Have you been injured on the job or developed a work-related illness? If so, you may be eligible for workers’ compensation benefits.
Iowa’s workers’ compensation laws provide essential protections for employees injured on the job, ensuring they receive medical care, wage replacement, and other benefits. However, these laws can be complex and periodically updated.
In this post, our Iowa personal injury attorneys discuss core aspects of Iowa’s workers’ comp laws and key insights to help employees understand their legal rights. If you or a loved one has been harmed on the job, our law firm is here for you. Call us or complete the contact form to schedule a free case review.
Who Is Covered Under Iowa Workers’ Compensation Laws?
In Iowa, most employees are covered by workers’ comp from the moment they begin employment. The state legally requires workers’ compensation benefits for all employers with one or more employees. This includes full-time, part-time, seasonal, and, in some situations, temporary employees.
Certain categories of workers may not be covered, including:
- Independent contractors: Unlike employees, independent contractors are generally not covered by workers’ comp
- Volunteers: Generally, volunteer workers do not qualify to receive workers’ compensation benefits unless the employer voluntarily has chosen to provide it
- Agricultural workers: Agricultural employees in small-owned farms may be exempt from workers’ compensation benefits, though some farmworkers are covered
- Family members: Family members who work for a family-owned business might be excluded in some situations, depending on the business structure
Injuries Covered Under Iowa Workers’ Comp
Workers’ compensation covers most injuries and illnesses directly resulting from job duties or work environment. Some conditions develop over a significant period of time.
Accidents
A sudden injury resulting from a specific injury or accident, such as being hit by a falling object or suffering a slip-and-fall, is usually covered.
Injuries incurred as a result of accidents vary widely and may include:
- Broken bones or fractures
- Cuts
- Head injuries
- Electrical injuries
- Burns
- Knee injuries
- Back injuries
- Spinal cord injuries (SCIs)
- Traumatic brain injuries (TBIs)
Repetitive strain injuries
Repetitive strain injuries (RSIs) do not happen instantly but can take months or even years to form. RSIs such as carpal tunnel are also typically covered if they are directly related to job functions.
Occupational illnesses and diseases
Even employees who develop diseases or illnesses due to exposure to harmful chemicals, toxins, or allergens may be eligible for workers’ compensation.
Examples of occupational diseases include:
- Respiratory diseases
- Hearing loss
- Chemical poisoning
- Cancer
- Infectious diseases
- Mental health disorders
Are There Any Injuries Not Covered Under Iowa Workers’ Compensation?
Iowa workers’ compensation insurance covers most, but not all, on-the-job injuries and illnesses.
The following are examples of some injuries that may not be covered:
- Intentional acts: Injuries resulting from deliberate harm or reckless behavior are usually not covered under workers’ comp insurance
- Substance abuse: As per Iowa’s update to the law in 2017, if the employee was found to have been under the influence at the time of the accident, then he or she must prove that the drug or alcohol impairment did not cause the injury – or else the victim’s claim can be denied
- Illegal activities: Workers’ compensation will not typically cover injuries sustained due to illegal activities on the worksite
- Off-duty injuries: If an employee is harmed off-duty, outside of work hours, or while performing work-related tasks, he or she is generally ineligible for workers’ compensation
- Terminated employees: Workers who have been laid off from a job will not be covered by workers’ compensation insurance unless the injury predates the employee termination
Benefits Provided Through Iowa Workers’ Compensation Insurance
On-the-job injuries are an all-too-common occurrence. According to a recent annual report, there were over 3 million workplace injuries and 5,500 worker fatalities reported in the US.
When your workers’ compensation claim has been approved, you may qualify for several types of benefits, including:
- Medical benefits: Your employer is obligated to pay for reasonable medical care to treat your injuries. This includes surgery, therapy, medications, and transportation costs related to medical appointments.
- Temporary partial disability benefits: If you are in recovery but able to work in a lesser-paying position, you will receive up to 66 percent of the difference in income until you are able to return to your pre-injury position.
- Temporary total disability benefits: As an injured worker, you will receive up to 80 percent of your income, but not more than the weekly maximum of $1500, until you are able to return to work or find reasonable employment.
- Permanent partial disability benefits: This compensation is available to employees who are partially disabled but still able to work. You will be able to collect 80 percent of your prior weekly income for a limited length of time.
