Many people need legal representation but cannot afford to pay a lawyer’s hourly rate. An alternative to paying for legal representation by the hour is the contingent fee. Most personal injury cases are handled on a “contingency fee” basis. The lawyer’s fee is based on (or “contingent” on) whether you actually get a recovery on your claim through trial or settlement.

The lawyer’s fee is a percentage of the recovery. The contingent fee percentages we use vary depending upon the nature of the case and other factors. It is important to note that expenses for your claim are always the sole responsibility of the client, under a contingent fee as well as an hourly fee. If we offer you a contingent fee, we will prepare a written fee agreement for you and the firm to sign. 

It is a system requiring employers to provide cash benefits and medical care to victims of work injuries and diseases.

You must establish your condition arose out of and in the course of your job. If you are injured you do not have to prove your employer was at fault.
 
Your employer cannot avoid responsibility by claiming your negligence or fault caused your injury.
 
The Iowa Workers’ Compensation law requires most employers to provide wage loss and medical benefits to employees who are injured while working. [85.61(7)] 

Generally there are four types of injuries that may be covered by workers compensation: 

1. A traumatic physical injury caused by a single event like bending, lifting, or falling.
2. A “cumulative injury” includes injuries such as a bad back, hearing loss, or carpal tunnel syndrome. This type of injury develops over a period of years and from repetitive stress or exposure (noise).
3. A disease that may be related to your job, like heart or lung disease.
4. Mental/emotional injury.

In Iowa, an injury may include any health condition caused by work activities other than the normal building up and tearing down of body tissues. Diseases, ringing in the ear(s), and hearing losses caused by work activities or exposures are also injuries.

You may still be entitled to benefits if you work aggravated or worsened you condition. A pre-existing condition does not disqualify you from benefits. A worker with a bad back is an example. A company doctor may describe it as “congenital” (meaning you were born with it). However, a doctor who thoroughly investigates the details of you work may find you work activities have aggravated or made worse your back condition.

Most employees who are injured in Iowa while working in Iowa are eligible for benefits. Employees hired in Iowa or whose employment is principally in Iowa may be eligible for benefits even if they are injured outside of the state.

A few types of employees are exempt. If you are uncertain if you are eligible for benefits, you may need to seek the assistance of an attorney.

Report it. There are important time limits. If you miss a time limit you may lose your right to benefits.

• Make sure you immediately report the injury to your supervisor and anyone else your employer has designated.
• If your employer does not get timely notice of your injury it may be able to defeat your claim even though you suffered a work injury.
• If there is a union, you should also tell your union steward about your injury. While the union cannot give you legal advice, it can help guide you though the process.

You have a right to file a formal claim for benefits. A contested case is a legal proceeding that leads to a hearing before a deputy workers’ compensation commissioner. There is no jury trial. Disputes are resolved by an administrative hearing held in front of a deputy or an assistant workers compensation commissioner.

The hearings are much less formal than a jury trial. At the hearing, you have the right to present evidence helpful to you case. The employer gets the same opportunity. After the hearing, the deputy issues a written ruling on whether you are entitled to benefits and if so, how much.

The deputy’s ruling can be appealed to the workers’ compensation commissioner. The commissioner reviews the record and then issues a “final agency” decision. Sometimes the final decision is challenged in the court system. This is called “judicial review.” Although it doesn’t happen very often, a case can be appealed all the way to the Iowa Supreme Court.

When a dispute cannot be settled by agreement among the parties, you may file a contested case proceeding before the Iowa Workers’ Compensation Commissioner. While the commissioner does not require it, most employees are represented by legal counsel in a contested case proceeding. 

The employer has the right to choose the medical care and must provide medical care reasonably suited to treat your injury. If you are dissatisfied with that care, you should discuss the problem with your employer (or its’ insurance carrier). You can request alternate care, and if your employer does not allow that care, you may file a petition for alternate medical care before the Iowa Workers’ Compensation Commissioner. 

Medical Care and treatment:
There are many benefits available to an injured worker. Your employer must pay for all authorized medical care to treat your injury.
 
No right to choose:
Unfortunately, Iowa does not give you the right to choose any doctor for treatment and have it paid for by the company.
 
You employer is required to pay only for medical care it has authorized. SO MAKE SURE YOUR EMPLOYER HAS AUTHORIZED THE CARE. Otherwise you may be responsible for the bill and not your employer.

If you are unable to work because of your injury you may be entitled to weekly disability payments.
 
Disability benefits:
Your employer or its workers’ compensation insurance company may make weekly payments while you are off work and healing from your injury. How much will depend on your job situation. These benefits will end when you return to work or the doctor says you are able to return to your job or similar work.

If you continue to work after being injured but have to take a job that pays you less, you may be entitled to partial disability benefits. How much will depend upon the facts of your case.

You may be entitled to more benefits from your employer for permanent disability. They are paid weekly. How much permanent disability you are entitled to will depend on many factors, including what part of your body was injured and the severity of your injury.
 
If your injury leaves you permanently totally disabled, you are entitled to weekly benefits for as long as you live.

The amount of weekly benefits or rate depends on how much you were making before you were injured. The rate would be roughly 80% of your pre-injury take home pay.
 
Any workers’ compensation benefits you receive are not taxable. That is one advantage workers’ compensation benefits has over payments from a company disability policy or sickness plan. 

The Iowa Supreme Court has declared any retaliation by an employer against a worker for making a work comp claim is against the law. If an ignorant employer does retaliate, it can be sued and held responsible for any damages you have suffered.
 
If you have a protected disability you may also have protection under federal and state laws including the Americans with Disabilities Act, Family Medical Leave Act, and Iowa and federal civil rights laws.