We do not represent employers or their workers’ compensation insurance carrier.
If you are currently involved in an active worker’s compensation claim, but do not have representation, do you get confused about some of the terms you receive in the letters from the claims adjuster? Below is some help with a few of the more common terms:
- Temporary Partial Disability (TPD): Benefit payment is basically two-thirds (66.66%) of the difference between your average weekly gross wage and the lesser amount you receive if you return to work at a lesser paying position, or return to work only part-time.
- Permanent Total Disability (PTD): As this implies, some injuries are of the nature that they take the injured worker out of the workforce permanently. Other than in very obvious situations, this classification is generally determined by the Court because it would require the insurance carrier to pay weekly benefits as long as the worker is unable to work, and in some cases for life. Frequently a worker with such a devastating injury will likely also qualify for Social Security Disability benefits. With proper legal advice there is a good chance you can receive both PTD and SSD without any kind of offset for receiving both.
- SOL – Statute of Limitations: As a general rule, the statute of limitations is two years from the date of your injury. In other cases it can be three years from the date you were last paid weekly benefits. Please note that in Iowa the receipt of medical benefits (insurance company paying medical bills) does not mean that your time within which to file a formal petition is extended.
- Ninety (90) Day Notice Requirement: Notice to your employer that you believe you were injured at the workplace is required to be given within ninety (90) days. In some circumstances where there are several co-workers that were witnesses to an obvious accident, or perhaps even your foreman or supervisor was a witness, formal notice is not required. In that case, the employer would have actual knowledge. However, frequently an employee may be injured while working alone, the injury itself may not obviously be work related but rather what is called a cumulative injury that has developed over time, perhaps even years. If in doubt, notify your employer immediately. There are certain other exceptions to the notice rule which would require you to consult with a qualified workers’ compensation attorney.
There are far too many issues and confusing regulations for an injured worker to be expected to understand and/or take advantage of what you are entitled to. Each and every claim has its own peculiarities. Insurance companies will not necessarily provide all the benefits you are entitled to. If you have questions with any of these issues, or others, we provide free consultation.
If you or someone you know has been injured at work and you would like to discuss your case with an attorney, please contact Walt Thomas a workers’ compensation attorney at Telpner Peterson Law Firm, LLP today at 712-309-3738.