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There are some other ways to qualify for Iowa benefits also. Generally, the benefits in Iowa are so much better. We have seen a few cases where the South Dakota weekly rate was more but the rest of South Dakota law is terrible. 

The Nebraska provision for rehabilitation is better but very few ever qualify for that. The person should see an attorney who handles Nebraska and Iowa cases if he was hurt in Nebraska 

There is a two year deadline for out of state injuries. That is two years after the injury. That is different than injuries in the state where benefits were paid. Many attorneys don't know that and really get in trouble.

Q AND A's ON IOWA WORKERS' COMPENSATION LAW

IOWA WORKERS' COMPENSATION ACT
AS OF JULY 1, 1999

The Iowa Workers' Compensation Act provides the only legal remedy for workers who are injured on the job, against their employers. This handy digest of Workers' Compensation is presented by your Union to assist you in claiming your rights under the law.

This is a brief outline of the Act in effect as of July 1, 1999. The weekly benefit rate shown below applies only to an injury occurring between July 1, 1999 and June 30, 2000.

A SUMMARY OF THE IOWA WORKERS' COMPENSATION ACT

If an employee suffers injury or disease in the course of employment, they may be entitled to eight kinds of benefits. This also applies to aggravation of a pre-existing condition received in the course of employment.

The eight kinds of benefits are:

1. MEDICAL AND HOSPITAL BENEFITS

The employer is required to furnish reasonable surgical, medical, dental, osteopathic, chiropractic, podiatral, physical rehabilitation, nursing, ambulance, hospital services and supplies, the total of which is unlimited and one permanent prosthetic device. Transportation expense to get care is compensable at 24¢ per mile.

Medical and hospital payments for life for treatment related to the initial condition.

Choice of doctors
The choice of medical attendant and hospital is in the first instance with the employer, and the injured employee cannot recover for unauthorized medical and hospital services except in the case of emergency. If the employee has reason to be dissatisfied with the care offered, they should request the employer or insurance carrier to provide them with another doctor or hospital, or the choice of a number of doctors. If refused, they should apply to the industrial Commissioner for alternate care. A decision is made within twelve days.

Establishing disability
The worker, if requested by the employer, shall submit themselves to all reasonable medical examinations by physicians at the expense of the employer. In the case of permanent disability the worker may, if dissatisfied with the permanent disability rating, apply to the Commissioner for an examination by a doctor of their choice at the employer's expense.

Stay on Collection Proceedings
Medical care providers are barred from legal action pending resolution of disputed Worker' Compensation claims.

2. TEMPORARY TOTAL DISABILITY OR HEALING PERIOD

Temporary total disability or healing period payments are made to partially reimburse the employee for their loss of earnings while recuperating from the condition they have suffered.

Rate of Payment (Temporary Total Disability of Healing Period)
The rate of payment for temporary total disability or healing period is based upon 80% of the regular weekly earnings of the employee after taxes (premium pay for over time may be excluded, though not the overtime hours worked). In no case shall it exceed $996.00 per week.

When Payment Starts
When an employee has to any extent a permanently disabling condition, payments are called healing period and are paid from the date the condition occurred.

When an employee does not have any permanent condition, payments are called Temporary Total Disability benefits and payments shall begin on the fourth day of disability after the injury. If the disability extends beyond the fourteenth day following the date of injury, then the payment due the employee the third week shall include payment for the first three days following the injury. Thus an employee off three or more weeks receives an identical amount whether the same is considered Temporary Total Disability or Healing Period payments. In all other respects, Temporary Total Disability payments and Healing Period payments are one and the same.

Duration of Temporary Total Disability or Healing Period Payments
Temporary Total Disability ceases when an employee goes back to work, or is medically capable of returning to employment substantially similar to the employment in which the employee was engaged at the time of the injury. Healing period ceases when an employee goes back to work or medical evidence indicates that the employee will make no further improvement from their injury or that the employee is capable of returning to same or similar work whichever event occurs first. However, if the injury is to any extent permanent, the employee may thereafter be entitled to permanent partial benefits in addition to the Healing Period benefits paid toe them. The extent of any permanent partial benefits is hereinafter explained.

3. TEMPORARY PARTIAL DISABILITY

Temporary partial disability exists when the worker is unable to return to substantially similar work, but is able to do some work which the employer offers, even with the disability, The worker must accept the temporary job with the same employer. The temporary partial disability benefits paid are equal to two-thirds of the difference between the weekly gross wage from the temporary job. If the worker refuses the job, they get no workers' compensation benefits during the period of refusal. If offered work with a different employer, refusal will not result in loss of benefits.

4. PERMANENT TOTAL DISABILITY

If an employee is totally and permanently disabled from any further employment, the employee shall receive Permanent Disability Benefits for life payable weekly at a rate hereinafter explained.

5. PERMANENT PARTIAL DISABILITY

An employee has a permanent partial disability when they are able to return to some kind of work, but yet suffers some permanent disabling condition. Such payments are in addition to any Healing Period payments.

Where such disabling condition is to a member of their body, such as an arm or leg, it is designated as a scheduled injury and payment is made in accordance with a schedule for the loss to such member. If the loss to the member is not a total loss, then weekly payments are made for the number of weeks that the percentage of the loss relates to the total loss of such member. For example, total loss of the leg is scheduled at 220 weeks of payments. Fifty percent of the loss of the leg would be scheduled than as 110 weeks of payment. The schedule is as follows for 1999-2000 injury:

Non-Scheduled Permanent Partial Disability
If an employee has an injury to their body that is not included in the above schedule, they are said to have an injury to the "body as a whole".

Payment for such permanent partial disability to the "body as a whole" is based upon a percentage of such disability in accordance with their industrial loss. Payment is made as such percentage relates to 500 weeks. For example, a 50% disability to the "body as a whole" gives the employee 250 weeks payment and where they are earning sufficient wages to pay them the maximum weekly benefit, they would receive $916.00 a week for 250 weeks.

Method of Evaluation
When disability is to the "body as a whole" (not in the case of a scheduled injury to one member), the disability rating is based on the person's industrial disability. Industrial disability in addition to talking into account the person's physical loss, also takes into account the loss of earning capacity, because of the physical loss depending on factors such as the person's education, work experience, and capability of pursuing a skill. In other words, a production worker having an identical physical loss as that of a white collar may have a greater industrial loss in that the production worker's job requires greater physical strength and such person may not have education, training, and skill to carry on other work activity not requiring physical strength such as the white collar worker.

The one place where the worker may be treated most unfairly in such payments by the employer or insurance company is in the evaluation of the industrial loss. Many times, the insurance carrier and company will only pay the percentage of physical disability as indicated by the doctor and will not allow further benefits for industrial disability.

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Comments or Suggestions? E-mail the Communications Officer
of Siouxland Lodge 1426 IAMAW
Greg Enright