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![]() Workers' Compensation Information The
following information is intended as general information, and not as
legal advice specific to your case. There are many variables
which may affect your eligibility for benefits. Those
possibilities are far too numerous to address here, as no website can
be a substitute for legal advice specific to your needs.
What kinds of injuries are compensable? Virtually any type of injury or illness that is caused or worsened by your employment can entitle you to workers' compensation. Under both Iowa and Illinois law, your injury or condition must "arise out of and in the course of" your employment. Common injuries, like broken bones and back pain are obviously compensable. Injuries that develop over time, like hearing loss or carpal tunnel syndrome are compensable, as are conditions that result from long term exposure to chemicals or contaminants. What types of benefits are available? Your employer (or their insurance company) must pay for all medical care that is reasonably necessary for you to recover from your work-related injury. They must pay these bills in full and cannot require you to pay a deductible or co-payment. If you miss work as a result of your condition, they will be required to pay you cash disability payments until you are fully recovered or reach "maximum medical improvement," where you are not expected to improve any further. Once you reach that point, you will be assessed for any permanent disability and you may be entitled to additional cash benefits on that basis. If you are permanently unable to return to work, you may be entitled to lifetime workers' compensation benefits, and the family of a worker who is killed may receive benefits as well. The benefits are also sometimes referred to as workman's compensation. How much will I receive in benefits? The amount of your workers' compensation benefits depends on several factors, including the state in which your workers compensation claim is brought. For the most part, the amount to which you are entitled is based on the average amount that you were paid for a period leading up to your injury. The number of dependents that you have is a factor as well. Are there time limits involved? Yes!!! First, there is a very short time that you have to give notice to your employer that you were injured. In some cases, such as if an ambulance is called for a major accident, it is obvious that your employer knows about your injury. However, in other cases it is not so obvious that a condition may be work-related. To be safe, you should notify your employer immediately when you believe you have a condition that may be related to your work. In addition, there are time limits to file a claim when your employer disputes your claim or you believe you are entitled to more workers' compensation benefits. An attorney can explain these notice requirements and time limits to you further. Can I see my own doctor? This depends entirely on the laws of whichever state governs your claim. If you have an Illinois claim, for example, you are entitled to choose your own doctor, and to change doctors once. In addition, you are entitled to see other doctors to whom your chosen doctor refers you. On the other hand, in Iowa, the employer has the right to select your physician. You cannot see your own doctor unless your employer agrees to that choice. There are procedures in place to change physicians if you are not satisfied with the care from the company doctor. How much are attorney fees and costs? Attorney Paul Silich offers contingent fees in workers compensation claims. The amount of these fees depends on the state involved and other factors like the complexity of your case. In addition to attorney fees, you would be responsible for reimbursing your attorney for out of pocket costs which were spent to develop your case. The most common costs are for medical records, filing fees, and depositions. |
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A Social Security Disability and Workers' Compensation law firm located in Dubuque County, Iowa. Lawyer serving clients throughout Eastern Iowa and Northwest Illinois, including Cedar Rapids, Clinton, Dubuque, Davenport, Dubuque, Waterloo, Galena, and Freeport. Information provided on this website is intended only as general information, not specific legal advice. No attorney-client relationship is established until a written representation agreement is executed. An Iowa and Illinois Social Security Disability, SSI and workers' compensation attorney. |