Getting hurt at work can turn your life upside down fast. Medical bills may arrive while you are still figuring out your diagnosis, and missed work can put added pressure on your family. One of the biggest questions injured workers face is how much workers’ compensation will actually pay.
Iowa law provides a framework for calculating benefits, but the answer depends on your wages, injury and ability to work. The workers’ compensation attorneys at Johnson, Mulholland, Cochrane, Cochrane, Yung & Engler, P.L.C., help injured workers understand these issues in Fort Dodge and surrounding Iowa communities.
What Will My Weekly Workers’ Comp Check Be?
Your workers’ compensation check is tied to what you were earning before you were hurt. For many hourly workers, Iowa looks at your earnings during the 13 weeks immediately before the injury. The law calls the resulting figure your average weekly wage, or AWW.
That does not necessarily mean you can add up 13 paychecks and divide by 13. Iowa has rules about which earnings and weeks should be included. For example, certain weeks may not fairly represent what you normally earned. Because those details can change the calculation, it is important to make sure the wage information being used is accurate.
Your average weekly wage is then used to help determine your weekly workers’ compensation benefit. Iowa generally bases that benefit on 80% of what the law calls your “spendable earnings.” In simpler terms, the state uses a formula that considers your wages and certain payroll-tax information to determine the amount you should receive. Spendable earnings are not simply the amount of your usual take-home paycheck.
Iowa also sets limits on how much or how little certain workers’ compensation benefits can be. These minimum and maximum amounts can change, and the rates that apply generally depend on when you were injured. Your actual weekly check therefore depends on more than just your regular paycheck.
Does It Matter Which Part of My Body Was Injured?
Yes. If your injury causes permanent damage, the part of your body that was injured can affect how Iowa calculates your benefits. The law refers to these payments as permanent partial disability (PPD) benefits. Put simply, PPD benefits may apply when you have a lasting injury but are still able to work in some capacity.
How Benefits Work for Certain Body Parts
Iowa has a specific list of body parts, including hands, arms, feet, legs and eyes. These are legally known as “scheduled members.” Each listed body part is assigned a certain number of weeks of benefits for a complete loss.
If you have only a partial loss, your benefits are generally based on the percentage of permanent impairment. For example, if a qualifying injury results in a 20% permanent impairment to a scheduled body part, that percentage is applied to the number of benefit weeks Iowa assigns to that body part.
How Other Permanent Injuries Are Calculated
Some permanent injuries are not calculated using that body-part schedule. Depending on the circumstances, Iowa may instead consider how much the injury has reduced your ability to earn a living. This is known as “industrial disability.”
In practical terms, the question is not only how badly you were physically injured. The analysis may also consider how the injury affects the kind of work you can do and your ability to earn income.
There is an important exception. If you return to work or are offered work at the same or higher earnings, Iowa law may calculate your benefits based on your physical impairment instead. “Functional impairment” means the permanent loss of function caused by the injury, rather than the injury’s effect on your earning ability.
Because these rules can produce different results, it is important to keep good records of your wages, medical treatment and ability to work. You can also learn about steps to protect your workers’ compensation claim while your case is pending.
What Benefits Could I Receive While I’m Off Work?
Iowa workers’ compensation includes several types of benefits, depending on the injury and your ability to work.
- Temporary total disability (TTD): These are wage-replacement benefits that may apply when an injury temporarily prevents you from working. Iowa generally has a three-day waiting period. If the incapacity extends beyond 14 days, the waiting period does not apply.
- Temporary partial disability (TPD): These benefits may apply when you can work temporarily but earn less because of the injury. The benefit is generally 66 2/3% of the difference between the applicable weekly earnings at the time of injury and actual gross weekly income during the period of temporary partial disability.
- Permanent total disability (PTD): These benefits may apply when an injury leaves a worker permanently and totally disabled. Benefits are generally payable during the period of qualifying disability.
Iowa law also generally requires an employer to provide reasonable medical services related to a compensable work injury. In most circumstances, the employer has the right to choose the medical care. Understanding those rules can help you avoid problems as treatment progresses.
What Workers’ Comp Deadlines Apply in Fort Dodge?
Deadlines are another important part of an Iowa workers’ compensation claim. Generally, an employer must have notice or knowledge of an alleged work injury within 90 days. Determining when that period begins can become more complicated when an injury develops gradually rather than resulting from a single accident.
There are also deadlines for starting a contested workers’ compensation case. Depending on whether weekly benefits have been paid, different limitation periods may apply. Waiting too long can jeopardize the ability to recover benefits.
That is one reason to keep records from the beginning. Useful information can include:
- Medical records and work restrictions
- Pay stubs and other wage information
- Written communications with your employer or insurer
- Information about witnesses to the accident
- Records showing missed work or reduced earnings
Talk With a Fort Dodge Workers’ Compensation Lawyer
Workers’ compensation calculations can become complicated when questions arise about wages, permanent impairment or the ability to return to work. Injured workers in manufacturing, agriculture and other industries across North-Central and Northwest Iowa may benefit from understanding how these rules apply to their circumstances.
The Johnson Law Firm is a local Iowa law office serving individuals and families from Fort Dodge. If you have questions about your benefit rate or where your claim stands, contact our lawyers to discuss your situation and learn more about your options.