Who pays for a construction accident in Iowa? After being injured in such an incident, one must determine if they're eligible for the workers' compensation program.
Under Iowa law, most employees can file for workers' compensation benefits, which has different rules than putting in a claim for a personal injury from a car accident.
There are a few exemptions for employees who cannot file a workers' compensation claim. However, most employed people who are injured on the job can do so. Likewise, employers must have appropriate insurance coverage for this specific purpose.
If one is ever a victim of a workplace accident, it's wise to contact a personal injury lawyer. Request a free consultation to discuss the potential for a case.
Understanding Workers' Compensation Law
The victim should inform their employer immediately about an injury and get medical treatment if needed. Typically, employees have 90 days after the workplace accident to file a workers' compensation claim to be eligible for benefits.
Once the employer is alerted, they are expected to create a written report of the injury with a medical verification. This is given to the insurance company. Within four days of receiving the notice, the employer must file a special record with the workers' compensation agency.
Generally, the workers' compensation program is available to most injured workers under Iowa law, whether it's through a contract or not. Likewise, victims have a right to file a contested case if there is a disagreement with the employer's insurance carrier or another party.
How to Deal With Issues
It is the victim's responsibility to call the workers' compensation commissioner if they're not receiving payments regularly or have any other issues. They might lose their benefits if they haven't submitted the application to resolve a dispute or never got their restitution.
Types of Damages Recoverable in a Workers' Compensation Claim
Under workers' compensation law, there are two main types of benefits rewarded.
If one files a workers' compensation claim, they can receive:
Medical Care Benefits
Most workers' compensation claims include benefits for the medical expenses necessary to treat the injury. This can also include the cost for transportation.
A work-related injury often requires immediate medical attention, and victims have the right to be compensated for that.
Disability Benefits
These benefits help to replace lost wages when the victim isn't able to work because of a temporary/permanent disability. The payment can't exceed 80 percent of the person's weekly spendable earnings, which are defined as the amount of money left after payroll taxes were deducted from the gross weekly pay.
Ultimately, the amount one receives for wage replacement depends on the severity of the ailment and what the person earned the previous year.
Here is the breakdown of partial and total disability benefits:
Permanent Partial Disability
If the injury results in a permanent disability, one can file workers' compensation claims to receive benefits. The amount is determined by the wound severity, which body part was hurt, and the physical restrictions placed on the victim.
Permanent Total Disability
When a person cannot return to work, they can get full workers' compensation benefits for a permanent total disability.
Temporary Total Disability
Typically, if one misses more than three work days because of an injury, they could be eligible for wage replacement benefits starting on the fourth day.
A victim is not paid back for those first three days missed unless their disability lasts over 14 days.
Temporary Partial Disability
If the injury leaves the victim disabled or impaired to the point they can only work a lower-paying job once they return, they could be eligible for workers' compensation benefits under this category.
Generally, the benefits cover about 67 percent or two-thirds of the wage gap between the present and previous positions.
Statistics on Workers' Compensation in Iowa
Overall, the United States Department of Labor puts out reports of all workplace illnesses and injuries in the US. In 2022:
There were roughly 34,000 nonfatal illnesses and injuries reported in private industries. Therefore, the incident rate is 3.3 per 100 full-time workers in Iowa, though the national average is 2.7.
There were about 6,000 illness and injury cases reported by local and state government sectors in Iowa. The nation's average is 3.9/100, so it's about on par with the rest of the US.
About 73 percent of all illnesses and injuries reported in the public sector were for government workers.
The private sector saw 56 percent of all occupational illnesses and injuries reported. However, the industry workers make up just 34 percent of employment in Iowa.
Ultimately, the latest reporting year for the DOL shows that there were 76 fatal injuries in Iowa (across all industries). Losing a loved one while they were working can be challenging. However, the dependent or spouse could receive workers' compensation death benefits. There are stipulations involved.
Will the Employer's Workers' Compensation Insurance Company Pay?
Usually, the Workers' Compensation Commissioner's Office enforces the law but doesn't actually award benefits.
The employer should obtain an insurance policy, so it is responsible for paying any premiums.
Then, the insurance coverage kicks in to pay the workers' compensation benefits awarded to the injured employee.
When dealing with a self-insured employer, it will not usually have workers' compensation insurance and will pay any benefits through other means.
Such insurance is required for most employers under Iowa law. A company that fails to purchase insurance coverage for its eligible employees could be liable for additional civil damages or workers' compensation benefits under Code Section 87.21.
Can the Victim File a Personal Injury Claim Against the Employer?
Employees typically file workers' compensation claims when they suffer a work injury to cover medical costs, such as physical therapy, ER visits, and more.
In most cases, employees can't file a wrongful death or personal injury claim against the employer when injured at work. However, if a third party was also to blame for the damage, that entity or person can be sued and held responsible. This includes vendors, building owners, manufacturers, and more.
An Overview of Workers' Compensation Benefits in Iowa
Iowa Code Chapter 85.27 demands that all necessary and reasonable medical expenses incurred because of a work-related injury be reimbursed, which covers transportation costs. Mileage for personal vehicle use is paid based on the state (currently 56 cents per mile).
