In Iowa, the law protects workers who are injured while performing their duties by giving them a chance to file for benefits through a workers' compensation claim.
However, a surprisingly large part of the Iowa workforce is not fully aware of how the system works, let alone how their settlement amount is calculated.
This leaves them open to victimization by their employer's insurer when the time comes to receive benefits. Those unfortunate to have suffered severe injuries may find themselves buried under mounting costs of medical treatment.
Such a situation should never be allowed to happen. Suffering a work-related injury is something that can happen at any time, so workers need to know their rights when it comes to workers' compensation.
At Tom Fowler Law, a team of dedicated attorneys is ready to fight for any worker seeking compensation after being involved in a work-related accident. Victims can schedule a meeting by calling and requesting an experienced workers' compensation attorney. Our team can also provide guidance on how dog bite settlements are calculated in Iowa.
What Is the Average Workers’ Compensation Settlement?
Most workers who are injured on the job can expect to get between $2,000 and $40,000. The average workers' compensation settlement amount is somewhere around $20,000.
However, each case is different. If the worker has suffered severe injuries on multiple body parts or has lost limbs, the medical benefits alone may exceed this amount.
Also, many factors influence the amount of workers' compensation an injured employee may receive, some of which will be discussed below.
As such, referring to the average settlement offer is great when simply looking for a ballpark estimate of the kind of lump sum payment that the insurance company may offer.
What Benefits Can an Injured Worker Receive?
A workers' compensation settlement covers more than just medical care for the worker. For more information, a Des Moines workplace accident lawyer may be able to help. The following are some of the benefits that can be expected:
Medical Expenses
Obtaining proper medical treatment can be very expensive, especially when dealing with serious injuries that require surgery. As such, medical benefits are essential to help workers make it through a difficult period during which they cannot afford to pay for their treatment.
Lost Wages
If the injury requires the employee to stay in hospital or at home while they recover, they will often receive workers' compensation benefits to cover lost wages. This is usually calculated using the worker's salary rate and the days they have been off work.
In some cases, the worker may be able to return to work quickly but has to work in a diminished capacity until they fully recover, which may mean not being able to clock in the hours they used to.
Here, the worker will likely receive a portion of their lost income benefits, which will be negotiated with their employer's insurance carrier.
Temporary/Permanent Disability Benefits
At times, workplace injuries can be so severe that the victim will suffer temporary or permanent disability.
If the worker cannot work for a few days, they will begin receiving either total or partial temporary disability benefits depending on the specific situation.
Permanent disability benefits are for the rest of the injured worker's life. They are applied in very serious cases where medical professionals agree that recovery is highly unlikely.
In most cases, these benefits will be paid to the worker at the same rate as total temporary disability benefits unless they can work in some capacity, in which case they will receive 70% of their net earnings.
Death Benefits
In the unfortunate case that a workplace incident results in the death of the worker, their surviving family members will be eligible to receive death benefits from the employer's insurance company.
Usually, death benefits will go to the deceased's spouse and children, who will receive the money through regular payments.
The exact amount that will be paid out differs from one state to the next but is usually a percentage of the deceased worker's average weekly wage.
Factors That Affect the Workers' Compensation Settlement Amount
When calculating workers' compensation settlement amount, the following factors may come into play:
The severity of the injury
Time taken off work
Cost of medical care
Lost or diminished earning capacity
Need for future medical treatment or physical therapy
Permanent disability
Age and work history of the employee
Any additional benefits that may be applicable
The level of experience of the workers' compensation attorney
Maximum Medical Improvement
In some cases, an injured worker may take a long time to fully recover without the guarantee that they will ever be able to return to work in their previous capacity.
Here, medical professionals may declare that the victim has reached maximum medical improvement, meaning they do not foresee any further recovery soon.
This will allow the injured worker's condition to be fully assessed to determine the potential cost of future medical care.
The workers' comp benefits will then be calculated based on the patient's medical records and recommendations by a doctor of their choosing, who will be allowed to conduct a one-time evaluation.
They will be given a disability rating, which measures their degree of impairment or permanent restrictions in their ability to work.
Navigating the Iowa Workers' Compensation System
To get the most out of their workers' compensation claims, victims need to know how to navigate the system. The following are some of the steps that need to be taken:
Report the injury immediately
Seek medical treatment as soon as possible
Choose an independent doctor who is not contracted by the insurance company
Research more about workers' compensation and other benefits
Be prepared for the independent medical examination
Keep detailed and up-to-date medical records
Consult a workers' comp lawyer
A Workers' Compensation Attorney Help
Whether a work injury is minor or results in permanent damage, the employee is entitled to seek workers' comp from their employer's insurer.
There are multiple benefits that they can receive while they recover, such as payment of medical bills.
In Iowa, Tom Fowler Law is ready to fight to ensure that victims of a work accident get the settlement they deserve. Visit its Des Moines law office for a free consultation.
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