Who’s Eligible for Workers’ Compensation in Iowa?

Breaking Down Iowa’s Eligibility Rules & Common Misconceptions

When you’ve been injured at work, one of the first questions you may have is whether you qualify for workers’ comp.

Sometimes, the answer seems clear. But other times, it’s murky. You may have already filed a claim that was rejected. Or, you might wonder whether it’s worth reporting the injury to your employer at all.

The expert Iowa workers’ compensation attorneys at Schott Mauss & Associates are here to help in these situations. Iowans are typically eligible for workers’ compensation benefits if they:

1. Work as an employee at the time they are injured (full-time, part-time, or seasonal).
2. Have an injury that arises “out of and in the course of” their employment. 
3. Inform their employer within 90 days of their injury.

Each of these criteria brings its own considerations. Let’s take a closer look at Iowa’s eligibility guidelines.

Workers’ Comp Eligibility: Employees vs. Independent Contractors

The initial test to see if you’re eligible for workers’ compensation in Iowa is your employment status. To receive benefits, you must be an employee of the company you file your claim with. Iowa’s workers’ comp statute includes full-time, part-time, and seasonal workers. However, it excludes “independent contractors” hired for specific jobs. 

If you receive a W-2 tax form from your employer each year, you are almost certainly eligible for workers’ compensation. 

Am I Considered an “Independent Contractor”?

If you’re unsure about your employment status, the lines can feel blurry. Sometimes employers incorrectly label employees as “independent contractors.” This could either be a mistake or an attempt to avoid purchasing more workers’ compensation insurance. If you’ve been incorrectly classified, you may still be able to win a claim.

Some indications that you are an employee rather than an independent contractor include: 

• The business controls the way you conduct your job, not just the final result. 
• The business controls how you receive payment (such as reimbursements).
• The business provides you with tools, vehicles, etc., for the completion of the job. 
• The business offers you benefits like insurance or vacation pay.

Workers Comp Eligibility: Is Your Injury Work-Related?

If you are an employee of the company at the time of your injury, a second test is whether the injury is related to your job duties. 

Iowa law requires employees to be injured “arising out of and in the course of” their employment to receive benefits. This refers to both where your injury happened and how it happened. Here’s a closer look at what that means. 

“Arising out of” Employment

“Arising out of” employment refers to the cause of your injury. Just because you’re at work doesn’t necessarily mean your injury is work-related. Some insurers may claim that the injury didn’t occur in the course of an employee’s typical duties, even if the injury occurred at the workplace. 

In one famous Iowa case, Miedema v. Dial Corp, a worker who suffered severe back strain while using the restroom during work hours ultimately did not win benefits. The Iowa Supreme Court in 1996 ruled that even though the injury occurred “in the course of” employment, it did not “arise out of” it. 

These types of complex situations are where having an attorney is important. An experienced workers’ comp lawyer can help you determine whether your situation meets the criteria and argue on your behalf. They can also help you appeal your case if you are initially denied. 

“In the Course of” Employment

“In the course of” employment is often the easier of the two criteria to meet. If you are at work during the time of your injury, there’s a good chance it satisfies the “in the course of” test. 

However, there are exceptions. For example, if you’re driving a company vehicle, work-relatedness depends on where you’re headed. If you are driving between job sites or make a very minor detour, you’re likely covered. On the other hand, if you’re going significantly out of your way on a personal errand, you likely won’t be.

Injuries on work trips could also be compensable. For example, if you fall on ice in the parking lot of a hotel while you are traveling for your job, you may qualify for compensation. Again, working with an attorney will help you determine if you meet this rule. 

Can I Still Get Workers’ Comp if the Injury Was My Fault?

Some employees wonder if they can still receive benefits if it was their own error that led to the injury. The answer is yes. 

Workers’ comp is a “no-fault” system, meaning it doesn’t matter whose fault the injury was. For example, if you fail to operate a forklift correctly and are injured, you still can receive workers’ comp benefits. However, there are some exceptions. You may not be eligible if:

• If you intentionally injure yourself.
• If you were participating in “horseplay” that caused the injury (such as wrestling with someone else on a job site).
• If you were injured by someone who came to your workplace to see you in a personal capacity.
• If you were intoxicated at the time of the injury. If a worker is intoxicated at the time of the injury, the burden of proof is often on the worker to prove that it didn’t play a role in their injury. 

Important Eligibility Timelines

A third important factor in your eligibility for workers’ comp is that you file for workers’ comp on time. Even if you meet all of the other factors mentioned above, you could miss out if you wait too long to tell your employer you’ve been injured.

Iowa requires workers to inform their employer of an injury within 90 days of their injury, or at most 90 days after they knew of its occurrence. Our attorneys recommend not waiting and doing this as soon as possible. Not only does that help you receive benefits sooner, but it can also help your case by showing you were proactive in seeking help. 

Read our guide to filing a workers’ comp claim for more information on what to do after an injury.

Other Common Workers’ Comp Eligibility Questions

Does Workers’ Comp Cover Pre-Existing Injuries?

If you have a preexisting condition that is worsened or aggravated by work activities, you may wonder if you qualify for workers’ comp. This will depend on the situation and where the final injury occurs. 

For example, if you have had repetitive motion building up to an injury and the final event, such as a rotator cuff tear, comes while you are performing job duties, this could be compensable. These situations can be difficult to navigate and largely depend on the specific circumstances. They are best handled with the help of an attorney. 

Does Workers’ Comp Apply to Non-U.S. Citizens?

Your citizenship status does not affect your eligibility for workers’ compensation in Iowa. If you meet the other criteria for eligibility, you can receive benefits no matter your legal status. 

What If I’m Injured in Another State?

Employees who travel across state lines for work may wonder which state their workers’ comp claim will fall under. It is possible to be injured in another state, such as South Dakota or Nebraska, but still fall under Iowa’s jurisdiction. 

This would be true if your employer is located in Iowa or if you primarily work in an Iowa location. For example, a trucking company based in Des Moines that has truckers travel across the Midwest would likely fall under Iowa’s jurisdiction.

Don’t Navigate Your Eligibility Questions Alone

Knowing whether you qualify for benefits can be complex, but you don’t need to do it alone. Contact the workers’ comp attorneys at Schott Mauss & Associates for a free consultation. We can help you at any stage of your journey, with no fees unless we win.