Proposed Changes to Iowa Workers’ Compensation Law Under Review

Iowa Legislature is currently reviewing House File 518, with companion Senate File 435, which, if passed will herald in significant changes to Iowa Workers’ Compensation.

Proposed reductions in benefits, particularly to those who are 67 and older, are the most troubling for may workers:

• The standard for a compensable injury would change under the proposed law. In basic terms, work injuries would have to be a “predominant factor” in causing a disability – as in more than 50 percent – for benefits to be paid. This would replace the more general “probable cause” standard.
• Shoulder injuries, a common injury in construction and manufacturing, are currently categorized as potential industrial injury disabilities with compensation based on 500 weeks. Under the proposed law, a shoulder injury would become a scheduled injury limited to 250 weeks.
• The proposed law regarding remaining industrial injury disabilities will take into account the years a worker would have remained in the work force or age of retirement at the time of the injury to make a benefit determination versus a more open-ended approach.

Older workers may be looking at some changes to benefits if the proposed changes succeed.

• Employees age 67 or up receiving permanent partial disability benefits for body-as-a-whole injuries, will be limited to no more that 150 weeks of compensation under the proposal. Employees who receive permanent total disability benefits may continue until they are no longer permanently or totally disabled or until they reach the age of 67. Injuries sustained after the age of 67 would be payable up to 150 weeks only.

As of now, the bills are still under review. However, if passed, they would represent the most substantial changes in Iowa Workers’ Compensation in decades and will undoubtedly impact Iowa workers and their families.

If you have been injured at work, contact the Law Offices of John T. Hemmingerfor assistance with your workers’ compensation or personal injury claim. Our team has helped many injured Iowans get the compensation they are entitled to when they have been injured on the job. Call today at 515-283-2116.