Was Your Iowa Workers’ Compensation Claim Denied? Here’s What to Do Next.
Receiving workers’ compensation benefits after an injury should be simple. But sometimes the process becomes unnecessarily complicated.
If your employer unfairly rejected your workers’ comp claim or refused to pay the full amount it’s worth, you don’t have to accept their decision. Iowa law allows you to appeal their decision at the state level to get a fair, neutral hearing. However, knowing how to appeal can be difficult if you do it alone. The team of workers’ comp attorneys at Schott Mauss & Associates helps Iowans through the process every day. Here’s how to decide if you should appeal and what to expect during the process.
When Should I Appeal a Workers’ Compensation Denial?
You can appeal a workers’ compensation denial after your employer decides on your initial claim. For more information on filing your initial claim, read our guide to getting workers’ compensation in Iowa.
If your situation falls under one of these circumstances, you may want to appeal:
- You believe your benefits have been unfairly denied.
- You are not receiving the amount you believe your claim is worth.
- You are not receiving adequate medical care for your work-related injury.
You believe your employer (or their workers’ compensation insurance company) is acting in bad faith.
Important Appeal Deadlines in Iowa
When you file an appeal, the timing is important. Iowa has strict deadlines in place that require you to file your appeal within a certain time frame following your injury.
- If your employer has not awarded you any workers’ compensation weekly monetary benefits: You must appeal the decision within two years of your injury.
- If you have received some workers’ comp weekly monetary benefits: You must appeal the decision within three years of the last weekly benefit payment.
Generally, the sooner you file, the better. If you do not meet your deadline, your case will likely be unsuccessful.
Do I Need to Hire an Attorney for My Workers’ Compensation Appeal?
Iowa doesn’t require that you have an attorney when you file an appeal with the Iowa Workers’ Compensation Commission. However, we highly recommend it.
Navigating the system on your own can be challenging, and your employer will likely have lawyers who are well acquainted with the process. Partnering with a workers’ compensation lawyer will help increase your chances of winning the benefits you deserve. When you work with Schott Mauss & Associates, we do not take an attorney fee unless we recover benefits for you.
How to Appeal a Workers’ Compensation Denial
Once you decide to appeal your decision, there are several steps in the process you will need to follow. The Iowa Department of Inspections, Appeals, and Licensing (DIAL) website has more information on the process.
1. Speak With a Qualified Iowa Workers’ Compensation Attorney
Before you take any legal action, it’s helpful to speak with an attorney who is well-versed in the process. An attorney will be able to help you look at your options and determine the best course of action. They will also help you complete the necessary steps correctly to avoid making mistakes that could hurt your case or delay receiving your full compensation.
2. Contact the Iowa Workers’ Compensation Commissioner’s Office
If you have been denied by your employer, you may contact the Iowa Workers’ Compensation Commissioner’s Office with questions they may be able to answer for you. However, this does not postpone the deadline to file a formal appeal, so it is best to speak with an attorney about the best course of action beforehand.
3. File a Petition With the Iowa Workers’ Compensation Commissioner
You can begin the appeal process by petitioning the Iowa Workers’ Compensation Commissioner. Workers are required to file the petition electronically. Then the worker and their employer’s representative will agree on a hearing date. Our attorneys at Schott Mauss & Associates can help you with this process.
4. Attend Your Hearing
When the hearing date arrives, you and your employer’s representative will attend the hearing with the deputy workers’ compensation commissioner. Both you and your employer will present your evidence and arguments. You will only get one shot to present your evidence and arguments at hearing, so you likely will want to get an attorney involved to help you. Our attorneys at Schott Mauss & Associates can help you with this process.
5. Deputy Commissioner’s Decision
After the hearing, the deputy workers’ compensation commissioner will issue a ruling. Their decision will become final after 20 days, unless you or your employer files an appeal.
If You Aren’t Satisfied With Your Appeal, Here’s What You Can Do.
Workers’ compensation appeals aren’t always successful on the first try. However, if you believe the Deputy Commissioner’s decision was in error, you can take additional steps such as requesting a rehearing and appealing for judicial review. Your employer can also appeal if they are not satisfied with the state’s decision. That means you may face a second appeal, even if you didn’t file one yourself. Your attorney can help you determine the best course of action for your case.
It’s also important to note that these secondary appeals face very tight filing deadlines.
Want to Improve Your Chances of a Successful Appeal? Work With Iowa’s Top Workers’ Comp Attorneys.
At Schott Mauss & Associates, we know the appeals process can seem complex and stressful. That’s why we work to simplify the process for Iowa workers. Don’t add stress to your recovery by going it alone.
Contact Iowa’s best workers’ compensation attorneys today for a free, no-obligation consultation.
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