These days, doing nothing at all is one of the worst things you can do. It's hard enough to make ends meat these days and getting injured shouldn't have to make matters worse.

Iowa Law has recognized the needs of its injured workers for more than 50 years. The law requires every employer to obtain workers' compensation insurance (or be approved as a self-insurer) to cover claims made by their injured workers. Even the best employer, however, is not likely to tell you all you need to know. If you are injured in an accident or suffer from an occupation disease at work, you must report your work injury within 90 days of the date of injury. The law also limits the time in which you have to settle or file your workers' compensation claim. The limits are 2 years from the date of the work injury if the claim has been denied by the insurance company, subject to many exceptions or 3 years from the date of the work injury if the insurance company has paid you weekly benefits.

If you meet the legal requirements for a workers' compensation claim, then the law says you are entitled to receive the following benefits:

Lifelong Medical Treatment: Your employer is responsible for paying for all medical care necessary to treat your injury. 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 accidental injury or occupational disease.

Cash Payments While You Recover And Cannot Work: 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 average weekly earnings when injured or disabled.


Mileage Expenses: You are entitled to be reimbursed at the rate of $.29 per mile for all mileage you incur going to and from doctors appointments, physical therapy visits, etc.

Cash Payments for Permanent Disability: If your work injury or occupational disease causes a permanent impairment, you are entitled to a cash award for the resulting disability. The amount of the award is based on the part or parts of the body involved, the nature and extent of your disability and the amount of your average weekly earnings when you were hurt or disabled. The following are examples of how many weeks of benefits you would receive multiplied by your percentage of disability:

Examples of Scheduled Member Injuries:

Arm- 250 weeks, e.g. a 10% arm impairment equals 25 weeks of benefits.
Leg- 220 weeks, e.g. a 15% leg impairment equals 33 weeks of benefits.
Hand- 190 weeks, e.g. a 20% arm impairment equals 38 weeks of benefits.

NOTE: You may be entitled to additional benefits for a scheduled member injury depending on whether or not you have sustained previous injuries, etc.

Examples of Unscheduled Member Injuries:

Shoulder- Percentage based upon 500 weeks of available benefits. For example an 8% body as a whole shoulder impairment rating equals a minimum of 40 weeks of benefits. However, depending on many factors including lifting and activity restrictions imposed an 8% shoulder impairment rating could result in a 100 weeks or more in benefits.

Back- Percentage based upon 500 weeks of available benefits. For example a 10% body as a whole back impairment rating equals a minimum of 50 weeks of benefits. However, depending on many factors including lifting and activity restrictions imposed, a 10% shoulder impairment rating could result in 120 weeks or more in benefits.

Neck- Percentage based upon 500 weeks of available benefits. For example a 15% body as a whole neck impairment rating equals a minimum of 75 weeks of benefits. However, depending on many factors including lifting and activity restrictions imposed a 15% neck impairment rating could result in 150 weeks or more in benefits.

Brain- Percentage based upon 500 weeks of available benefits. For example a 20% body as a whole brain injury impairment rating equals a minimum of 100 weeks of benefits. However, depending on many factors including lifting and activity restrictions imposed a 20% brain impairment rating could result in 200 weeks or more in benefits.

2nd Injury Fund: If you previously sustained a scheduled member injury (arm, leg, etc.), whether or not it was work related, and then sustain another scheduled member injury then you may be entitled to additional benefits under the Iowa Second Injury Fund for your loss.

Additional Disability Benefits If Your Condition Worsens: You may be able to "re-open" your claim after an initial disability award if the injury worsens. The request to "re-open" your claim MUST BE MADE WITHIN THREE YEARS of the date on which you last received disability benefits.

Independent Medical Examination: You have the right to have one independent medical examination performed by a doctor of your own choosing for an impairment rating and permanent restrictions. There are several doctors that I will recommend depending on the nature of your injury.

Death: Damages for the death of a worker are available for the wife, husband, parent and child of the deceased person. Sometimes, persons related by blood or marriage, who were dependent upon the deceased, may recover. Damages are compensation for the lifetime of the beneficiary.

(WARNING: CHANGES IN THE LAW CONCERNING DAMAGES OCCUR FREQUENTLY. YOU SHOULD CONSULT WITH AN ATTORNEY WITH RESPECT TO THESE CHANGES.)

If you have recently been injured at work, you are probably confused or worried about what steps to take next:

Will I be paid for the time I'm losing from work?
Will my medical bills be paid?
Will I be compensated for my injuries?
What if I don't make a full recovery and cannot return to my former work?
What will the insurance company offer me for my personal injuries?
How will I know that the insurance settlement is fair for my injuries?
How will I know that the lawyer I've chosen to represent my case is a competent lawyer and will know what to do?

The Workers Compensation attorneys at Walker & Billingsley are dedicated to protecting the rights of injured Iowans throughout the State of Iowa.  With offices in Des Moines and Newton we are located in Central Iowa, but represent clients throughout the state.