An accident can happen anytime, anywhere, even at a workplace. When a work-related incident causes harm to an employee, it can lead to injuries, resulting in burgeoning medical bills and temporary or permanent loss of employment. While a workers' compensation insurance company may cover the damages, the path to financial recovery is often riddled with hurdles.
Fortunately, Tom Fowler Law can help. Our attorneys have the expertise, skills, and resources to assess your work-related injury, gather substantial evidence to build a strong claim, and navigate the complexities of the workers' compensation system.
If you've suffered injuries in a work-related accident in Des Moines, Iowa, contact Tom Fowler Law to discuss your case and learn more about your legal options. Our team can also help with explain who pays for a wrongful death in Iowa.
Understanding Workers' Compensation
Workers' compensation is an insurance policy a company can purchase to provide financial protection for its employees. It activates when an employee suffers a work-related injury (whether on-site or off-site), covering medical expenses and offering additional benefits.
Although workers' compensation helps pay for the damages caused to an employee during the scope of their employment, it also protects the employer from potential lawsuits. Once injured workers accept the workers' compensation benefits, they lose their right to sue the company.
Do All Employers Need to Maintain Iowa Workers' Compensation?
Under Iowa law, most employers in the state must carry workers' compensation insurance. However, there are a few exceptions, and these include the following:
Sole proprietors
Partners in a partnership
Members of a limited liability company
Employees with a direct connection to the business owner
Employees with annual earnings of $1,500 or less
Casual employees
In addition to specific employers and employees, agricultural businesses are exempt under Iowa workers' compensation law. However, this does not prevent these types of workers from seeking damages in the event of an accident, as they retain the right to sue the company or its owner directly for negligence.
Does Iowa Workers' Compensation Law Cover All Types of Accidents?
A workers' compensation insurance provides coverage for injuries caused during work-related tasks regardless of whether the worker suffers harm due to a car accident, lack of safety equipment, or a slip and fall incident. It may even cover exposure to harmful chemicals and repetitive strain injuries.
Who Pays for a Work Injury in Iowa?
An injured worker may require immediate medical care following a work-related accident. Depending on the severity of the injuries, treatment costs could reach tens of thousands of dollars or more. The affected party may face financial hardship if forced to cover these expenses out of pocket.
Fortunately, Iowa law provides legal recourse. If the employer carries workers' compensation, its insurer will pay workers' compensation benefits to the injured worker.
In the event that the company doesn't have this type of insurance policy, the affected party may be able to bring a personal injury lawsuit against their employer to recover damages. An experienced work injury attorney in Des Moines can assess the situation and guide the victim on their legal options.
What Does Iowa Workers' Compensation Benefits Include?
The workers' compensation insurance in Iowa provides a wide range of benefits to the injured workers, some of which include the following:
Medical Benefits
When an employee suffers injuries at the workplace, the workers' compensation claim can help them recover medical bills. These may include hospital expenses, travel costs, and rehabilitation fees, among others.
Disability Benefits
A workplace accident may leave an employee temporarily or permanently disabled. Depending on the facts surrounding the case, a workers' compensation claim may also provide the following disability benefits:
Temporary partial disability payments: This type of benefit extends to injured employees who can return to work but in a lower-paying role. Temporary partial disability helps cover the difference in their earnings.
Temporary total disability payments: These are payouts to compensate the injured victim financially for being out of work over the short term.
Permanent partial disability: This benefit is available to injured workers who have lost function in their body parts but can resume employment.
Permanent total disability payments: If the affected party's injuries prevent them from joining the workforce, a workers' compensation claim may provide permanent total disability payments.
Death Benefits
If an employee loses their life due to job-related responsibilities, their family and loved ones may be left in a difficult financial position.
Fortunately, workers' compensation provides death benefits to these dependents, covering burial and funeral expenses, as well as a portion of the decedent's average weekly wages.
Filing a Workers' Compensation Claim in Iowa: Steps to Take After a Work-related Accident
There are certain steps that injured workers must take after their accident at work, and these are as follows:
Seek Medical Care
When the tragic incident unfolds, it's crucial for the affected party to let their supervisor know immediately before seeking treatment from an authorized medical provider.
Provide Notice
Under workers' compensation law in Iowa, an affected employee must provide their employer with a written notice within 90 days of sustaining the work-related injury. Failure to do so may bar them from seeking damages.
File a Workers' Compensation Claim
Once the injured worker notifies their employer of the accident, they have two years following the date of the incident to file a workers' compensation claim.
While building a strong case can take a long time, it's best to initiate the legal process as soon as possible. An experienced personal injury attorney can help. They can also help with determining who pays for nursing home abuse in Iowa.
Wait for a Response
The insurance company has 14 days to respond to workers' compensation claims. It'll investigate the details of the injury to determine whether to process the benefits.
If the insurance company denies payout, the affected party may be able to appeal the denial or file a petition for unfair dismissal.
Suffered a Work-related Injury? Hire a Skilled Iowa Workers' Compensation Attorney for Legal Help!
Although filing a claim with the employer is pretty straightforward, proving to the workers' compensation insurance company that your injuries occurred during the scope of the employment can be physically and emotionally exhausting.
Whether you're looking to seek temporary total disability benefits or appeal a denial, Tom Fowler Law is here to help. Our experienced workers' compensation attorneys in Des Moines, Iowa, can assess your case and help navigate the complex legal waters.
Call us to schedule a free consultation to discuss your claim and understand your rights!
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