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queenofhearts12 · Feb 1, 2009, 08:29 AM

In Iowa if you are total disable in a workman's comp case, how long can you receive benefits, as long as you don't settle with company, or do you have to settle with company? We have been told you can collect for 500 weeks and also if we don't settle they have to keep paying weekly benefits. I would like to know what is true. We do not have a lawsuit pending! And I am permenatly disable and will continue to have to have surgery's due to this workman's comp injury.

George_1950 · Feb 1, 2009, 08:42 AM

Welcome to AMHD. I believe this is what your are describing: "Permanent Partial Disability (PPD) [85.34(2)]" Read more at: Frequently Asked Questions - Division of Workers' Compensation

JudyKayTee · Feb 1, 2009, 10:54 AM

Originally Posted by queenofhearts12

In Iowa if you are total disable in a workman's comp case, how long can you receive benefits, as long as you don't settle with company, or do you have to settle with company? We have been told you can collect for 500 weeks and also if we don't settle they have to keep paying weekly benefits. I would like to know what is true. We do not have a lawsuit pending! And I am permenatly disable and will continue to have to have surgery's due to this workman's comp injury.

When did the injury occur? It looks like the law in Iowa changed in 2007. Is your Doctor willing to keep you on WC or does he intend to clear you for employment?

Has anyone advised you to file for SSD?

queenofhearts12 · Feb 1, 2009, 11:12 AM

The accident happened in 2003, and I am on SSD, but still am on workmans comp receiving a weekly check, and they have to cover all the medical on this injury. The Doctor's have said yes this is a total disability, and I not able to go back to work. I do not want to file a law suit and rather just keep things like they are since I will have continued medical for the rest of my life. So am I able to just leave things like they are?

George_1950 · Feb 1, 2009, 11:26 AM

Once again, from the same cite,
"Permanent Total Disability (PTD) [85.34(3)]

"When a job-related injury leaves an employee incapable of returning to gainful employment, the employee may be entitled to PTD benefits. The PTD benefits are payable as long as the employee remains permanently totally disabled."
Frequently Asked Questions - Division of Workers' Compensation

If you have a specific question about the WC law in Iowa, you should be able to call the Division of Worker's Compensation and get an answer, as long as it is not considered "legal advice". It may just depend on who you talk with, you know how that is.