When workplace injuries strike, they are both physically and emotionally taxing. In these situations, the workers’ compensation process shouldn’t feel like a burden. However, knowing your rights is crucial to be sure you receive the compensation you deserve.
At Schott Mauss & Associates, our Des Moines workers’ compensation attorneys strive to make the process simple. In this guide, we’ll explore the key steps involved in pursuing workers’ comp benefits through a lawyer. Our goal is for you to be equipped with the knowledge and support you need to protect your rights.
What Is Workers’ Compensation?
Workers’ compensation, sometimes called “workman’s compensation,” is a form of insurance that helps cover lost wages and medical care for injured employees.
It covers a wide range of injuries, including:
- Accidents on company premises
- Injuries from lifting heavy objects
- Repetitive strain injuries
- Occupational diseases
In Iowa, this system aims to ensure that injured workers receive prompt medical treatment and financial support. It also aims to protect employers from lawsuits related to those injuries.
Who Qualifies for Workers’ Comp in Iowa?
Most employees in Iowa are covered by workers’ compensation. It applies whether they work full-time, part-time, or seasonally. Independent contractors usually don’t qualify for benefits unless they meet certain criteria.
Key Steps to Making a Workers’ Compensation Claim in Iowa
Step 1: Notify Your Employer as Soon as Possible
When an injury occurs at the workplace, it is vital to report it to your employer as soon as possible. Even if the injury seems minor at first, it’s important to report it promptly. Delayed reporting can raise questions about the legitimacy of the claim.
In Iowa, you must let your employer know within 90 days of your injury. If you don’t file within this time, you could be denied.
Step 2: Get Prompt Medical Attention
Seeking prompt medical attention is vital for your well-being and for the success of your claim. Under Iowa law, the employer gets to choose your doctor, so you will need to request treatment for your work injury from the employer as soon as possible after you need it.
Step 3: File Paperwork With Your Employer
Your employer should provide you with a First Report of Injury form to complete. This form will include your information and details about the time, place, and cause of the injury. If the employer does not provide you with this form to complete following an injury, ask for it.
Step 4: Know Your Rights & What Benefits You Could Receive
Workers’ compensation can provide a wide range of benefits, including:
- Coverage of medical expenses and supplies
- Reimbursement for mileage to and from medical appointments
- Partial or total disability payments for lost wages
The type, amount, and length of benefits you receive will depend on your situation. If you have questions about what you could receive, it is best to contact a lawyer for help. Read our guide to the different types of benefits and how long they last for more information.
Step 5: File a Claim with the Iowa Division of Workers’ Compensation When Disputes Arise
Disputes over benefits or claims are resolved through the Iowa Workers’ Compensation Commission. The commission holds hearings and makes decisions related to workers’ comp cases. If your claim is complex or has been denied, consider working with a workers’ compensation attorney.
When to Work With an Iowa Workers’ Compensation Lawyer
Working with a workers’ compensation lawyer in Iowa can significantly improve the success of your claim. Here’s how:
- Navigating Complex Paperwork: Filing for workers’ compensation involves extensive paperwork. A lawyer can guide you through the process, making sure that you fill out all forms correctly and file them on time.
- Determining Compensation: Calculating the appropriate compensation for your injuries can be complex. A lawyer can help you determine a fair compensation amount. They will look at the full extent of your injuries, factoring in medical expenses, lost wages, and potential future costs.
- Advocating for Your Rights: Insurance companies may attempt to minimize compensation payouts. Having a lawyer ensures that you have a dedicated advocate fighting for your rights and a fair resolution.
- Handling Appeals: If your claim is denied, a lawyer can guide you through the appeals process. This involves presenting a compelling case to prove the legitimacy of your injuries and the need for benefits.
What to Do If Your Claim Is Denied
Employers or insurance companies may dispute claims, leading to delays or denials of benefits.
Seek legal advice if you have trouble obtaining rightful compensation.
In some cases, your employer’s insurer may fail to fully investigate your benefit or pay compensation. In these situations, a workers’ compensation attorney can help you file a bad faith claim lawsuit.
Need Help With Your Workman’s Compensation Claim? Get a Free Consultation With Our Experts
Knowing your rights, responsibilities, and resources will help you navigate the workers’ comp system in Iowa. Being informed and proactive will help you navigate the complexities of the process. Contact Schott Mauss & Associates for a free consultation to discuss the appropriate next steps.
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