Can You Collect Workers Comp After Being Fired?

Can You Collect Workers Comp After Being Fired?

When you’re hurt on the job, you may already be worried about how long your employment will last. Can you be fired while on workers comp? Can you still collect workers comp if you’re fired? You’re already worried about working after your injury, but now, you’re also concerned about whether your benefits will end with your employment. 

In situations like these, you may need a workers comp lawyer on your Des Moines work comp claim. Your employer may be retaliating against you, which your lawyer can help you fight. Your job may also not be safe based on Iowa law. Luckily, your lawyer can help you seek the total workers compensation benefits you’re eligible for after your work accident. 

Retaliation for Workers Comp Claims 

Legally, Des Moines employers can’t fire you just because you filed a workers comp claim. That’s illegal, and they could face penalties for doing so. But that doesn’t mean they can’t fire you at all. 

In Iowa, most employers can fire you at will. They don’t have to give you a reason for being fired in most cases. Because of this, it can be difficult to fight back against being fired unless your employer stated they were firing you for that reason. 

Also keep in mind that your employer is allowed to fire you if they can’t accommodate your work restrictions. If your health has improved as much as it will but you’re still unable to do your job, your employer can legally fire you. 

Your Workers Comp Benefits May Be Safe 

Luckily, your work comp lawyer in Des Moines can help. You were still injured on the job, and because of that, you may still be due workers compensation. Your lawyer can determine how best to pursue the workers comp benefits you’re due and how to pursue justice if you were fired unfairly. 

Just because your employer can fire you doesn’t mean you’re out of options. They may still have an obligation to pay your workers compensation benefits, even if you’re no longer their employee. Because of this, your benefits could last for some time, even if you’re fired. 

In Iowa, you should continue receiving workers compensation benefits through your employer’s workers comp insurance provider. Even if you’re no longer an employee, your injuries were caused while working for the company. Because of this, their liability for your injuries can continue until you reach maximum medical improvement. 

Protect Your Workers Comp Benefits with a Des Moines Work Comp Lawyer

If you’ve been injured in a Des Moines work accident, you may be worried about your workers comp claim. That’s especially true if you were also fired. But you may still be eligible, and the lawyers at Pothitakis Law Firm, PC can fight for your workers comp benefits. If you’re worried that your benefits are on the line after being fired, call 319-754-6400 or fill out the following contact form for a free consult.

Does My Traumatic Brain Injury Count for a Workers Comp Settlement?

Does My Traumatic Brain Injury Count for a Workers Comp Settlement?

When you’ve suffered a severe brain injury, it’s already tough enough to get treatment. You may need special treatments and emergency surgery to help your situation. Worse, you may have been at work at the time, and now you’re worried about getting a Des Moines workers comp settlement. 

If you’ve recently suffered a traumatic brain injury at work, your suffering may qualify for a workers comp settlement. Often, this depends on the details of your Des Moines work accident. 

Luckily, you have the opportunity to seek help when you’re struggling to get compensated for your losses. A Des Moines workers comp attorney can help you determine whether your claim counts and how you can seek help. 

Brain Injuries on the Job

Brain injuries can happen any time you suffer trauma or force to the head. Falling objects, a slip-and-fall accident, a car crash, or any other blow to the skull can cause trauma to the brain. 

Your TBI can vary in severity, but any brain trauma can make it difficult to work. A mild concussion can make it difficult to focus, remember things, or even stay awake. A severe TBI can cause a loss of motor control and other vital functions.

Benefits for a Des Moines Brain Injury Claim

Because these injuries can be so severe, you need benefits that cover all your losses. But what should your Des Moines work comp settlement include? 

Your first thought may be your medical bills. You could be paying for treatments like brain surgery, rehabilitation, and therapy for years without benefits that cover your medical expenses. 

You may also be due workers comp benefits that cover your wages. These benefits cover a portion of your wages, depending on how long you’re unable to work and whether you’ll be able to return to work once your injuries have improved. 

What if My Des Moines Workers Comp Settlement Is Denied? 

Unfortunately, you may have reported your brain injury, but your employer’s Des Moines workers comp insurer has denied your workers comp claim. Now what? You’re not out of options. 

