If your workplace injury or work-related illness has left you with a permanent total or partial disability, you have the right to negotiate a lump sum payment from your employer’s workers’ compensation insurance provider. Like any insurance company, though, the adjuster is likely to offer a low, quick settlement, hoping that you accept the money and forfeit the right to seek further money in the future, if you require additional medical care.
Lump Sum Payment For Permanent Total Disability
This is referred to as a full commutation under §85.45 and §85.47 of the Iowa Administrative Code. The law reads:
“When approved, a full commutation ends all of the employee’s future rights to any additional benefits, including medical benefits. In order for a commutation to be approved by the workers’ compensation commissioner, it must be shown that the employee has a specific need and that the lump sum is in the employee’s best interest.”
A partial commutation (§85.45, §85.47 and §85.48) simply means that the worker may negotiate a lump sum payment for all remaining benefits.
Lump Sum Payments For Partial Permanent Disability
The Iowa Division of Workers’ Compensation publishes a schedule of the benefit valuation of a range of partial disability or dismemberment injuries (Administrative Code §85.34). In most cases, the insurance company will use this schedule as the basis for its settlement offer. It is important to remember, however, that the schedule is used as a guideline rather than a firm rule for monetary compensation. Having an attorney with a strong understanding of the full amount of damages in personal injury litigation can mean fighting for a higher settlement to meet your expected needs over a lifetime.
Hiring The Right Lawyer Will Often Make The Difference
Leddin Law Firm, P.C., in Davenport, Iowa, is one of the area’s leading personal injury and workers’ compensation litigation firms. We have extensive experience representing injured parties in personal injury cases and we bring this experience to the table when negotiating for a lump sum payment for workers’ compensation claims. We work with independent experts, when necessary, to determine the expected loss of earnings and the full cost of medical care and treatment over your lifetime. We come prepared with evidence for a full and fair settlement, which is often significantly higher than the insurance company’s initial settlement offer.
Free Consultation · No Cost To You Unless We Help You Settle For A Lump Sum
From our offices in Davenport, we represent injured workers in workers’ compensation lump sum disability settlement negotiations throughout Iowa. Send an email or call us toll free at 563-441-1616 or use our local phone number at 563-441-1616 to schedule a free consultation.