Iowa Workers’ Compensation Frustrations, Whatever you do, DO NOT QUIT
Which things should an injured worker do before they quit their job?
In Iowa the newest strategy for employers and their insurance companies are to make injured workers quit. Because when the injured worker quits it saves the employer and their insurance company paying benefits for workers’ compensation and for unemployment benefits. I am fairly certain the Iowa Republican Party and the Reynold’s Administration will deny this is true. They will act indignant that no, it is the lazy workers who do not want to work. But that is a cynical explanation from a cynical industry that laughs at how many injured workers they have already made to quit and just go away.
Injured Workers Quitting a Job is The Worst Thing You Can Do
Quitting a job after sustaining a work-related injury is a significant decision that can have implications for your workers’ compensation claim and overall financial well-being. Before resigning from your position, consider taking the following steps:
- Consult with an Attorney: Before making any decisions, consult with an experienced workers’ compensation attorney. An attorney can evaluate your case, advise you on your rights, and help you understand the potential consequences of quitting your job on your workers’ compensation benefits.
- Understand Your Rights: Familiarize yourself with your rights under workers’ compensation laws in your state. Each state has specific regulations regarding eligibility for benefits, and quitting your job could impact your ability to receive compensation. Workers’ compensation weekly indemnity benefits and Iowa unemployment benefits come to mind. Not to mention the employment benefits you have earned the right to continue to claim.
- Document Your Injury: Ensure that your work-related injury is well-documented, including medical records, incident reports, witness statements, and any other relevant documentation. This documentation will be crucial in supporting your workers’ compensation claim. When clients who are injured workers come to me and they cannot even tell me the date of injury I am somewhat turned off. How can you get injured and not know the date. If you are not interested in your case, why should any lawyer be interested in helping you? After being injured start a notebook or even a note on your iPhone.
- Explore Accommodations: Before resigning, discuss potential accommodations with your employer that would allow you to continue working despite your injury. This could include modified duties, adjusted work schedules, or ergonomic accommodations. And when you ask for accommodations, do it in writing or at least an email you can print and save to a folder. For some communications they are so important that a phone message will not suffice. Use your computer or your email and save the emails to a folder. Iowa lawyers need dates, times and who was present for the conversation. And remember, just because your supervisor is friendly does not make them your friend.
- Review Your Employer’s Policies: Review your employer’s policies regarding workers’ compensation, disability leave, and resignation procedures. Understanding these policies can help you make informed decisions about your next steps. This is easier said then done and this suggestion is almost impossible for injured workers in Iowa to accomplish. But, with that said, try to do it anyway.
- Assess Your Financial Situation: Consider the financial implications of resigning from your job, particularly if you rely on your income to support yourself or your family. Evaluate whether you have alternative sources of income or support while you pursue workers’ compensation benefits. This is one of my favorite recommendations to injured workers and to injured people in general. I tell clients to look hard at what they are spending money on. Sorry folks but streaming services are not a necessity. Club memberships is also optional. Look at every line item and then categorize each line-item expense into absolutely necessary and optional. Then with the agreement of your spouse, start to terminate services. You are in a war. No one at work will care if you can not pay for your lifestyle.
- Obtain Medical Treatment: Seek medical treatment for your work-related injury and follow your doctor’s recommendations for treatment and rehabilitation. Document all medical expenses and keep records of your medical appointments and treatments. When you go to the doctor or a clinic or physical therapy, get a business card. Business cards are usually scheduling cards. Your lawyer is going to need to know who treated you and where they are located.
- File a Workers’ Compensation Claim: If you have not already done so, file a workers’ compensation claim with your employer’s insurance carrier. Be sure to adhere to all deadlines and requirements for filing a claim in your state. In Iowa it is as simple as reporting the injury to your supervisor or to HR. HR will probably have you fill out an accident report. Be specific and think about the words you use and the facts. Date of injury, time of injury and how the injury occurred better match up with what you told the doctors. There is no worse credibility issue than when histories do not match.
- Communicate with Your Employer: Keep your employer informed about your injury, treatment, and any work restrictions or accommodations recommended by your doctor. Open communication can help facilitate a smoother transition if you ultimately decide to resign. Do not be afraid of your employer, talk with them. They might fire you and then they might fire you anyways. But, you can only control what you can control. You still have to be cooperative, polite, and factual. So be those things.
- Consider Alternative Options: Explore alternative options for employment or income support, such as vocational rehabilitation programs, job training, or disability benefits, before resigning from your job.
If you can avoid quitting, then do not quit.
Ultimately, the decision to quit your job after a work-related injury should be made carefully and with consideration of all relevant factors. Consulting with a workers’ compensation attorney can provide valuable guidance and ensure that your rights are protected throughout the process.