Any employee who must leave work for medical care could be eligible for workers' compensation benefits for missed income, but only in certain circumstances.
Doctors and Documentation
Likewise, the employer must provide medical care that treats the employee's injury adequately and can choose the doctor or hospital.
When the employee is unhappy with the medical care provided, they can speak with the employer or its insurance company. Sometimes, the injured person can request alternative treatment elsewhere. If that request is refused, they can apply to the Workers Compensation Commissioner through appeal proceedings.
Other Sources of Compensation
Under Iowa law, an employee could be eligible for restitution from the Second Injury Fund. They must suffer a permanent partial impairment in one eye, leg, foot, arm, or hand and also deal with a partial disability to another body part because of a work-related accident.
Payments from the Second Injury Fund are limited to whatever is greater when the value of both affected body parts is combined. Likewise, compensation isn't paid until the insurance carrier or employer finishes paying the second benefit for permanent partial disability.
Exemptions From Workers' Compensation Benefits
While most employees are covered under the company's workers' compensation benefits, some are exempt. These include:
Casual/domestic workers earning less than $1,500 from the employer in the 12 months before the workplace accident
Members of a limited liability company
Employers who can receive benefits under a compensation or liability rule imposed by the US Congress
Four executives per corporation, the treasurer, the secretary, the vice president, and the president of a corporation if they elect not to be covered by workers' compensation (requires them to complete a rejection of benefits)
A partner/proprietor who devotes most of their time to the business
Firefighters and police officers who could receive payments under Iowa Code 411 and 410 (pension fund)
The vice president, president, treasurer, and secretary of a family farm, along with their spouses, stepchildren, children, sisters, siblings, and parents
Exchange labor within the agricultural industry
An employer's parents, spouse, children, sisters, brothers, and stepchildren, along with the spouses of those brothers, children, stepchildren, and sisters
Employees within the agricultural industry with a cash payroll of $2,500 or less in the prior calendar year (before the injury)
A Note About Independent Contractors
Usually, independent contractors aren't eligible for workers' compensation benefits.
Some independent contractors can formally petition to be covered under Iowa law, but this doesn't guarantee they'll be eligible. However, this process is the only chance to be covered.
It's important to note that independent contractors can file a personal injury lawsuit against the employer if they're injured while performing work.
Laws Governing State and Federal Workers' Compensation
Both state and federal law govern workers' compensation benefits. The United States Department of Labor offers a program that provides:
Wage replacement benefits
Permanent injury benefits
Vocational rehabilitation
Medical treatment
Other benefits
There are also other federal programs through the Department of Labor that provide coverage, such as:
Longshore and Harbor Program
Federal Employee's Compensation Program
Energy Employees Occupation and Illness Program
Personal Injury Claims for a Construction Accident
Construction sites are highly dangerous places, so injuries are common. If one is hurt while working, workers' compensation isn't their only option. One could also pursue a personal injury claim against any third parties if they're proven to have been negligent and contributed to the damage.
It's important to have the option to pursue a third-party injury claim for a construction accident. While workers' compensation can cover lost wages and medical costs, many workers discover that it isn't enough to deal with all the expenses after an incident.
Many times, the settlement from a third-party lawsuit could be more than the benefits under a workers' compensation claim.
Workers' Compensation Doesn't Go Far
Even if the employer has sufficient insurance coverage, it's only required to pay a certain amount based on how much the employee worked.
Typically, it's impossible for an injured person to directly sue the employer. However, workers' compensation isn't the only remedy, especially if other parties are involved.
Workers' compensation law is challenging to understand. Therefore, it's often wise to consult with an attorney to determine if one has a case and how much it might be worth. They can also explain who pays for a pedestrian accident in Iowa.
How a Third-party Personal Injury Claim Works
Third-party personal injury lawsuits are against other businesses, entities, and people who were on the construction site but didn't necessarily work for the same employer. Such claims can be brought up for:
Equipment manufacturers
Public utilities
Drivers
Contractors
Outside vendors
Project managers
Other non-employee supervisors
Defective safety equipment and poor oversight could result in:
Forklift accidents
Ladder accidents
Electrical injuries
Falling objects
Excavation accidents
Scaffolding accidents
In most cases, victims don't know much about the law and aren't sure if they should or can bring a lawsuit against another party. An attorney can help determine if one is eligible to start an injury claim.
Request a Free Consultation From a Reputable Lawyer Today
After being injured at work or acquiring a workplace illness, it's important to talk to the employer about workers' compensation benefits. By law, most companies are required to have this type of insurance, but it's not always simple or easy to get a payout.
Likewise, victims of a construction site accident should make sure they're getting all the compensation they deserve. It might be possible to file a personal injury claim against third parties that were present but not working for the employer.
Generally, it's difficult to file a personal injury claim or request workers' compensation because of the red tape involved. Therefore, it's often wise to hire an attorney.
Have you been hurt at work or suffered from a workplace illness? You have rights. Request a free initial consultation from Tom Fowler Law today to determine if you have a case and what it might be worth. We understand that you're upset, injured, and trying to recover; our team will do what we can to ease the burden placed on you in this trying time.
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