary Total Disability (TTD) workers’ compensation benefits are paid to an injured worker after an injury.  TTD benefits are paid after three days of disability and are paid until the injured worker has returned to the job or is medically capable of returning to substantially similar employment.  The three days of lost benefits are payable only if the disability exceeds fourteen calendar days.

Weekly Benefit Rate is the weekly benefit paid by the employer or its insurance carrier to compensate for lost time or for loss of use or lost earning capacity.  A worker eligible for workers’ compensation benefits is paid a weekly rate which is approximately 60% of the workers’ gross earnings in the thirteen (13) weeks before the injury.  These benefits are adjusted according to whether the employee is married or has dependents.  Benefits are not taxable under either state or federal law.


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DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.



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Des Moines, Iowa Attorney practicing in Iowa primarily in Workers Compensation, Personal Injury, Auto / Car Accidents, Social Security Disability, and Long-term Disability. Lawyers at the Max Schott & Associates are dedicated to serve their clients in Iowa, including the cities of Sioux City, Council Bluffs, Des Moines, Fort Dodge, Ames, Cedar Rapids, Iowa City, Davenport, Dubuque, Waterloo, Adel, Marshalltown, Pella, Decorah, Knoxville, Eldora, Johnston, Ankeny, and Burlington , and the communities that make up Woodbury, Pottawattamie, Polk, Webster, Story, Linn, Johnson, Scott, Dubuque, Black Hawk, Dallas, Marshall, Marion, Winneshiek, Madison, Hardin and Des Moines counties.

© MMVIII Max Schott & Associates, P. C. All Rights Reserved Address: 6611 University Avenue, Suite 200 Des Moines, IA 50311 Map Phone: (866) 388-2068 Email: info@msalaw.net  Home I Firm Overview I Practice Areas: Workers Compensation, Personal Injury, Auto / Car Accidents , Social Security Disability, Long-term Disability I Attorneys and Staff I News I Resources I Contact Information I FAQ Workers Compensation Law in Iowa The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Iowa Workers Compensation Attorney Ames Work Comp Lawyer Story County
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