Des Moines Workers’ Compensation Lawyers
Injured at Work? Don’t Fight Alone.
Don't let a workplace injury overwhelm you. Our dedicated team has spent over 20 years fighting for the rights of injured Iowans. We handle the workers’ compensation claim process so you can focus on healing — with no fees unless we win.
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See How We Help You at Each Stage of the Journey
Our Unique Approach to Workers’ Compensation in Iowa
Your workers’ compensation claim is more than a legal case. It’s an essential part of your livelihood and your future. At Schott Mauss & Associates, we ensure your wellbeing remains at the center of your case. Our goal is to be your advocate through the entire process. Here’s a look at our process.
We Listen to Your Story
Our first step is always to listen. We want to hear your story and learn how we can best serve your needs.
We Simplify the Legal Process
Whether we’re filing a claim or fighting a denial, we make it as simple as possible for you. We’ll bring clear answers to your questions in terms you can understand.
We Partner With You in the Fight
We’re with you from start to finish. Whether your case is resolved quickly or requires multiple appeals, we’re behind you all the way.
TESTIMONIALS
Proven Results for Injured Iowa Workers
“Great customer support and service. The whole office treated me with respect and dignity. Gave fair and honest information about all aspects of my case's with workers' compensation benefits and Social Security Disability benefits. With Iowa's law's changing during my case's they had the knowledge and experience to help guide me. I felt like I had the best team by my side.”
““What an awesome law firm. I wanna thank Matt Milligan and Rikki Barrett for the outstanding job they did on my case. They were patient, understanding, showed perseverance, and went over and beyond expectations. I recommend this law firm to anyone wanting great results! They Rock!!!!!!!!””
Who Qualifies for Workers’ Compensation in Iowa?
Workers’ compensation covers most full-time, part-time, and seasonal workers in Iowa. It applies to injuries that arise “out of and in the course of” your employment. This means the injury must be directly related to your work duties. It is “no-fault” coverage, meaning you can receive benefits even if the accident was your fault.
If you’ve been injured at work, you may be eligible to receive financial assistance to cover medical expenses, lost wages, and rehabilitation costs. We represent Iowans who have suffered work-related injuries and illnesses that include (but aren’t limited to):
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- Head and traumatic brain injuries
- Herniated disks and other back injuries
- Broken bones
- Amputation injuries
- Crushed limb injuries
- Burn injuries
- Hearing and vision loss
- Repetitive stress or cumulative injuries
- Respiratory illnesses
Denied? We’re Here to Help
Only about one in five Social Security Disability applicants is approved on the first try. If you’ve been denied, it’s important not to despair. Over the decades, we have helped countless individuals overcome denials by successfully appealing denied claims.
Our team is well-prepared to help you appeal through any available means, including:
- A request for reconsideration
- An administrative hearing
- An appearance before the Appeals Council
- A federal court appeal
Read more about we help you through the appeals process.
Understanding Your Workers’ Compensation Benefits
After an on-the-job injury, you may be wondering what benefits are available to you. There are several different types of benefits that can last for different lengths of time. Here is a clear breakdown of the types of compensation we can help you fight for.
Medical Care
Your employer or its insurer must pay for all reasonable and necessary medical care to treat your injury. Your employer has the right to choose the medical care you will receive, but you have the right to request alternate care. If your employer denies your request, our attorneys can file a petition with the Iowa Workers’ Compensation Commissioner on your behalf.
Temporary Benefits (Healing Period)
If your injury causes you to miss time from work, you may be eligible for temporary benefits. These include:
- Temporary Total Disability (TTD): Up to 80% of your weekly earnings if you can’t work at all. Temporary Partial Disability (TPD): Up to two-thirds of the difference in your wages if you return to lower-paying work (such as light duty).
Permanency Benefits
If your injury causes a permanent impairment, you may be entitled to ongoing payments. These are paid after you reach maximum medical improvement, the point where a doctor determines your condition is not expected to improve further. They include:
- Permanent Partial Disability: Benefits paid for a permanent injury that still allows you to return to work. The amount will depend on the type of injury.
- Permanent Total Disability: Benefits paid if your injury leaves you permanently unable to return to any form of gainful employment.
Other Forms of Compensation
You may be able to receive lump sum settlements in place of ongoing weekly payments of disability benefits. You could also receive death benefits if you are a qualifying surviving next of kin of a fatally injured worker.
OUR PROCESS
How We Help With Your Workers’ Comp Claim
Filing Initial Claims
Working with a lawyer from the start increases your chance of a successful claim. We’ll help you know your rights and guide you through the workers’ compensation filing process.
Appealing Denied Claims
A denial doesn’t have to be the end. If your claim was rejected, or if you aren’t receiving the full benefits you deserve, we’ll help you navigate the appeal process.
Resolving Disputes
Insurance companies may dispute a variety of issues, from how severe your injury is to how necessary your medical treatment is. We serve as your advocate in these situations.
Representing You in Court
If we cannot reach a fair resolution with your employer’s insurer, or if your claim is denied in bad faith, we are fully prepared to represent you in formal legal proceedings.
Workers’ Comp Claim Denied? We Can Help
If your employer rejected your claim or isn’t paying the full amount, you have the right to appeal. You may want to appeal your claim if:
- Your benefits were denied unfairly
- You aren’t receiving the full value of your claim
- You aren’t receiving adequate medical care
Our attorneys can help you fight your denial. We will review your case, gather new evidence, and guide you through the appeals process with the Iowa Workers' Compensation Commissioner. You don't have to navigate this alone.
