What is workers' compensation?

When you suffer an injury on the job, state law requires that your employer provide certain basic benefits, including:

• All reasonable and necessary medical care;
• Income replacement benefits, known as healing period or temporary partial disability benefits;
• Compensation for any permanent disability caused by your injury.

Workers’ compensation is not an employee “benefit.” Workers’ compensation is defined by the state law and required by law.

Is my injury work-related?

The rule, in both Iowa and Nebraska, is that all injuries or medical conditions arising out of and in the course of your employment are covered by workers’ compensation law. This includes both specific injuries and cumulative trauma injuries. Employers and insurance companies frequently deny legitimate injury claims, for any number of reasons. They’ll tell you that you had a pre-existing condition, or that your job didn’t cause your injury.

At Smith & McElwain, we understand how work injuries happen. If you have a legitimate claim that has been denied, we know how to prove that your injury is compensable and get you the benefits you deserve.

If I’m hurt on the job, what do I do?

Report your injury immediately! Don’t wait! Your employer cannot discipline or discharge you for reporting a legitimate injury claim. (But if they do, and you can prove it, they will pay.)

Your employer doesn’t make the workers’ compensation rules. Under Iowa law, you have ninety days to report an injury. In Nebraska, you are required to report your injury as soon as is reasonably practical.

But, the earlier you report your injury, the better. The longer you wait, the more reasons you give your employer to deny your claim.

Do I have the right to choose my doctor?

Under Iowa law, your employer has the right to select the treating physician, including your surgeon, if you require surgery for your work injury.

Yet, under Iowa law, your employer’s right to select your treating doctor is not without limits. Your employer, or its insurance company, are not supposed to micro-manage or direct the doctor’s care. Yet this happens. And when it happens to you, you need to understand the power of your rights to obtain the prompt and necessary medical care you deserve.

Under Nebraska law, you have the right to choose your treating physician, if prior to your injury you’ve properly notified your employer who your family physician is. And, under Nebraska law, you have the right to select your surgeon.

If you have any questions about your rights to medical care, or if your medical care has been unnecessarily delayed, we can help. At Smith & McElwain, we know how to get you the prompt and necessary medical care you need. If you have any questions about your rights to medical care, call our office. We will never charge you for talking or asking questions.

How are weekly compensation benefits calculated?

If your injury causes you to be off work (for more than three days in Iowa; for more than seven days in Nebraska) your employer must promptly pay you weekly compensation benefits. The amount of your weekly compensation benefit, or your “rate,” is calculated based on your hours worked and your wages or income you were earning at the time of injury.

Proper calculation of the weekly compensation rate requires a careful review of your payroll and attendance records. Employers and their workers’ compensation insurance representatives often under calculate the compensation rate, and underpay benefits due. An underpayment of benefits can cause financial hardship to you and your family.

We will never charge you for talking or asking questions. So give us a call at (712) 255-8084

How do I return to work following my injury?

This depends on the nature of your injury, any medical restrictions. However, returning to safe work should be everyone's goal.

If your doctor permits you to return to work, with or without restrictions, you should inform your employer immediately.

If your employer offers you a light-duty position, or other work that is within your restrictions, it is usually best for you to accept the offer and make a good-faith effort to do the job. If you refuse “suitable” work, this can result in termination of your income replacement benefits.

You may have other rights that protect you, like the Family Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA) or a union contract. If you have questions, give us a call.