How Much Will I Get From Workers’ Compensation Payments?
First, it is important to understand what to expect from the Iowa workers’ compensation system. The state has the highest average weekly maximum reimbursement rate in the country, but the actual amount of payment depends on what each individual was earning before the injury, as well as the type of benefit he is receiving. The rates for each type of benefit are:- Temporary total – 80 percent of the employee’s spendable weekly earnings
- Temporary partial – 66 2/3 percent of the difference between the employee’s average gross weekly earnings at the time of the injury and the employee’s actual earnings while temporarily working at the lesser paying job
- Healing period – 80 percent of the employee’s spendable weekly earnings
- Permanent partial – 80 percent of the employee’s spendable weekly earnings
- Permanent total – 80 percent of the employee’s spendable weekly earnings
- Death – 80 percent of the employee’s spendable weekly earnings
Third-Party Legal Claims Can Provide Additional Compensation
In some cases, an injury sustained at work may actually be the result of the negligence of a third party (neither the employee nor the employer). The injured employee could pursue a personal injury case against that third party to obtain additional compensation. These types of cases are often brought against:- Negligent drivers
- Manufacturers of defective products
- Manufacturers of toxic products
- Negligent business or apartment owners (premises liability)
- Co-workers
Pursuing a Legal Case Against Your Employer
In some less common situations, it is possible to pursue legal action against your employer. While workers’ compensation exists in part to shield employers from litigation, the law does allow injured employees to pursue a claim directly against an employer when:- An injury was the result of the employer’s negligence.
- An injury was the result of the employer’s intentional poor conduct.
- The employer does not have workers’ compensation insurance.