|
Iowa's Workers' Compensation System- Myths and Mysteries Revealed |
 |
 |
 |
|
Tuesday, 19 May 2009 12:51 |
In 1913, the Iowa Legislature passed the law creating Iowa's workers' compensation system. When the law was passed, there was a trade-off made between employers and employees. While an employee does not have to prove fault or negligence like they would in a car accident case for example, the trade-off is that the employee's damages are limited. In an Iowa workers' compensation case, an employee is generally not allowed to recover pain and suffering or loss of quality of life damages against the employer. The exception to this rule is if you can prove that a co-employee committed "gross negligence". Also, if you were injured by someone who does not work for your employer or a defective product caused your injuries then you may be entitled to additional damages. You should consult an attorney to find-out if your case meets one of these criteria.
Another misconception that some injured workers have is that the insurance adjustor is there to help you with your work injury case. The insurance adjustor works for your employer and/or their insurance company and has no duty to protect your rights or even tell you what the law is. Also, sometimes a nurse or medical case manager will be assigned to your case. The nurse will come to your appointments, talk to your doctors and often act like they are your friend. Keep in mind that they also are working for your employer and/or their insurance company so be careful what you tell them. They are trained to find things in your past medical treatment and try to use those things against you in your work injury case. While honesty is always the best policy that does not mean you should tell them your whole life story. Along the same lines, often people think that they have to let the medical case manager into the examination room. The answer is no, you do not have to let them in during the examination. However, under Iowa law they can speak with your doctors and other medical providers when you are not present.
|
|
Last Updated on Tuesday, 19 May 2009 15:30 |
|
Read more...
|
|
Iowa Workers' Compensation- Questions and Answers |
|
|
|
|
Tuesday, 19 May 2009 12:56 |
Here are some general answers to often-asked questions about workers' compensation benefits. It is important to note that the outcome for each case is determined on its specific facts and circumstances.
Q: Is my employer responsible for the medical expenses caused by my work injury?
A: Yes, but usually your employer and/or their insurance company will decide which medical providers you see. In exchange for this, they are responsible for paying for all medical care necessary to treat your work injury. This includes all forms of care and treatment, whether hospital, medical, therapy, nursing, diagnostic testing, surgery, physical rehabilitation or pain management. Also, you are entitled to be reimbursed at the rate of $.505 per mile effective July 1, 2008, for all mileage you incur going to and from doctors' appointments, physical therapy visits, etc.
Q: If the company doctor recommends surgery, do I have to have it?
A: No, You have the right to refuse any medical procedures or care that you do not want. For However, please keep in mind that not proceeding with surgery may have an impact upon your case.
Q: Does my medical care end when the doctor releases me from treatment?
A: No, your employer and/or their insurance company are responsible for paying for all medical care necessary to treat your work related injury, however as stated above they will choose your medical providers. This includes all forms of care and treatment, whether hospital, medical, therapy, nursing, diagnostic testing, surgery, physical rehabilitation or pain management. The right to medical care and treatment may continue for the rest of your life for conditions related to your work injury or occupational disease.
Q: Am I entitled to cash payments if I am unable to work?
A: Yes. While you are healing and unable to work, you will receive cash payments to replace your usual earnings. The amount of your payment is based upon your earnings prior to your work injury.
Q: Do I have the right to a 2nd opinion?
A: Yes. Under Iowa law once the company doctors have said that you are as good as you will get, you have reached MMI, you have the right to have an independent medical examination performed by a doctor of your own choosing for an impairment rating and permanent restrictions. There are many doctors who specialize in giving second opinions in workers' compensation cases.
Q: Once I am done treating, if I don't make a full recovery does my case end?
A: No. If your work injury causes a permanent injury, then you should receive compensation for your disability. The amount owed is determined by the nature of your injury (ie. hand, back, neck, shoulder, etc.), your earnings prior to your work injury, your impairment rating, and other factors.
Q: Can my employer fire me after a work injury?
A: Under Iowa law your employer is not supposed to fire you for filing a workers' compensation claim. However, you can be terminated for other reasons such as absences, work problems, etc. Also, subject to some exceptions (for example if you are a union member) generally your employer does not have to find you work if you are unable to return to your old job because of restrictions.
Q: What if I leave the job where I was hurt?
A: Leaving your job where you were hurt does not end your workers' compensation claim. Just because you may be receiving workers' compensation benefits, does not mean that you have to remain employed with the same employer. However, leaving your job while you are still being treated may impact your case and the compensation that you receive.
To learn more about Iowa work injuries including the "7 Mistakes To Avoid If You Are Hurt At Work" Call 1-800-707-2552 (ext. 511) (24 Hour Recorded Message) for a Free Book entitled "Iowa Workers' Compensation- An Insider's Guide to Work Injuries" or log onto http://www.IowaWorkInjury.com. |
|
Last Updated on Tuesday, 19 May 2009 15:29 |
|
Iowa Car Accidents and Personal Injuries Myths and Mysteries Revealed |
|
|
|
|
Tuesday, 19 May 2009 12:59 |
For more than 100 years Iowa Courts have recognized a person's right to bring a claim against another for injuries caused by fault also known as negligence. Whenever you are hurt by anyone's negligence, including that of another car driver, corporation, manufacturer, store merchant, or someone else you have a "personal injury" claim. Car and motorcycle accidents (injuries caused by a negligent driver), dog bites (injuries caused by a dog or other animal), falls (injury because someone did not take care of the walkway for example) nursing home (injuries sustained by a resident of a nursing home) and product liability (injury by harmful product) are all subtypes of personal injury cases. Everyday, I have people ask me questions and I can tell you that there are many myths and misconceptions about what you should do if you are injured in a car or other personal injury accident.
One misconception is that the insurance adjustor is there to help you with your injury case. The insurance adjustor works for the negligent party and/or their insurance company and has no duty to protect your rights or even tell you what the law is. Just because you are reasonable with the insurance adjustor does not mean that the insurance adjustor will be reasonable with you. Remember, they are trained to pay you as little for your claim as possible. Sometimes this means intentionally frustrating you in hopes that you will give-up and go-away. If you decide to try to handle your case on your own, it is important that you do not lose your temper or make threats to the insurance adjustor. If the adjuster makes a ridiculously low offer, it may be difficult not to show emotion. However, showing your emotions will never convince the carrier to offer more money. In the eyes of the adjustor it means that you have a short temper which will certainly not help your case.
|
|
Last Updated on Tuesday, 19 May 2009 15:33 |
|
Read more...
|
|
What Should You Never Do When Dealing With an Insurance Adjustor? |
|
|
|
|
Tuesday, 19 May 2009 13:00 |
Like most Iowans, you have likely had a claim against an insurance company for a property damage claim such as hail damage, a leaking roof, etc. You may have received a call or visit from the insurance adjustor to discuss your claim. If you have to deal with an insurance adjustor in the future, there are some tips which may help your matter go better.
First of all, anything you say can and may be used against you by the insurance company and their lawyers. Therefore, no matter what, do not lie. Even a small lie can ruin your credibility. The best policy is to always tell the truth. That way you will never have to worry about what you said. Secondly, you should document your damages by keeping documents which may not seem important at the time, but later may become important. Also, you should keep a diary or journal of who you and when you spoke with various people. Your diary or journal will help you prove the extent of your damages, and can mean a higher evaluation of your claim.
|
|
Last Updated on Tuesday, 19 May 2009 15:34 |
|
Read more...
|
|
|