Your Des Moines workers comp lawyer can help you seek compensation through a hearing. Your Des Moines work comp attorney can present evidence to the Iowa Workers Compensation Commissioner that you were injured at work and due compensation. With the right experience and resources on your side, you have a chance to recover the maximum compensation for your accident.

Talk to an Iowa Workers Comp Lawyer About Your Traumatic Brain Injury

If you’ve suffered a TBI on the job, you may be eligible for compensation that covers all your losses and suffering. Even better, you don’t have to determine whether your traumatic brain injury counts for a Des Moines workers comp settlement without help. 

The lawyers at Pothitakis Law Firm, PC are here to help. Take advantage of a free claim consult by calling 319-754-6400 or completing the online contact form below. 

How to Calculate Your Workers Comp Disability Rating

An injury at work can leave you unsure of what your future holds. After your injury occurs, the next step is to file a workers compensation claim so you can potentially get your medical expenses covered and receive disability benefits. Disability benefits will cover up to 80 percent of your lost wages temporarily while you’re out of work.

When applying for workers comp benefits, a doctor appointed by your employer will assess your injuries and assign you a workers comp disability rating. This rating assesses your injury on a scale of 1 to 100 to determine how disabled you are and what benefits you should receive.

If you don’t agree with the disability rating you receive or need help with your workers comp claim approval, you should reach out to an Iowa workers compensation lawyer from Pothitakis Law Firm, PC. Having an experienced attorney guide you through the claims can give you the best chance of receiving maximum benefits.

Disability Rating Scale

The disability rating scale goes from 1 to 100, as mentioned, with 1 being unharmed and 100 being completely disabled. Once you receive your rating, the rating is multiplied by the number of weeks assigned to your injury in the state’s injury schedule to determine how long you’ll receive disability benefits. Not all injuries are listed in the state’s injury schedule, but some injuries listed include:

  • Loss of thumb–60 weeks
  • Loss of first finger–35 weeks
  • Loss of second finger–30 weeks
  • Loss of third finger–25 weeks
  • Loss of hand–190 weeks
  • Loss of arm–250 weeks
  • Loss of great toe–40 weeks
  • Loss of other toes–15 weeks
  • Loss of foot–150 weeks
  • Loss of leg–220 weeks
  • Loss of eye–140 weeks
  • Loss of hearing in one ear–50 weeks
  • Loss of hearing in both ears–175 weeks
  • Permanent disfigurement of the face or head–150 weeks

For example, if your disability rating is 50 and you lost your arm, then you’d receive benefits for 125 weeks. If your injury isn’t listed on the state’s injury schedule, then the length of your disability benefits may be determined by your age, your physical capacity, the local job market, or the possibility of rehabilitation.

What to Do If You Don’t Agree with Your Disability Rating

If you don’t agree with the disability rating assigned to you by the doctor, you can receive a second opinion from a doctor of your choice. Your employer should pay for this independent medical exam. You can also fight a denied workers comp claim with the help of your legal team.

Contact an Iowa Workers Compensation Attorney

The workers comp claims process can be complex. Even if you think you know your disability rating, you may be surprised to hear the doctor’s opinion. You should be prepared for whatever outcome you receive and know that fighting for your case is often possible.

If you need help maximizing your benefits, reach out to an Iowa workers compensation lawyer from Pothitakis Law Firm, PC. To schedule a free consultation, call 319-754-6400 or fill out the contact form below.

Iowa Workers’ Rights in the Wake of Coronavirus

Workers across the world are now dealing with the coronavirus, which is now affecting policies in every area of life. You may already be concerned about stay-at-home orders, testing, and layoffs. Now, though, you may be concerned about your Iowa workers’ rights in the wake of coronavirus. 

While much is still in the air, there are plenty of questions to ask. For example, many people are concerned about caring for their family financially if they get sick. If you’re concerned about your family, make sure you know your rights and how an Iowa workers comp lawyer can protect those rights. 

Workers Comp Benefits for Contracting Illnesses

Many people are now considered “essential” workers, which means you may need to work even as the coronavirus spreads. You may be in a position where you’re working directly with potentially sick people. This is especially true for healthcare and grocery store workers, who may only have so many protections against the coronavirus. 

