Iowans' hurt at work often do not know what their basic rights are. This article provides workers injured in Iowa with some basic information about their rights under Iowa's workers' compensation laws, including what benefits they should receive, how their weekly check is calculated and much more.
A few weeks ago I shared the first of the 5 Iowa Injured Workers' Bills of Rights and now I will share the rest of the 10 rights:
6. Cash Payments for Permanent Disability: If your work injury or occupational disease causes a permanent disability also known as a permanent impairment rating or functional impairment rating, then you are entitled to a cash benefits for the resulting disability. The amount of the benefits is based upon the body part(s) involved, prior injuries, the nature and extent of your disability and the amount of your average weekly earnings prior to your work injury.
7. Independent Medical Examination: Once the doctors have said that you will not make further improvement, 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 several doctors that I will recommend depending on the nature of your injury.
8. Right to Your Job- 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.
9. Right to Find Another Job- Leaving your job 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.
10. Right to Seek Alternative Medical Care- If the medical care offered by your employer and/or their insurance company is not reasonable then you may file a petition for alternative medical care. However, please keep in mind that there are specific legal requirements that must be completed before filing such a petition. Also, if the employer denies liability in your case then the petition will be dismissed.
If you have not already read the first 5 of the Iowa Injured Workers' Bill of Rights make sure to look for my prior article. Please keep in mind that these are general statements of the law and not legal advice. This article contains general statements and is not intended as legal advice or legal opinions. It does not create an attorney-client relationship. Do not act or rely upon the information in this article without seeking the advice of an attorney because changes in the law occur frequently and you should consult with an attorney with respect to your particular case.
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