Workers’ Compensation Lawyer Serving Clients in Iowa
Getting hurt on the job in Iowa can be devastating. Hospital bills will add up, and your injuries may be severe enough that you are unable to return to work. It is extremely important to know whether you qualify for workers’ compensation benefits and to take all necessary steps to ensure that you remain eligible.
If you got hurt at work, you may be eligible to receive medical and financial benefits by filing a workers’ compensation claim. An experienced Iowa workers’ compensation attorney can assist with your case.
What is Iowa Workers’ Compensation?
Workers’ compensation is a type of insurance that many employers in Iowa are required to have in the event that an employee gets hurt on the job. According to a workers’ compensationFAQ sheet from Iowa Workforce Development, the state’s Workers’ Compensation law “requires most employers to provide benefits to eligible employees who have injuries arising out of and in the course of employment.”
In order to be eligible for workers’ compensation in Iowa, one of the following must be true:
- Injury occurred in Iowa;
- Employee was working under a contract of hire made in Iowa; or
- Employee’s employer is principally localized in Iowa.
Not all employees are covered by workers’ compensation. For example, some employees who work for very small businesses may not be covered. Similarly, independent contractors typically are not covered by workers’ compensation. Members of limited liability companies also are exempt. If you have questions about whether your employer is required to provide workers’ compensation coverage, you should speak with a workers’ comp lawyer in Iowa.
What Types of Injuries in Iowa Are Covered By Workers’ Comp?
Most injuries that arise out of employment are covered by workers’ compensation. To be clear, an injury under Iowa’s workers’ comp law is defined very broadly to include a wide variety of illnesses and injuries that occur on the job or as a result of the job. Workers’ compensation even provides benefits for injuries that occur as a result of the employee’s own error or negligence.
The only major requirement of the injury for coverage is that it arises out of the course of employment. Examples of covered injuries include but are not limited to:
- Injuries that occur while the employee is working;
- Diseases that result from employment activity or exposure;
- Hearing losses that result from employment activity or exposure; and
- Pre-existing injuries or diseases only when they are aggravated or worsened by employment.
How Does an Injured Worker Apply for Iowa Workers’ Compensation Benefits?
To be eligible for workers’ compensation benefits, an injured employee must abide by certain reporting requirements and time limitations, including the following:
- Notice of Injury: employee must provide notice of the injury to the employer within 90 days of the date of the injury (or the date on which the employee knew or should have known about the injury);
- Employer’s First Report: employer is required to file a report with the workers’ compensation commissioner when an employee provides notice of an injury; and
- Statute of Limitations for Claim: to remain eligible for benefits, the employee must file a claim within a specific period of time (depending upon the employee’s specific case, the statute of limitations may be two years or three years from the date of the injury).
Contact an Iowa Workers’ Compensation Lawyer
If you need assistance with a workers’ comp claim, an aggressive Iowa workers’ compensation lawyer can help you. Contact VanDerGinst Law at 1-800-797-5391 for more information.