Because of this, you may be exposed to this disease in the course of your work. Typically, you wouldn’t receive workers comp benefits for a virus, like the flu, but COVID-19 is more severe than the flu. Because the disease has spread so widely and the situation is so different, you may be eligible for workers comp benefits while you’re sick. 

What Happens if I’m Denied Workers Comp Benefits? 

Many people are now staying at home, being laid off or furloughed, or have contracted COVID-19 during the course of their jobs. Sadly, many people who file for workers comp benefits may receive denials for their claims. That means you may need to take your claim to a contested-case hearing

It’s difficult to say what your rights are as a worker when you’re in such a different, unprecedented situation. That’s why you may need an Iowa workers comp lawyer in the wake of the coronavirus. Eligibility rules may change over time, and you may need someone on your side to ensure your employer and the insurance company are respecting those rights. 

Talk to Your Iowa Workers Comp Lawyer about Benefits after Contracting COVID-19

When you’re sick because of the coronavirus, you may be unsure what happens next. Because the virus is so new, experts are still determining the long-term effects of COVID-19. Your health is on the line, and worse, you may not be sure of your Iowa workers’ rights in the wake of coronavirus. 

At Pothitakis Law Firm, PC, we know that everyone is struggling and worried about the current pandemic. We understand that your health and your family’s health may be on the line if you don’t have the funds for care. Because of this, our attorneys are working hard to make sure you get the funds you need to help you through the pandemic. 

If you’ve contracted COVID-19 and you’re worried about your finances and workers comp benefits, you have a chance to talk to an Iowa workers comp lawyer. They can discuss your benefits and what you can do if you’ve been denied. To take advantage of your free consultation, call 319-754-6400 or complete the online form below.

What Can I Do if My Old Workers Comp Injury Gets Worse?

What Can I Do if My Old Workers Comp Injury Gets Worse?

After you’re hurt in a work accident, you may eventually feel like you’re improving. Your injuries are getting better, and you have your workers comp benefits to rely on. Unfortunately, it’s not always so simple. Now, you may now feel like your injuries have only gotten worse since your work accident. 

That makes it tough to overcome your injuries, especially if you were supposed to return to work soon. Now, you may not be well enough to return to work when you’re supposed to. So, what can you do if your old workers comp injury gets worse? Make sure you’re taking the right steps to get your whole workers comp coverage, not just a part of it. 

Getting Fairly Compensated for Your Work Injuries

When you’re hurt in a work accident in Iowa, you’re eligible for compensation that covers your losses following an injury. Those benefits should last until you’re better. You wouldn’t have been injured if you hadn’t been at work, and now, you’re suffering for it. Your workers comp attorney, fortunately, can help with that. 

When you’re hurt at work, your benefits should cover all your related expenses until you’re better, which means time shouldn’t be an issue. For example, you may need surgery years after the accident. Because it’s necessary after your accident, your Iowa workers comp benefits should cover those losses regardless of how long after the incident it’s needed. 

Seeking Workers Comp for Your Losses 

Once you know what your injuries are worth and what further compensation you need, you need to actually seek that further compensation for your claim. Often, that means setting up a hearing with your workers comp lawyer and the workers compensation commissioner.

Your hearing is your chance to show them you need additional compensation for your losses. For example, you may need more time away from work or surgeries for your injuries, or you may only be able to work lighter shifts. In these cases, your attorney may focus on proving how severe your injuries were and how much more time and compensation you need to fully recover from those injuries. 

Fortunately, that means you have a chance to get compensated fairly for your losses, especially as your needs change over time. 

Get Coverage for Your Iowa Workers Comp Injuries 

Recovering from a serious injury isn’t always a straight path. You may see a lot of improvement one day, only to struggle with getting out of bed later in the week. Because of this, you may need more time than you or your workers comp insurance provider expected for your recovery. 

Fortunately, your lawyer from Pothitakis Law Firm, PC can help if your old workers comp injury gets worse. They can give you the guidance you need when you’re struggling with severe injuries and aren’t sure where to start with your legal concerns. 

Ready to talk to a workers comp lawyer and get help fighting for your compensation? Reach out to us for a free consultation. Give us a call at 319-754-6400, or complete the following online contact form.