- Permanent total disability benefits: If you are left permanently disabled and can no longer work in any capacity, you can receive up to 80 percent of your pre-injury income for as long as you are considered permanently disabled.
- Vocational rehabilitation: You may qualify for vocational rehabilitation benefits to help you retrain or find a new job if you are unable to return to your former position.
Time Limitations for Filing an Iowa Workers’ Compensation Claim
Iowa has strict time limits that apply to workers’ compensation claims. Waiting too long could make you ineligible to receive workers’ compensation insurance benefits.
Reporting your injury
Since 2017, Iowa workers’ compensation law clearly requires employees to report an injury to their employer within 90 days of “the date that the employee knew or should have known that the injury was work-related.” Thus, it is in your best interests to notify your employer as quickly as possible. Failure to report within this time frame could result in the denial of benefits.
Filing the claim
After you report the injury, you have 2 years from the date of the injury or illness to file a formal workers’ compensation claim.
If your employer has made some compensation payments, the statute of limitations may extend to 3 years from the date of the last payment.
Does an Injured Worker Need to Prove Negligence in Iowa?
An injured worker does not need to prove negligence to qualify for workers’ comp benefits.
Iowa’s workers’ compensation system operates on a “no-fault” system. As long as an injury occurred within the scope of employment and while performing job duties, the injured worker generally qualifies for workers’ compensation benefits.
The no-fault structure of workers’ compensation insurance allows employees to receive benefits quickly without needing to prove that the employer did something wrong. This can streamline the process, allowing the injured worker to focus on recovery rather than battling over fault.
How Our Iowa Workers’ Compensation Attorneys Can Help You With Your Claim
Unfortunately, the process of filing a workers’ comp claim and receiving benefits is not always as straightforward as it should be. Workers’ compensation claims can become complex due to disputes over the extent of injuries, treatment plans, or eligibility for benefits.
Let’s take a look at some of the many ways a personal injury attorney from our law firm can help you with your workers’ compensation claim.
Understand workers’ compensation laws
Our personal injury attorneys have in-depth knowledge of Iowa’s workers’ compensation laws. This includes filing deadlines, injury classification, and medical treatment requirements. We use our knowledge of the law to help our clients understand their legal rights and obligations.
This is important because failure to comply with specific legal requirements can lead to denied claims, delays, or limited compensation.
Gather and organize evidence
Medical records, accident reports, witness statements, and other documentation can help prove the extent of your injury. It can also show its impact on your ability to perform your job.
Workers’ comp lawyers can assist by gathering and organizing necessary evidence, coordinating with medical providers, and ensuring that all relevant information is presented effectively. If needed, our law firm may be able to secure expert testimony to strengthen your case.
Handle workers’ comp denials and appeals
Unfortunately, workers’ comp insurance claims denials are common. Lawyers can help you navigate the appeals process, which often includes administrative hearings and additional evidence submission. Your workers’ comp attorney will handle all necessary paperwork and represent you during hearings, providing you with a stronger voice in the appeal.
Negotiate maximum benefits
As discussed earlier, workers’ comp benefits may include medical coverage, income replacement, and sometimes permanent disability benefits. However, the insurance company may try to minimize payouts or dispute injury severity, arguing for limited coverage or offering a lower settlement than you deserve.
Your workers’ compensation lawyer can negotiate directly with the insurer, advocating for the full extent of benefits owed.
File third-party claims
Sometimes, work-related injuries involve third-party negligence, such as equipment manufacturers. In this situation, you may have a viable personal injury claim against a third party in addition to a workers’ compensation claim.
A personal injury lawyer can assess whether you have grounds to file a third-party claim and, if so, handle both claims to maximize your total recovery.
Contact an Iowa Workers’ Compensation Lawyer Today
The workers’ compensation system in Iowa plays a critical role in safeguarding the rights of injured workers. However, from knowing whether you’re covered, keeping track of filing deadlines, and dealing with denied claims, the workers’ compensation process can be complex.
An experienced workers’ compensation lawyer from our law firm can help you navigate your claim. When you choose us, we will work hard to ensure you receive fair compensation and access to all available benefits.
If you have been injured on the job and are filing a workers’ comp claim, contact Hauptman, O’Brien, Wolf & Lathrop today. We can provide you with the support and guidance you need to protect your rights under the current laws and ensure fair compensation. Call us today at (712) 201-7915 or complete our contact form to schedule a free consultation.