Workers’ compensation claims, under Iowa law, are unique in that certain events in an injured worker’s claim have different deadlines before a claim may be barred by the statute of limitations.
Telling Your Employer about Your Iowa Work Injury
First, before getting to the specific benefits a worker is entitled to under Iowa law, an injured worker must provide notice to the Employer of the workers’ compensation claim.
An injured worker must notify their employer within 90 days of when the worker knew or should have known that they have an injury or condition that was caused by work. If notice is not given within 90 days, your claim may be barred forever.
After notice has been given, and if the employer and/or workers’ compensation insurance carrier has accepted liability for the claim, there are certain benefits the injured worker is entitled to.
What Benefits Can You Receive After Being Injured at Work?
An injured worker is entitled to all reasonable and necessary medical care related to their work injury. This benefit should be available to an injured worker as long as a doctor says that more treatment is necessary and caused by the work injury.
However, if an injured worker has not brought a claim or resolved the claim within certain time limits, it can be much more difficult to force an insurance carrier to still provide medical benefits.
An injured worker is entitled to certain weekly disability benefits that can extend deadlines for their case.
The Statute of Limitations on Iowa Workers’ Compensation Claims
An injured worker should be aware that the statute of limitations governing workers’ compensation claims in Iowa runs three years from the date your last weekly workers’ compensation check was mailed to you.
Or, if you did not receive any weekly benefits, then two years from the date of injury. If an injured worker has not settled their claim or filed a petition with the Iowa Workers’ Compensation Commissioner by that time, your claim will be barred forever.
If an injured worker has met those deadlines and their rights have been properly preserved, benefits can continue under certain circumstances.
For example, even if an individual has been awarded disability benefits following a workers’ compensation hearing, they may be entitled to additional benefits later if their condition has worsened. These proceedings are called a “review-reopening” claim and, generally, must be brought within three years of the prior award of benefits.
To be certain that your claim is protected and that you can seek all benefits you are entitled to, an injured worker should contact an experienced Iowa workers’ compensation attorney to learn how they may be able to assist in the claim.
To learn more information as to whether it makes sense to hire an attorney for your workers’ compensation claim, do not hesitate to receive your free, no-obligation case evaluation by contacting RSH Legal today at 1-800-433-0283.