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Iowa Workers Compensation Lawyers
We are experienced workers' compensation lawyers who help people find the right lawyer for their situation. If you would like our help please contact us at (800) 807-9530.
If you are injured on the job in Iowa, your case will be handled by the Division of Workers’ Compensation – the state agency that governs all aspects of on-the-job injuries. Cases range from single injuries, such as dropping something on your foot, to repetitive-injury cases like tendonitis from working on an assembly line. Workers’ Compensation also is available if you suffer an illness that is work related, such as asthma from working in a manufacturing plant. Pre-existing injuries/illnesses are covered if they are made worse by work-related activities.
In Iowa, fault is irrelevant in determining whether a worker receives benefits for an injury. If the injury or illness arose out of and in the course of your employment, it is covered under Iowa law. In other words, even if you were hurt as a result of your carelessness, you can get benefits. By the same token, if you were injured as a result of your employer’s mistake, benefits are the same. You cannot sue your employer for negligence in most cases.
Workers’ compensation benefits available in Iowa include:
- Payment of 100% of your medical bills, as long as the treatment is reasonable and necessary to treat your injury. In Iowa, you also are paid for the mileage required to get to and from your doctors’ appointments.
- Temporary Total Disability. These benefits, which are generally 80% of your weekly spendable earnings (these are your wages after payroll taxes are deducted), are available until you are able to return to work or perform substantially similar work.
- Temporary Partial Disability. These benefits are available if you are able to return to work but only in a lesser-paying position. The amount of temporary partial benefits is equal to 66 2/3% of the difference in the weekly wages before and after your injury.
- Healing Period. If you suffer a permanent impairment, benefits are available during your recovery at 80% of your average weekly wage. These benefits continue until you can return to work, can perform substantially similar work, or until it is determined that your condition is not going to significantly improve.
- Permanent Partial Disability. A permanent disability entitles you to ongoing benefits. The amount of your weekly payment depends on the type of injury you have (which part of your body is disabled), as well as your impairment rating (determined by your doctor). The weekly amount may be affected by other factors, as well.
- Permanent Total Disability. If you are unable to return to work due to a work-related injury, permanent benefits are available for as long as you are totally disabled.
Under Iowa law, there is a three-day waiting period before you are entitled to benefits; after missing work for 14 days, you are entitled to be paid for those first three days.
Iowa employers have the right to choose the doctor who treats your work-related injury. In some cases, such as when the doctor issues an impairment rating, the employee is entitled to an independent medical exam (IME) by a doctor of their choice, paid for by the employer.
Almost all lawyers who represent injured workers charge on a contingency basis. This means that you only pay if your attorney gets you benefits. If you lose your case and no benefits are awarded, you pay nothing. Because you won’t have to pay an hourly fee for your lawyer’s time, it makes sense to go with the best lawyer or firm that you can find – we recommend finding a lawyer or firm who focuses their practice on representing injured workers, and one with a track record of success in such cases.
Attorney fees in Iowa work-injury cases are generally 1/3 of the amount recovered. This means that if you end up getting $30,000, your attorney will get $10,000.
Iowa law requires you to notify your employer of your injury/illness. The deadline is 90 days from when you knew (or should have known) that your injury was work related. It’s a good idea to report your injury right away – if you miss the deadline, you may be denied benefits. You aren’t required to give notice in writing, but it’s probably a good idea to do so.
If you have a dispute – meaning you are not receiving benefits, or the right amount of benefits, or you disagree with some other aspect of your case – you can file an action with the Division of Workers’ Compensation. The deadlines are extremely important. If you do not file in time, your case could be forever barred. You have two years from the date of injury to file an action. If you have received weekly benefits, you have three years from the last payment to file an action. This time limit does not apply to medical expenses.
An action for workers’ compensation is not a lawsuit against your employer. It is more similar to a claim for health insurance. Your lawyer will be dealing with your employer’s insurance company, not the employer themselves. But unlike a health insurance claim, attorneys are often hired to help with workers’ compensation process. Acting quickly on a work-injury claim can make a difference in the outcome.
We recommend hiring an attorney, or at least consulting with one, if you are injured or become ill as a result of your work. At the very least, a good worker’s compensation lawyer can guide you through the process and give you peace of mind that you’ll be receiving the benefits you’re entitled to. And if your case becomes complicated – perhaps you aren’t receiving your benefits or you disagree with your doctor’s diagnosis – an attorney can represent you in filing an action.
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