Workers’ Compensation

Experienced Iowa Workers’ Compensation Lawyers – Get The Benefits You Deserve

Been injured at work? Our law firm knows that navigating the workers’ compensation process can be overwhelming. At RSH Legal, we assist injured workers in Iowa in securing the compensation they deserve. If you’ve experienced a work-related injury, our Iowa workers’ compensation lawyers are ready to fight for fairness for you. Contact our office today for your free consultation.

How Injured Workers Should Report Their Work Injury In Iowa

The first and most important step in filing a workers’ compensation claim is reporting the injury to your employer.

Iowa law requires you to notify your employer about your workplace injury within 90 days of your injury. However, the sooner you report the injury, the better.

When reporting the injury, be sure to provide the following details:

• Date and time of the injury
• How the injury occurred (a fall, machine accident, repetitive strain)
• Specific body parts that were injured (your back, leg, arm)
• Description of symptoms (any pain, swelling, limited movement)

It’s also a good idea to report your injury in writing and keep a copy of your report for your records.

What Benefits Are Available Under Iowa Workers’ Compensation Law?

In Iowa, workers’ compensation benefits help injured workers recover and return to work. If you’re injured on the job, you may be entitled to the following benefits:

Medical Benefits

Workers’ compensation covers the cost of medical treatments related to your injury, including:

• Doctor visits
• Surgeries
• Hospital stays
• Rehabilitation

If your injuries need ongoing medical treatment, workers’ compensation will continue to cover these costs.

Disability Benefits

If your injury prevents you from working, you may be entitled to disability benefits. These benefits replace a portion of your lost wages while you’re unable to work.

• Temporary Total Disability (TTD): If your injury prevents you from working for a while, TTD benefits provide wage replacement.
• Temporary Partial Disability (TPD): If you’re able to work but earn less due to your injury, TPD benefits can help cover the difference.
• Permanent Partial Disability (PPD): If your injury leads to a permanent impairment, PPD benefits compensate you for the long-term effects of the injury.

6 Reasons Why You Might Need A Workers’ Compensation Lawyer

When you’re injured at work, you might assume that the workers’ compensation system will automatically take care of everything.

The reality is that the process can be complex and confusing.

While the Iowa workers’ compensation system is designed to be a no-fault system, many injured workers find themselves struggling with denied claims, delayed payments, or disputes over the extent of their injuries. This is known as a contested workers’ compensation claim.

This is where a workers’ compensation lawyer can be invaluable. Here are several key reasons why you may need an Iowa workers’ compensation attorney to help with your case:

1. Ensuring You Receive the Full Benefits You Deserve

While Iowa workers’ compensation laws guarantee certain benefits, the insurance companies are motivated to pay you the least amount possible. A workers’ compensation lawyer can help ensure you are receiving all the benefits in the amounts you’re entitled to. These benefits could include:

• Medical treatment coverage: Insurance companies are allowed to limit the doctors you see for your work injury – they aren’t allowed to turn down necessary medical treatments, though. A lawyer can advocate for your right to proper medical care and rehabilitation.
• Disability benefits: If your injury results in temporary or permanent disability, your lawyer will work to make sure you receive the right amount of compensation for lost wages.
• Vocational rehabilitation: If your injury leaves you unable to return to your previous job, a workers’ compensation attorney can help ensure vocational rehabilitation benefits to assist you in finding new employment.

By working with an attorney, you increase your chances of receiving the maximum benefits available to you under Iowa workers’ compensation law.

2. Navigating the Complex Paperwork and Deadlines

Missing deadlines or failing to submit the correct paperwork could torpedo your workers’ comp claim. A workers’ compensation lawyer handles all the paperwork on your behalf, ensuring that everything is filed correctly and on time.

Common paperwork-related issues include:

• Claim forms: If you don’t complete the necessary claim forms the right way, the insurance company could delay or deny your benefits.
• Appeals: If your claim is denied, you will need to file an appeal quickly. A lawyer will help you understand the appeals process and ensure your documents are correctly filed.
• Medical evidence: Collecting and organizing medical records can be overwhelming. This is especially true if your injuries are complex or ongoing. A lawyer can gather all necessary documentation for you, so that you can concentrate on healing.

3. Handling Complex or Severe Injury Cases

Have a serious workplace injury, such as a permanent disability, amputation, or long-term illness? You need a lawyer on your side. Lawyers who know Iowa workers’ compensation understand how to calculate any long-term benefits. These benefits are often difficult to assess without specializing in work comp matters.

Here are some examples:

• Permanent partial disability (PPD) claims require an assessment of how your injury will affect your ability to work long-term. 
• Catastrophic injuries may need ongoing medical care and may impact your ability to work for the rest of your life. A lawyer can help you receive compensation for future medical expenses and lost wages.
• Work-related illnesses, such as toxic chemical exposures or repetitive stress injuries, can be hard to prove. An experienced work comp lawyer will have the expertise to build a strong case.

4. Protecting Your Rights from Retaliation

While it’s illegal for an employer to retaliate against an employee for filing a workers’ compensation claim, it still happens. Retaliation can include being fired, demoted, or facing a hostile work environment.

If you believe that your employer is retaliating against you for filing a workers’ compensation claim, we have attorneys who can help.

5. Ensuring You’re Treated Fairly by the Insurance Company

Insurance companies try to pay the least amount possible. They’re a business, and that’s how they make money. But that also means they may try to convince you to settle for less than you’re entitled to.

Insurance adjusters may downplay the severity of your injury, question your medical treatment, or rush you into a quick settlement while you’re still being treated.

