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This section is meant to answer questions injured workers may have about workers’ compensation.
Keep in mind, however, the laws do change. Therefore, contact our office for the most up-to-date
information.
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| Q: What does workers’ compensation do?
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A: Workers’ compensation law in Iowa generally requires most employers to provide wage loss
and medical benefits to employees injured on the job.
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| Q: What types of injuries are covered?
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A: An injury may include whatever health condition is caused by work activities (except normal
wear and tear of the body). Injuries may also include diseases and hearing losses caused by
work.
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| Q: Who can receive workers’ compensation?
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A: Most employees injured in Iowa while working in Iowa are eligible. Furthermore, employees
hired in Iowa or whose employment is principally in Iowa may be eligible for benefits even
if they are injured outside of the state.
The law does exempt a few types of employees. Therefore, contact our office with any
questions.
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| Q: Who chooses the medical care?
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A: Generally, the employer has the right to choose the medical care and must provide medical
care reasonably suited to treat the work-related injury. If you are unhappy with that care, you
should discuss the problem with the employer or its insurance carrier. You can request
alternative medical care. If your employer (or the insurance carrier) does not allow that, you
may file a petition for alternate care. The petition would be filed with the Iowa Workers’
Compensation Commissioner.
Frequently, an employer (insurance carrier)-retained physician may give a permanent
impairment rating. If you feel that rating is too low you may be eligible to have another
examination by a doctor of your own choice at the employer’s (insurance carrier’s) expense.
If a claim cannot be handled between the employer (insurance carrier) and the worker, you may file a proceeding before the Iowa Workers’ Compensation Commissioner. While not required, legal counsel is recommended. Contact our office for help.
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| Q: What types of benefits are there?
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A: As indicated above, the employer (insurance carrier) generally must pay for all reasonable
and necessary medical care required to treat the work-related injury. This includes
reasonable and necessary travel expenses for treatment. The employee may be reimbursed
for mileage at a rate of 40.5 ¢ per mile. In some cases, if you miss work for medical
treatment, you may be entitled to receive payment for time off.
Disability benefits-Your total weekly compensation benefit may not be greater than 80% of
your spendable earnings (the amount remaining after payroll taxes are deducted from gross
weekly earnings). Your average gross weekly earnings, number of income tax exemptions,
and marital status determine your weekly disability benefit amount.
Types of disability benefits:
Temporary Total Disability. If you are off work more than three calendar days on
account of a work-related injury, you may be entitled to temporary total disability
(TTD) benefits beginning on the 4th day and continuing until you return to work or
are medically recovered enough to return to similar work, whichever occurs first. If
you are off work for more than fourteen (14) calendar days, you may be entitled to
payment for the three day waiting period.
Temporary Partial Disability. If you return to a lower paying job because of the
work-related injury, you may be entitled to these benefits. The benefit amount is
66 2/3 % of the difference between your average gross weekly earnings when you
were injured and your actual earnings while temporarily working at the lower paying
job. The three day waiting period explained above also applies to temporary partial
disability.
Healing Period. You may be entitled to these benefits while recovering from an
injury which produces a permanent impairment. Generally, these benefits begin on
the first calendar day after the date of injury and continue until the first of the
following occurs:
1) Return to work;
2) You have reached maximum medical improvement; or
3) You are medically capable of returning to the same kind of work you did when
injured.
There is no waiting period for healing period benefits.
Permanent Partial Disability. When your work injury results in either permanent
functional impairment to your body or in your inability to earn wages similar to those
you earned before your injury, you may be entitled to permanent partial disability
(PPD) benefits. PPD benefits are in addition to healing period benefits and begin
when the healing period ends. There are two types of PPD benefits:
1) Scheduled member disabilities. If your injury is to a scheduled member, your
PPD benefits are based on functional impairment. The following table gives a list
of the scheduled body members along with the weeks of benefits you would receive
for the full loss of each member. If your impairment is less than a full loss, the
number of weeks of PPD benefits you may receive is a percentage of loss or loss of
use multiplied by the full number of weeks for the member.
Loss of thumb 60 weeks
Loss of first finger 35 weeks
Loss of second finger 30 weeks
Loss of third finger 25 weeks
Loss of fourth finger 20 weeks
Loss of hand 190 weeks
Loss of arm 250 weeks
Loss of great toe 40 weeks
Loss of any other toe 15 weeks
Loss of foot 150 weeks
Loss of leg 220 weeks
Loss of eye 140 weeks
Loss of hearing in one ear 50 weeks
Loss of hearing in two ears 175 weeks
Permanent disfigurement, face or head 150 weeks
Body as a whole/industrial disability 500 weeks
This table contains the number of weeks of benefits payable for 100% loss,
or loss of use, of the body member. If the PPD rating is less than 100%, the
percentage rating is multiplied by the number of weeks shown. For example,
a 20% loss, or loss of use, of a thumb would be computed as 20% of 60
weeks, or 12 weeks of PPD benefits.
2) Body as a whole disabilities. When your work-related injury results in permanent
disability to a part of the body not included as a scheduled member, the disability is
considered industrial and is determined by assessing the difference between what you
were able to earn prior to the injury and what you are able to earn after the injury. A
number of factors influence the determination of lost earning capacity. They include
your medical condition before the injury, your medical condition immediately after
the injury, and your medical condition now. These factors also include the part of the
body injured, recovery period, work experience, qualifications to perform other work,
earnings before and after the injury, age, education, motivation, functional
impairment related to the injury, loss of ability to do your old job, and loss of
earnings because of the injury.
Industrial disability is calculated on a 500 week basis with the percentage rating
multiplied by 500 weeks.
Permanent Total Disability. If your work-related injury leaves you incapable of
returning to any type of wage earning employment, you may be entitled to permanent
total disability (PTD) benefits during that time when you cannot return to any gainful
work.
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| Q: What are the time limitations?
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A: Unless your employer has notice or knowledge of your injury within 90 days of its
happening, you may be denied benefits. The 90 day period begins to run when you knew or
should have known that your injury related to your job. When an employee reports a work
injury, the employer must file a First Report of Injury if the employee loses more than three
(3) days of work or sustains permanent injury or death on account of the injury. The
employer (or its insurance carrier) must file the First Report of Injury within four (4) days
of notice or knowledge of the alleged injury with the Workers’ Compensation Commissioner.
You must receive Iowa weekly workers’ compensation benefits or file an application for
arbitration within two years or your injury or benefits may be denied.
If you have received Iowa weekly workers’ compensation benefits, you have three years from
the last payment of those weekly benefits to receive additional benefits voluntarily, or to file
a contested case proceeding for benefits. If you do not file within the three year period you
may be denied additional weekly benefits.
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