Question 1

What Can You Recover in a Workers’ Compensation Claim?

Accepted Answer

Under the Iowa Workers’ Compensation laws, employees can generally receive two types of benefits:  Medical Benefits: This includes benefits paid for all reasonably necessary medical expenses in connection with the treatment of your injury. This can even include the cost of necessary transportation. Disability Benefits: These benefits are to replace lost wages for not being able to work due to a temporary or permanent disability. This type of payment cannot exceed 80% of your weekly spendable earnings. Spendable earnings are defined as the amount left over after payroll taxes are deducted from gross weekly earnings. The amount of wage replacement benefit you are eligible for is mostly determined by the severity of your ailment and the amount of money you earned in the previous year. Temporary Total Disability: If you miss more than three days of work due to an injury, you may be eligible for wage replacement benefits beginning on the fourth day. Unless your disability lasts longer than fourteen days, you will not be paid back for the first three days missed.  Temporary Partial Disability: If your injury leaves you impaired or disabled to the point where you can only work a lower-paying job when you return to work, you may be eligible for benefits under this category. These benefits will cover around two-thirds (67%) of the wage gap between your previous and present positions.  Permanent Total Disability: If you are unable to return to work, you will receive full workers’ comp benefits.  Permanent Partial Disability: When an injury results in a permanent disability, benefits are awarded. The amount of benefits will be determined by the severity of the permanent disability, the body part injured and the potentially any resulting physical restrictions.

Question 2

Who Pays Workers’ Compensation Benefits in Iowa?

Accepted Answer

The Workers’ Compensation Commissioner’s office is responsible for enforcing the workers’ compensation law, but it does not award benefits.  If the employer obtained an insurance policy, the employer is responsible for paying the premiums, while the insurance company (or adjusting firm) is responsible for paying the injured employee’s workers’ compensation benefits.  If the employer is self-insured, the employer (or adjusting business) pays the injured employee’s workers’ compensation benefits.  Any company that fails to offer insurance coverage for eligible employees as required by law may be liable to an employee for additional workers’ compensation benefits or civil damages under Iowa Code Section 87.21.

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