Workers' Comp Settlements in Iowa
Whether a workers' comp claim can be settled in Iowa, who must approve the settlement, and how long benefits can last.
Short answer: Yes. The two basic types are an Agreement for Settlement, which resolves the amount and extent of compensation due, and a Compromise Settlement, used when the parties disagree about the employee's benefits; Iowa Department of Inspections, Appeals, and Licensing, Workers' Compensation Settlements page; Iowa Code § 85.35
| Settlements | Yes. The two basic types are an Agreement for Settlement, which resolves the amount and extent of compensation due, and a Compromise Settlement, used when the parties disagree about the employee's benefits; a combination settlement accepts part of a claim through an agreement and resolves the rest by compromise. The Workers' Compensation Commissioner must approve each settlement. An approved compromise settlement ends both parties' future rights to benefits for the settled injury. Weekly benefits can also be converted (commuted) to a lump sum with approval if there is a specific need and it is in the employee's best interest; a full commutation ends all future rights to benefits, including medical, while a partial commutation does not end future rights. |
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| How long benefits last | Temporary total disability benefits end when the worker returns to work or has recovered enough medically to return to similar work. Healing period benefits (for injuries causing a permanent impairment) end when the worker returns to work, has recovered as much as expected, or is medically able to return to similar work. Permanent partial disability is paid for a set number of weeks: scheduled body parts have a fixed number of weeks (for example, 400 weeks for loss of a shoulder and 190 weeks for loss of a hand), and body-as-a-whole (industrial) disability is a percentage of 500 weeks. Permanent total disability benefits are payable for as long as the worker remains permanently and totally disabled. |
| Lawyer fees in comp cases | In Iowa all fees for legal services in workers' comp cases are subject to the approval of the workers' compensation commissioner (or a district court judge for services in the courts). An attorney may not take a fee based on compensation the employer voluntarily paid or agreed to pay, and may recover a fee only on compensation the attorney shows would not have been paid but for the attorney's efforts; disputes are resolved by the commissioner. |
Where to get help in Iowa
More Iowa workers' compensation
- Filing a Workers' Comp Claim in Iowa
- How Much Workers' Comp Pays in Iowa
- Retaliation for Filing Workers' Comp in Iowa
- Suing Over a Work Injury in Iowa
- Appealing a Denied Workers' Comp Claim in Iowa
- All Iowa workers' compensation rules
FAQ
How do workers' comp settlements work in Iowa?
Yes. The two basic types are an Agreement for Settlement, which resolves the amount and extent of compensation due, and a Compromise Settlement, used when the parties disagree about the employee's benefits; a combination settlement accepts part of a claim through an agreement and resolves the rest by compromise. The Workers' Compensation Commissioner must approve each settlement. An approved compromise settlement ends both parties' future rights to benefits for the settled injury. Weekly benefits can also be converted (commuted) to a lump sum with approval if there is a specific need and it is in the employee's best interest; a full commutation ends all future rights to benefits, including medical, while a partial commutation does not end future rights.
How long can you receive workers' comp in Iowa?
Temporary total disability benefits end when the worker returns to work or has recovered enough medically to return to similar work. Healing period benefits (for injuries causing a permanent impairment) end when the worker returns to work, has recovered as much as expected, or is medically able to return to similar work. Permanent partial disability is paid for a set number of weeks: scheduled body parts have a fixed number of weeks (for example, 400 weeks for loss of a shoulder and 190 weeks for loss of a hand), and body-as-a-whole (industrial) disability is a percentage of 500 weeks. Permanent total disability benefits are payable for as long as the worker remains permanently and totally disabled.
How much can a workers' comp lawyer charge in Iowa?
In Iowa all fees for legal services in workers' comp cases are subject to the approval of the workers' compensation commissioner (or a district court judge for services in the courts). An attorney may not take a fee based on compensation the employer voluntarily paid or agreed to pay, and may recover a fee only on compensation the attorney shows would not have been paid but for the attorney's efforts; disputes are resolved by the commissioner.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.