Legal Question in Workers Comp in Iowa

Re: I got hurt at work about 12 weeks ago, hurt my shoulder. It has been reporte

Under Iowa workers' compensation law, you are obligated to be treated by company-chosen doctors in order to have that care paid for by the company's workers' compensation insurer. You will need to give the employer-based care a chance to work before thinking about seeking other care. There are provisions in Iowa law to obtain an 'alternative medical care' petition. These would allow you to switch care to another doctor, but there must be a showing that such care would be truly beneficial or that the care currently received is truly insufficient to cure the condition. As the current court and Commissioner cases now read, this is not easy to show.

You may wish to retain the services of an attorney. Many times, an attorney will be able to refer you to a doctor for purposes of obtaining alternative medical care, or for an independent medical examination once you have reached 'MMI', or maximum medical improvement.

Workers' compensation benefits in Iowa include the costs of medical care, compensation for missed work or light duty work at a different rate, mileage and meals if travel is required for medical care, compensation for time a worker is not allowed to work, and, in your case, a special kind of benefit called 'industrial disability'. While I do not know the diagnosis or extent of your shoulder injury, Iowa law treats injuries to the shoulder as being injuries to the 'body as a whole.' This means that the method of calculating your workers compensation benefits for settlement of a permanent impairment claim is based on a doctor's rating of impairment multiplied by 500 weeks of benefits. This is difficult to explain in the limited space provided, but practically it means that your recovery may be greater depending on factors such as education, age, impairment, job type, training, and similar factors. Industrial disability is a rough way to measure how a permanent injury affects a workers' ability to compete and perform in the labor market. Generally it requires analysis and possibly expert or lay testimony which is beyond the scope of self-representation. It is advisable that you seek counsel so that your case may be fully evaluated with an examination of the facts, type of job you work at, your medical records and diagnosis, as well as your personal characteristics.

I am an attorney who has worked in the Iowa workers' compensation field for several years, and I have assisted a number of workers to obtain benefits. I would be happy to speak to you by phone or otherwise consult with you in order to further advise you. Please feel free to contact me at my office number (515) 633-9210. Best of luck to you.