How Long Does a Person Have to File Workers’ Comp in Iowa?
Most employment agreements in Iowa require that workers' compensation cover the employees. Therefore, this insurance will pay for their medical costs when employees get hurt.
This blog will discuss all the details that a worker should know to file a workers’ comp in Iowa.
When Should a Worker Give Notice of a Work Injury to the Employer?
The first deadline is 90 days following the worker's working accident or identifying their work-related ailment. According to Iowa law, they must notify their employer of the grievance before this three-month window expires. The victim should disclose the injury or condition as soon as they become aware. This will assist the employer in taking the proper action to apply for Workers' Compensation benefits.
Overall, the 90-day period is calculated as soon as the employees know they have suffered damage due to work. Worker's benefits can be rejected if the employer does not receive notification or knowledge of a claimed job injury within 90 days.
After the Iowa Workers' Comp claim is granted, and workers are eligible for compensation, the other two deadlines apply. There are two situations they could encounter, and for each, the Iowa Workers' Compensation Commissioner has specific procedures and reporting dates (IWCC).
If workers have been granted workers' compensation disability benefits but have not yet received a check, they have two years from the date of their injury to claim with the IWCC. While their employer could cover medical expenses, they may also be eligible for disability payments in some circumstances. These benefits might be denied if the filing date is missed.
The worker must submit a claim to the IWCC if their application has already been granted, and they have received regular disability payments. If workers only get temporary disability benefits, their deadline will be three years from the day of the final disability benefit check. They risk losing extra compensation for their injuries if they miss this date.
What Is Iowa’s Workers' Compensation Statute of Limitations?
The statute of limitations is basically a deadline by which a worker must either resolve the claim or submit it to the Iowa workers' compensation office. In workers' compensation, there are two separate statutes of limitations deadlines: a two-year deadline and a three-year deadline.
1. Usually, employees have two years from their injuries to submit a claim for Iowa Workers' Compensation. That implies they must have either begun collecting benefits or applied for arbitration. Therefore, although it might seem straightforward, they must fulfill a few dates to submit an Iowa Workers' Compensation claim.
In addition, workers must submit a report to their employer before they can even submit an Iowa Workers' Compensation claim. The 90-day statute of limitations started running as soon as they either suffered the injury or understood that they had suffered one, whichever came first.
If the worker’s injury results in a three-day or more extended absence from work or are declared permanent, the employer has four days to submit an injury report to the Workers' Compensation Commissioner.
2. A worker who receives weekly disability benefits checks for temporary or permanent impairment must submit a claim within three years of the day the last statement was mailed. The date here indicates not the date the check was issued but the postmark date that shows when the check's envelope arrived.
Receiving payment for medical expenses or mileage reimbursement does not qualify as a weekly check to prolong the statute of limitations. In addition, these deadlines can be tricky, so if workers are unsure of how much time they have left to submit a claim or whether on not workmans comp is taxable, they should consult a workers comp lawyer in Des Moines.
Workers must be aware of three important dates when submitting an Iowa workers' compensation claim. Missing these deadlines, and failing to take the appropriate action within the allotted timeframes, may result in a suspension or total denial of their benefits.
It is essential to speak with a lawyer who focuses on workers' compensation claims if victims think they have delayed too long to submit an Iowa work comp claim. There may occasionally be a legitimate legal exemption that allows them to submit their claim even after the deadline.
A worker can only determine which extensions apply to them by speaking with an Iowa workers' compensation attorney.