Workman's Compensation In Iowa: Are You Being Paid The Right Weekly Amount?

Iowa workman's compensation cases have rules that apply to different types of work injuries

. Unless, you have been through a workman's compensation case before or have knowledge as a lawyer representing injured workers in Iowa workman's compensation cases, you may not know about this difference in the workman's comp law in Iowa. Your injury will fall into one of two groups:

Scheduled member injuries: Injuries to the leg, foot, toes, arm, hand, fingers, eyes, or ears

Body as a Whole (unscheduled member): Injuries to the back, neck, brain, shoulder, nervous system, tinnitus (ringing in the ears), skin and other limited injuries

The most important difference between injuries to the body as a whole and a scheduled member injury is how much compensation an injured worker will receive for permanent disability under Iowa's work comp system.

Compensation for an injury to the body as a whole (also known as an unscheduled member injury) is based upon a percentage of 500 weeks. If a worker injured their shoulder and sustained a 10% impairment rating to their arm it would convert to a 6% body as a whole rating, then generally they should receive a minimum of 30 weeks (500 weeks X 6%) of permanent benefits. However, given the various other factors usually the amount owed is significantly higher than the impairment rating. The percentage in the example above is based the impairment rating given for the injury and various factors such as: - The ability to work - Permanent restrictions - Education - Age - Whether surgery was performed - Permanent impairment rating assigned - Other various factors

If the injured worker could no longer return to work they had done for many years due to the injury, then the worker may be entitled to 20%, 30%, 40% or more depending on the various other factors. If they were found to have sustained 30% disability then they would receive 150 weeks (500 weeks X 30%) of permanent benefits.

Compensation for scheduled member injuries is based upon the scheduled member that is injured. For example, if a worker were to have their arm amputated in a work related accident, they would receive 250 weeks of permanent disability benefits. If the injured worker sustained a 10% permanent impairment rating to their arm due to an industrial accident then they would receive 25 weeks (250 weeks X 10%) of permanent disability benefits even if they could not return to the same work that they have done for many years.

Your impairment rating all depends on the specific facts in your case, but it is important to have an Iowa lawyer who understands this so they can be sure that you are being paid the right amount for your work injury. Even though a worker with a hand injury may have the same permanent restrictions as a worker with a shoulder injury, the compensation for permanent benefits is very different.

There are exceptions to this rule. If the injured worker had injured another scheduled member in the past (regardless of how or when it occurred, whether it is work related or not) then they may be entitled to benefits under the Iowa Second Injury Fund Act which would then provide compensation as if they sustained a body as a whole injury like to the shoulder as discussed above.

by: Corey Walker

POST COMMENT

Free Consultations To Ensure You Receive Quality Advice From Solicitors Birmingham How To Start A Solo Law Practice The Difference Between Legal Number Plates and Display Number Plates Texas Duil Laws And Drunk Driving Consequences High-profile Wrongful Death Lawsuits - Legal Issues In The News The Effects Of High-profile Personal Injury Lawsuits Hollywood Magic And The Law: Lawyers In Film Mass Transit Accident Lawsuits: Answers To Common Questions Mass Transit Accidents: Important National Statistics What Is Dram Shop Liability Law? - What You Need To Know About Legal Matters Determining Compensation In Medical Malpractice Cases - Legal Info Determining Compensation In Premises Liability Cases - Legal Info Determining Fault In Medical Malpractice Cases - Legal Info