Des Moines Workers’ Compensation Cases
Many, if not most workers’ compensation claims are settled. The Iowa Workers’ Compensation Commissioner must approve all settlements involving a work injury. Generally, Iowa law allows for four different types of settlements:
Compromise Special Case Settlement: A compromise settlement is possible when you, your employer and its insurance carrier disagree as to whether you are entitled to receive workers’ compensation benefits. An approved compromise settlement ends any rights to future weekly benefits or medical benefits for the settled injury. Your settlement is paid on a lump-sum basis.
Agreement for Settlement: An agreement for settlement is a voluntary agreement between you, your employer and its insurance carrier as to the amount and type of compensation benefits you are currently due. The Workers’ Compensation Commissioner’s approval of an agreement does not injure future rights to additional weekly benefits or additional medical benefits. Generally speaking, agreements for settlement are used when a worker sustains a permanent injury and returns to work to the same or a similar position he or she had at the time of the injury.
Full Commutation: A full commutation pays all future benefits in one lump sum. Because an approved full commutation ends all rights to additional weekly or medical benefits, you must show that you have a specific need for a full benefit payment now and that such a lump-sum payment is in your best interest. A full commutation means that your future benefits are generally discounted to their present value. The discount can, however, be waived by your employer and its workers’ compensation insurance carrier.
Partial Commutation: A partial commutation pays a part of remaining future weekly benefits in a lump sum. An approved partial commutation contains your, your employer’s and workers’ compensation insurance carrier’s agreement that you are entitled to disability benefits. It does not end your right to future weekly or medical benefits.
The Statute of Limitations
It is important to begin the process of filing for workers’ compensation soon after your injury, as Iowa has a two-tiered statute of limitations that applies to workers’ compensation claims. Generally speaking, you must receive Iowa workers’ compensation benefits or file an application for arbitration with the Iowa Workers’ Compensation Commissioner, along with the applicable filing fee, within two years of your injury, or benefits may be denied.
A Des Moines workers’ compensation lawyer from the law office of LaMarca & Landry, P.C. can help if you believe the statute of limitations may be running out on your claim.
Unfortunately, sometimes it is necessary to secure the assistance of a Des Moines workers’ compensation attorney just to make sure your rights are respected during workers’ comp proceedings. Contact LaMarca & Landry, P.C. today at 877-327-2600.