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Q AND A's ON IOWA WORKERS' COMPENSATION LAW

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6. VOCATIONAL REHABILITATION

An employee who suffers a permanent partial or permanent total disability and is unable to return to employment is entitled to physical rehabilitation benefits of $20.00 per week while participating in an approved vocational rehabilitation program. These benefits are in addition to other medical and disability benefits. The maximum number of weeks of these benefits is 26.

7. DEATH BENEFITS

When an employee dies as a result of an employment injury or disease, there may be three kinds of benefits paid. These benefits are:

a. Payment to surviving spouse.
b. Payment to dependents
c. Payment for burial allowance and medical or hospital expenses incurred.

Payment to spouse.
Payment to a surviving spouse is made from the date of death for his or her life or until remarriage. If the spouse remarries and there are no dependents of the employee, the spouse is paid a lump sum benefit equal to two years of benefits.

Payment to dependents.
If there is no surviving spouse, or after spouse's remarriage, or after death of spouse, the dependents of the employee receive benefits until age 18 or until 25 if still actually dependent. A physically or mentally incapacitated child will receive payments for the duration of the incapacity providing that the same is a sufficient mental incapacitation to prevent the child from earning a living.

Where an employee leaves a spouse and dependents, not in the same household of the spouse, the benefits shall be divided proportionally between the spouse and the dependents in that household and the dependents not members of the household. For example, if an employee leaves a spouse and two children in one household and two children by another marriage in another household, three-fifths of the payment will go to the spouse and the children and two-fifths of the payment will go to the other two children.

Burial allowance
Maximum burial allowance paid is $5,000. If an employee dies leaving no spouse or dependents, the only death benefits would be such burial allowance.

Rate of death benefits
The weekly rate of benefits is the same as for Temporary Disability or Healing Period as outlined on previous page

The weekly rate of payment for death benefit is based upon the amount of such payment as of the date the injury occurred or the date it was determined that the disease was contracted that caused the death.

8. SECOND INJURY FUND

A person having a permanent disability to a major member (first injury) who has a further work related permanent disability to a different major member, (second injury) is entitled to industrial loss as in the case of a non-scheduled injury (see previous page).

HOW TO GET BENEFITS

Report of Injury
Report the injury to the employer within 15 days if possible, but not later than 90 days. This is done by reporting to the supervisor, the plant nurse or any other representative of the company who may have the responsibility to report such matters to management. If you fail to report the injury within such period, such failure may not be crucial to your claim if the employer knew of the injury or had reason to know of the injury. However, do not take a chance. Always report any injury at the time it occurs.

Making a claim
If following the report of an injury, an employer has not acknowledged that such injury was from the course of employment or that an injury was from the course of employment or that an injury exists, the employee has two years to file such claim with the Industrial Commissioner of the State of Iowa at the place and address hereinafter set out. Failure to make such claim within two years of the date the injury occurred is an absolute bar to any obligation of the employer or insurance carrier to pay any of the benefits.

Making a claim for increase of benefits
If the employer has paid workers' compensation weekly benefits after an injury, but the worker is dissatisfied with the amount paid, then the worker has three years after the last payment is made to file a claim with the Iowa Industrial Commissioner to reopen the matter to seek more benefits. For injuries occurring on or after July 1, 1982, the payment of weekly benefits by the employer is not an admission that the disability is work connected. It must be proved by the worker.

RELEASE OF EMPLOYER

Usually payment by the employer does not release the employer from further claims of the employee and it is only the limitations above described that would release them from further responsibility to the employee.

An award, after a hearing with the Industrial Commissioner entitles the worker not only to compensation payments for permanent disability suffered, but also a right to reopen the case within three years after the last payment following such an award if the disability increases, and in addition, all medical and surgical hospital treatment needed at any time in the future as a result of such disability.

However, a lump sum settlement approved by the Industrial Commissioner may result in a waiver of your right to additional compensation or hospital and medical treatment. A settlement may finally close the case and entitle the employer to general release unless there is fraud or misrepresentation involved.

DAMAGE PAYMENT OTHER THAN WORKERS' COMPENSATION

If you are injured in the course of your employment you do not have any right to a claim for damages against your employer except as may be recovered under worker's compensation. You may have a claim against a co-employee but only if the injury was caused by the co-employee's gross negligence amounting to wanton disregard or neglect for you safety.

LIMITATIONS OR LOSS OF BENEFITS

There are three crucial periods which may be considered in making claims for benefits.

INJURIES BY THIRD PARTY

However, if you are injured in the course of your employment and a party other than the employer or fellow employee was negligent, you may be able to recover damages from such party in addition to worker's compensation. Any such damage payment is subject to reimbursement of all amounts paid you under worker's compensation.

LOST WAGES FOR MEDICAL CARE

For an accepted work injury qualifying for weekly benefits, a worker, who is not otherwise getting weekly benefits, receives regular wages for lost time for required medical care.

SUMMARY

Claims for employment injuries can be very technical. You should not act as your own advisor on these matters and should not take the word of  somebody who is acting on behalf of your employer such as employer management, employer's insurance carrier and employer's doctor. Persons who will assist you and have no interest of the employer would be your union representative and members of the Industrial Commissioner' office or your attorney.

For you convenience the names and addresses of such persons are as follows:

Iowa Industrial Commissioner's Office (State Agency which is the legal authority to administrate worker's compensation benefits) Staff of the Commissioner's office, Commissioner or and Deputy Commissioner, 1000 East Grand Avenue, Des Moines, Iowa 50319, phone 515-281-5387.

Contact the office of Iowa Federation of Labor, AFL-CIO, 2000 Walker, Suite "A", Des Moines, Iowa 50317, phone 515-262-9571 or 1-800-32-4817.

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