A workers’ compensation lawyer is on your side. Here’s how they’ll make sure the insurance company is treating you fairly:

• Negotiating a fair settlement: If you’re offered a settlement, a lawyer will make sure that it covers all your harms and losses and puts money in your pocket.
• Advises you on when to accept a settlement: Your lawyer will help you determine if the offer is in your best interest, considering your future medical needs and potential long-term effects of your work injury.

6. Providing Peace of Mind

Recovering from a workplace injury is already stressful. Add to it the burden of filing a workers’ compensation claim, and things can seem even more overwhelming. Hiring a workers’ compensation lawyer can get you the peace of mind you need. With an attorney handling the legal complexities, you can focus on your healing while they take care of the legal details.

Frequently Asked Questions (FAQ)

How much does a workers’ comp lawyer cost?

At RSH Legal, we operate on a contingency fee basis. This means you don’t pay anything upfront. Instead, we take a percentage of the compensation you receive if we win your case. That means we don’t get paid unless you get paid. This ensures that everyone, regardless of their financial situation, has access to legal representation.

What is the Iowa workers’ compensation act?

It’s a set of regulations requiring a majority of Iowa employers to offer benefits to workers who suffer illnesses or injuries sustained while on the job. It helps create a no-fault scenario so employees are entitled to benefits for medical treatment, rehabilitation, and lost income, no matter if they weren’t or were at fault.

How long will my workers’ compensation case take?

It depends. The length of a workers’ compensation claim varies depending on:

• How long does it take for you to heal
• How serious your injuries are
• Whether there are disputes with your employer or their insurance company.

On average, a straightforward case may take several months, while more complex cases or appeals may take longer. We’ll keep you informed throughout the process and work to resolve your case as quickly as possible.

Can I choose my own doctor for my Iowa work injury?

Sometimes. Usually, your employer or their insurance carrier will have you visit a doctor or medical provider of their choosing. Before seeking treatment on your own, it is important to talk to an experienced Iowa workers’ compensation lawyer to understand how that can impact your claim. However, if you’re dissatisfied with the care or diagnosis, you have the right to seek a second opinion.

RSH Legal’s workers’ compensation attorneys can help you understand your options and ensure you’re receiving the best medical treatment possible.

What if I can’t return to work after my injury?

If your injury prevents you from returning to your job, workers’ compensation benefits may cover part of your lost earning capacity.

If you can no longer do your job, an experienced workers’ compensation attorney can help you navigate the next steps in searching for new employment and maximizing your entitlement to workers’ compensation benefits. This can include working with vocational rehabilitation services and completing a job search. 

If your injury results in permanent disability, you may be eligible for permanent partial disability (PPD) benefits, which compensate for the lasting effects of your injury and your loss of earning capacity.

What should I do if my workers’ compensation claim is denied?

If your workers’ compensation claim is denied, you have the right to appeal.

The denial letter will typically explain the reason for the decision, which could range from insufficient medical evidence to missed filing deadlines. 

Our work comp team can guide you through the litigation process, helping you understand what evidence you need and representing you in hearings or negotiations with the insurance company.

How do I prove that my injury is work-related?

In workers’ compensation claims, a big challenge is proving that your injury occurred in the course of your work duties. This can be especially challenging if it’s a repetitive motion injury or another type of injury that comes on over time.

To help prove your case, it’s important to document everything thoroughly:

• Report the injury to your employer immediately.
• Keep records of medical visits and diagnoses.

• Take photos of your injuries, if possible.
• Gather witness statements from co-workers who may have seen the incident or can testify to unsafe conditions.
• Ensure that your medical records link your injury to work-related activities by being thorough in the information provided to your medical providers.

Can I still file a workers’ compensation claim if I was partially at fault for my injury?

Yes, you can still file a workers’ compensation claim in Iowa even if you were partially at fault.

Workers’ compensation is a no-fault system. That means you can still receive workers’ compensation benefits even if you were at fault for your work injury, so long as the injury arose out of and in the course of your employment. Even if your actions contributed to the accident, you can still seek medical benefits and wage replacement.

However, if your injury was caused by serious misconduct (e.g., intoxication), you may be denied benefits.

What if my injury is not immediately obvious?

Some injuries, such as repetitive stress injuries or conditions that develop over time (like carpal tunnel syndrome), may not show symptoms right away.

It’s important to report your injury to your supervisor as soon as you notice it. Delayed symptoms are common with injuries like these.

How much compensation can I receive for a workers’ compensation claim in Iowa?

It depends. 

The amount of compensation you may receive depends on several factors, including:

• The severity of your injury
• The type of benefits you’re eligible for
• Whether you can return to work

For temporary disabilities, in addition to your entitlement to medical benefits, you can typically receive approximately two-thirds of your average gross weekly wages at the time of injury while you are in a period of recovery.

For permanent disabilities, it’s a bit more complicated. The monetary compensation amount for certain conditions is based on the functional impairment caused by the work injury. 

However, certain injuries, and whether you can return to the job you had at the time of the injury, may entitle you to additional weekly benefits based on lost earning capacity.

A workers’ compensation attorney can walk you through this complex calculation.

What happens if I have a pre-existing condition?

If you have a pre-existing condition that is aggravated or worsened by work, you may still be eligible for workers’ compensation benefits.

In Iowa, if your injury makes an existing condition materially and permanently worse, you are still entitled to benefits for the aggravation caused by the work incident. However, your medical records must document the connection between the workplace injury and your pre-existing condition.

If you have suffered injuries at work, the workers’ compensation lawyers at RSH Legal may be able to help you. Contact us today at 1-800-433-0283.

Tim Semelroth

Board-Certified Trial Attorney

Pressley Henningsen

AV-Rated Trial Attorney