Workers' Compensation FAQ: Answers for Injured Workers in Fort Dodge, Iowa
Getting hurt on the job can raise a lot of questions fast. What benefits are available? Do you have to use the doctor your employer chooses? What happens if your claim is denied? At Johnson, Mulholland, Cochrane, Cochrane, Yung & Engler, P.L.C., our attorneys help injured workers in Fort Dodge and throughout North-Central and Northwest Iowa understand the workers’ compensation system and their rights under Iowa law.
Workers’ compensation provides certain benefits to employees who suffer qualifying work-related injuries or illnesses. It operates differently from a standard personal injury claim, with its own rules governing medical care, wage-replacement benefits, permanent disability, deadlines and disputes. Below, our lawyers answer some of the questions injured Iowa workers commonly have.
What Benefits Can I Receive After a Work Injury in Iowa?
Iowa workers’ compensation may provide several types of benefits depending on the nature of your injury, your ability to work and other circumstances.
- Medical benefits. An employer may be responsible for reasonable medical services related to a compensable work injury.
- Temporary disability benefits. If your injury prevents you from working during your recovery, you may qualify for wage-replacement benefits. The amount depends on factors established under Iowa law.
- Permanent disability benefits. A lasting impairment may qualify you for additional compensation. How permanent disability is evaluated depends in part on the type of injury and applicable Iowa workers’ compensation rules.
- Vocational rehabilitation benefits. Certain qualifying injured workers may be eligible for vocational-rehabilitation benefits under Iowa law.
Workers’ compensation generally does not provide the same damages available in a personal injury lawsuit. For example, workers’ comp does not ordinarily compensate an injured worker separately for pain and suffering. Understanding exactly which benefits may apply is one reason it can be helpful to have an attorney evaluate a significant work injury.
Do I Have to Use the Doctor My Employer Chooses?
When an employer accepts liability and provides medical treatment, Iowa law generally gives the employer the right to choose the care. That can mean treating with a doctor authorized by your employer or its workers’ compensation insurer rather than choosing any provider you want.
However, you may have options if you believe the care being offered is unreasonable. Iowa provides a process through which an injured worker can request alternate care. The circumstances matter, and changing doctors on your own without understanding the workers’ compensation rules can create questions about who is responsible for the resulting medical expenses.
Our Fort Dodge lawyers can review the care being provided and explain the options available if you have concerns about treatment, work restrictions or a recommendation to return to work.
How Long Do I Have to Report My Injury and File a Claim?
The 90-Day Notice Requirement
In Iowa, your employer generally must have actual knowledge of the injury or receive notice within 90 days from the date you knew or should have known that the injury was work-related. Waiting too long to report an injury can jeopardize your ability to receive benefits.
This rule can become particularly important with injuries that develop gradually. A repetitive-use injury or another condition caused by work may not begin with one obvious accident. Determining when you knew or should have known that the condition was related to your job can therefore become an important issue.
The Deadline for Starting a Workers' Compensation Proceeding
An original Iowa workers’ compensation proceeding generally must begin within two years from the occurrence of the injury. When weekly compensation benefits have been paid, Iowa law generally provides three years from the date of the last weekly compensation payment.
Exceptions and additional rules can affect particular cases. If you are unsure about a deadline, it is better to address the issue promptly rather than assume you still have time. Our steps to protect a workers’ compensation claim page also explains actions that can help after a work injury.
What Happens If My Workers' Compensation Claim Is Denied?
A denial does not necessarily mean your workers’ compensation case is over. Employers and insurers may dispute whether an injury was work-related, whether proper notice was given, the extent of a medical condition or whether particular benefits are owed.
A disputed claim may proceed through Iowa’s workers’ compensation contested-case process. That process can involve filing a petition, exchanging evidence, presenting medical information and participating in a hearing before the appropriate workers’ compensation official. Judicial review may also be available under applicable Iowa law.
If your claim has been denied, our attorneys can review the stated reason, examine the evidence and explain what options may be available to challenge the decision.
Can I Be Fired for Filing a Workers' Compensation Claim?
An employer cannot lawfully terminate an employee solely because the employee pursued workers’ compensation benefits. However, filing a claim does not prevent an employer from taking otherwise lawful employment action for legitimate reasons unrelated to workers’ compensation.
A retaliatory-discharge claim is separate from the workers’ compensation benefits claim itself. If you believe you were fired because you pursued benefits after a work injury, communications with supervisors, employment records and the timing of events may become important evidence. Our law firm can help you determine what legal issues may need to be evaluated.
What If Someone Other Than My Employer Caused My Injury?
Workers’ compensation may not be the only potential claim after a workplace injury. Sometimes another person or business outside the employer-employee relationship contributes to the accident.
For example, a worker could be injured by another company’s equipment, by a contractor at a job site or in a motor vehicle collision caused by another driver while the employee was working. Depending on the circumstances, the injured worker may have both a workers’ compensation claim and a separate personal injury claim against a third party.
The distinction matters because a third-party personal injury claim can potentially provide forms of compensation that workers’ compensation does not, including qualifying damages for pain and suffering. A work-related car accident, for example, may require examining both workers’ compensation benefits and the potential responsibility of another driver.
These overlapping claims can affect one another. Our attorneys can identify the potential sources of recovery and explain how the workers’ compensation and personal injury issues interact.
Should I Accept a Workers' Compensation Settlement?
A settlement is a negotiated agreement that resolves some or all of the disputed issues in a workers’ compensation case. Whether accepting one makes sense depends on the terms and your individual circumstances.
Different settlement structures can have different effects on future rights. Depending on the agreement, issues such as future medical benefits or additional compensation may be affected. Before accepting a settlement, it is important to understand exactly which rights are being resolved and which, if any, remain available.
Your medical condition also matters. An offer made before the long-term effects of an injury are clear may need to be evaluated differently from one made after your condition has stabilized. Our lawyers can review a proposed settlement and explain what its terms would mean for you.
When Should I Talk to a Workers' Compensation Lawyer?
Not every workplace injury develops into a dispute. But legal guidance can become particularly important when your claim is denied, your medical care is disputed, you have been assigned lasting restrictions, your benefits stop, a third party may have contributed to the accident or you are considering a settlement.
Our attorneys represent injured workers in Fort Dodge and throughout North-Central and Northwest Iowa. Our lawyers can evaluate benefit issues, medical-care disputes, permanent disability questions, claim denials and the interaction between workers’ compensation and other potential claims.
If you have questions about a workplace injury, contact our law firm to discuss your situation. Our Fort Dodge workers’ compensation attorneys can explain the applicable Iowa rules and help you understand what steps may come next.