Workers’ Compensation

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If you’ve been hurt on the job in southwestern Iowa, you could be entitled to file a workers’ compensation claim with your employer or their insurance provider. Assuming you’re an eligible employee, workers’ comp will pay for any medical care you need because of your injuries, offset many of your lost wages if you can’t work or have to take a light-duty role, and pay you for any long-term disability you suffer because of your injuries. But while Iowa’s workers’ compensation system serves as an important lifeline, grabbing hold of it is not always easy. That’s why you should consider getting help from a law firm that’s been helping generations of Iowans assert their rights and get the compensation they’re entitled to under the law.

As one of the oldest continually operating law offices in the state, Stuart Tinley Law Firm provides the dependability, reliability, and empathy you need during life’s challenging moments. We can pursue your workers’ compensation case on your behalf and advocate for you throughout the claims process. Contact us today for your free consultation with a workers’ compensation lawyer in Council Bluffs and get your questions answered at no cost or obligation.

What Sets Stuart Tinley Law Firm Apart

A workplace injury puts a lot on your plate in a hurry. You’ve got your medical care to manage, which can be especially hard if you’re a rural worker who has to travel hours to keep your appointments. Bills keep piling up, and you might not be able to do anything about them if you’re too hurt to work. You could be entitled to benefits through workers’ comp, but you’re having enough trouble as it is.

Fortunately, you don’t have to deal with this all on your own, because you can turn to a storied law firm whose attorneys and support staff want to help. Here’s why your next call should be to Stuart Tinley Law Firm:

  • We have been serving southwestern Iowa for 160+ years. Stuart Tinley Law Firm opened its doors in 1861, making us one of the oldest continually operating law firms in the state. Generations of Iowans have been happy to trust us with their most demanding legal needs.
  • We continue to invest in the future. While we’re proud of our history, we don’t live in the past. We invest in the latest technology to help us manage cases effectively and efficiently. We’ll always know where your workers’ comp claim stands, what issues need to be addressed, and how to keep you informed about your progress.
  • We serve the entire region. While some law firms in Council Bluffs concentrate on the Omaha market, we focus instead on the blue-collar towns on this side of the border. Our long history in the region means we know these communities and their unique needs, helping us serve them more effectively.

We’ll guide you through this complex process at no upfront cost to you. Contact us now, and we’ll set up a free consultation, whether that’s in our offices in Council Bluffs or somewhere more convenient to you.

How Workers’ Compensation Works in Iowa

Iowa’s workers’ compensation provides a number of no-fault benefits to eligible workers who get injured on the job. Nearly all employees in the state are covered, although there are exceptions for:

  • Independent contractors
  • Members of limited liability companies
  • Proprietors and partners

Some states exempt many agricultural employers from having to buy into the workers’ comp system. This isn’t the case in Iowa, where farm work makes up such a large portion of our economy. Under Iowa law, farm employers whose cash payroll totaled at least $2,500 in the previous year must provide workers’ compensation for their employees, except for certain family members as well as otherwise exempted workers. In short, employees who are injured in farm accidents in Iowa are often entitled to workers’ comp benefits.

If you’re an eligible employee who’s hurt on the job, you could be entitled to the following benefits:

  • Medical Benefits – These cover all reasonable and necessary medical treatment related to your work injury, including doctor visits, hospital care, surgery, prescriptions, physical therapy, mileage reimbursement for medical travel, and medical equipment.
  • Mileage Reimbursement – You may be reimbursed for travel expenses to and from authorized medical appointments, which can be particularly important if you’re a rural worker.
  • Temporary Total Disability (TTD) Benefits – These wage replacement benefits are paid if you cannot work at all for more than three days due to the injury. They typically amount to 80% of your spendable weekly earnings, subject to state limits.
  • Temporary Partial Disability (TPD) Benefits – These are paid if you can return to work in a reduced capacity or at lower wages while you recover. They make up part of the difference between your pre- and post-injury earnings.
  • Healing Period Benefits – These are paid while you recover from an injury that has not yet reached maximum medical improvement (MMI), even if your employer cannot provide suitable work.
  • Permanent Partial Disability (PPD) Benefits – You are eligible for PPD benefits if you suffer a permanent impairment that partially limits your ability to function or earn wages. How much you get depends on what part of your body is affected and to what degree it is.
  • Permanent Total Disability (PTD) Benefits – You become eligible for PTD benefits if you’re unable to return to any substantial employment because of the work injury. PTD benefits can last indefinitely.
  • Vocational Rehabilitation Benefits – If you can’t return to your previous occupation, workers’ comp will pay to retrain you or help you find other work.
  • Death Benefits – Should your injury prove fatal, your surviving dependents will receive weekly compensation payments and a set amount for funeral expenses.

How to Pursue Your Workers’ Compensation Claim

Hurt on the job in southwestern Iowa? Start by reporting your injury to your employer or supervisor, in writing, as soon as possible, and not later than 90 days after your injury. Your employer (or their insurer) will then start your claim by investigating your injury to determine if it’s covered. They will then either accept or deny your claim. Don’t panic if your employer or their insurer denies your claim. A Council Bluffs workers’ comp lawyer with Stuart Tinley Law Firm can appeal the decision by filing a petition with the Department of Inspections, Appeals & Licensing. We will represent you during arbitration hearings and beyond as necessary to get you the benefits you deserve.

Workers’ Compensation and Third-Party Lawsuits

A workers’ compensation claim is typically your exclusive remedy after a workplace injury, meaning you likely cannot sue your employer even if they’re to blame for what happened. However, if someone other than your employer or a co-worker caused or contributed to the accident, you could be entitled to file a lawsuit against that person. Common examples include injuries caused by:

  • Negligent drivers while making work-related deliveries
  • Defective machinery or farm equipment
  • Unsafe property conditions at another company’s worksite
  • Negligent subcontractors on construction projects.

You can pursue workers’ compensation benefits while also bringing a separate claim against the responsible third party. Crucially, a third-party claim can provide you with compensation for things not covered by workers’ comp, including:

  • Pain and suffering
  • Emotional distress
  • Full lost income

If you’re eligible for both, workers’ compensation can provide you with immediate financial support while you proceed with your third-party claim. However, workers’ compensation insurers may have a right to reimbursement from any third-party settlement or verdict. Stuart Tinley Law Firm handles both types of claims, which means we can coordinate them carefully while keeping everything under one roof.

Contact Our Workers’ Compensation Attorneys in Council Bluffs

Stuart Tinley Law Firm is proud to stand up for the hardworking people of Council Bluffs and the surrounding region. If you’ve been hurt on the job and have questions about what happens next, let us give you the answers you’re looking for during a free consultation. Contact us today and speak with a workers’ compensation lawyer serving southwestern Iowa.