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Frequently Asked Questions About Workers’ Compensation in Iowa
FAQs
There are a number of workers’ compensation benefits you may be eligible to receive, including:
- Medical Care (Iowa Code §85.27) Under Iowa law, the employer and its insurance carrier shall provide reasonable and necessary medical care for your work injury. If your claim is accepted, you will not have to pay for any of the medical treatment. You are also entitled for mileage reimbursement for your travel to and from medical appointments.
- Temporary Total Disability (TTD), Temporary Partial Disability (TPD).These are essentially weekly checks for missed or reduced work. If your workers’ compensation doctor keeps you off work completely or places you on work restrictions that your employer cannot accommodate, you are entitled to temporary total disability, or TTD, benefits. If you are placed on work restrictions and the employer pays you for less hours or at a reduced wage, you are entitled to partial weekly checks called temporary partial disability, or TPD, benefits.
- Permanent partial disability (PPD) These are weekly benefits to compensate you if your work injury causes a permanent disability. The amount of these benefits largely depends on the body part injured and how severe the permanent disability is.
- Permanent total disability (PTD) These benefits are awarded if the workers’ compensation commissioner states that the injury has caused you to be 100% disabled, meaning there is no competitive full-time work you can perform. If you are found to be permanently and totally disabled, you are entitled to weekly benefits the rest of your life.
Many factors go into what you may be entitled to, so we advise speaking with an attorney to see if you are being paid fairly.
No, you should not see your own doctor if the insurance carrier has accepted liability for your claim.
An exception would be if your accident is an emergency. In that case, be sure to get treatment as soon as possible. If it’s not an emergency, Iowa law states that the employer and insurance carrier have the right to choose the medical care. So, if you are seeking care on your own, it will cause issues if a different insurance company pays for the treatment.
Also, it’s possible that you have to pay out-of-pocket if you choose to get medical treatment on your own. If you feel like you are not getting reasonable medical treatment, a workers’ compensation attorney can help you obtain the treatment that you need.
Maximum medical improvement (or MMI) is the point at which an injured workers’ disability has stabilized. In other words, this is the point where your medical condition has plateaued from the medical treatments, and the condition is as good as it is going to get.
This usually marks the end of the “healing period,” meaning the employer and insurance carrier need to figure out if the condition is permanent and pay out permanent partial disability accordingly.
Once an injured worker reaches maximum medical improvement (MMI), the employer and insurance carrier needs to figure out if the condition is permanent. To do so, they will reach out to a treating doctor or an evaluating doctor to assign a permanent impairment rating.
In Iowa, the doctor will be asked to use a medical book called the AMA Guides to the Evaluation of Permanent Impairment, Fifth Edition, to issue a percentage rating of how much loss of use you have suffered from your injury. Many times a doctor will opine you have suffered a 0% loss of use from your work injury. If that is the case, the carrier will tell you that you are not owed any permanent partial disability (PPD) benefits.
If a doctor does give you a rating, the number of weeks will depend on what the percentage is and what body part is injured. Under Iowa workers’ compensation law, different body parts are assigned a different number of weeks. For example:
- The hand is on a schedule of 190 weeks.
- An arm is on a schedule of 250 weeks.
- A shoulder is on a schedule of 400 weeks.
So, if your injury is to your shoulder, and a doctor assigns a 10% rating, you would be entitled to 40 weeks (10% of 400) of PPD benefits. If you believe that your rating seems very low, you are entitled to get an Independent Medical Evaluation (IME).
Yes, you are usually entitled to further benefits even if the insurance company paid out your impairment rating. Some people believe once the rating is paid, the case is over. This is not true, and if you are still in pain, it is advisable to continue to get medical treatment under workers’ compensation care.
First, even if you reach MMI and your rating is paid, you are still entitled to lifelong medical benefits.
Second, if the impairment rating seems low, you are entitled to choose your own doctor for an Independent Medical Evaluation (IME) to make opinions about your rating.
If you have an injury to the body as a whole, you could be entitled to “industrial disability” benefits. These could amount to a much greater amount than the insurance company will pay you. We will help you understand how to pursue these additional benefits.
- A scheduled member injury. This is usually an injury to the extremities, such as an arm or foot injury. In these cases, you are only entitled to the permanent impairment rating to that body part. So, as explained above, a 10% rating to the shoulder, which is on a schedule of 400 weeks, means you are entitled to 40 weeks of PPD benefits.
- A body as a whole injury. Common injuries to the body as a whole would be back injuries, hip injuries, neck injuries, and head injuries. These injuries are usually worth more because a workers’ compensation deputy can assess how your injury has affected your earnings capacity. The deputy would look at a number of factors to assess your loss of earnings capacity, such as:
- Your age
- Your educational background
- Your work history
- Permanent work restrictions
- Pre-injury vs. post-injury earnings
So, if you have a back injury and the employer is unable to keep you employed due to the injury, a deputy could award a 50% industrial disability loss, for example. Body as a whole disabilities are based on 500 weeks of benefits, so a 50% award would amount to 250 weeks of benefits, which is likely far more than an insurance carrier will pay you voluntarily. If the deputy states you are 100% disabled, you are entitled to benefits for the rest of your life.