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  • Writer's pictureTom Fowler

How to File a Lawsuit for Workers Compensation in Iowa - Tom Fowler Law 

The idea of going to work is to get money for buying food, paying the rent, and other things. However, what happens when going to work makes someone lose money? That's what happens to injured workers. 

When people suffer from an accident in their workplace, they often need to pay loads of money to fully recover from their injuries. The more severe the injury, the worse medical expenses get. Fortunately, people who get into this ordeal in Des Moines, Iowa can apply to get workers' compensation benefits. 

Workers' compensation insurance is there for people to address any work-related injury they get. However, things are not as easy as they sound. Injured workers still need to file a workers' compensation claim. 

Is doing this difficult? It depends on the lawyer the victim is working with. This page gives people a rundown on how the Iowa workers' compensation system works and how to get the most advantage from it. 

Filing a claim doesn't mean automatically getting workers' compensation benefits. This is a complex process with many ways of getting to the victim's goals. The best way to go through it is to hire a professional and experienced workers' comp lawyer. They're also able to help with how to file a lawsuit for wrongful death in Iowa.

Almost all employers are legally required to carry workers' compensation insurance in Iowa, but there are many restrictions victims should know about before applying. The Tom Fowler Law Firm works with qualified attorneys ready to fight for their client's workers' compensation case. People can call this law office to schedule a free consultation in Des Moines, Iowa. 

Do All Employers in Iowa Carry Workers' Compensation Insurance?

As mentioned before, almost all employers need to carry workers' compensation insurance in the state. Regardless of that, there are certain exceptions to this rule. 

Some examples of those exceptions are when the company has a sole proprietorship. Members of a limited liability company are often exempt from offering workers' compensation, too. 

In a nutshell, apart from extraordinary cases, all employers need to carry workers' comp insurance in Iowa, according to the Iowa Code.

What Are the Workers' Compensation Benefits in Iowa? 

What Are the Workers' Compensation Benefits in Iowa? 

It's essential people understand the benefits they are applying for when they ask for workers' comp. Insurance won't just directly pay for all the expenses the victim went through due to the accident. There are other things people can get if they get injured while working. 

Regardless of that, almost all benefits are money-related. 

One of the most important workers' comp benefits is to pay for lost wages. Even if someone pays for the victim's medical care, they still need money to live. They can't make money if they can't work, so covering lost wages is essential for an injured worker. 

Speaking of medical care, there are many medical benefits people can get if they get an injury while working. If the company the victim works for has any doctor available for those situations, they will get help from them. 

Insurance money can also cover part of the medical treatment needed to heal from the work-related injury. The amount of money the victim gets depends on how severe their problem is and the circumstances in which they got it. 

Iowa law also lists other weekly benefits people can get if they get an injury. These are a few of them:

- Second Injury Fund (SIF) Benefits 
- Vocational Rehabilitation (VR) Benefits 
- Healing Period Benefits 

How Does Iowa Workers' Compensation Insurance Work? - Process to File a Lawsuit 

Now that the reader knows how the Iowa workers' compensation system works, it's time to learn how to file a claim to receive benefits. Even if someone learns how to do this process, they still need help from a workmans compensation lawyer in Des Moines, so victims should hire one in the early stage of the process. 

Report the Injury 

The first thing to do after getting an injury while working is to report the accident to the victim's employer. They need to know as soon as possible, but victims have 90 days from the day of the injury to report it. 

After those 90 days, victims may not be eligible to apply for Iowa workers' compensation. 

Seek Medical Treatment 

Once the victim reports the accident, their employer may ask them to see a doctor to get an initial diagnosis. They should do this even if they still haven't gotten the compensation since medical records are excellent evidence.

Why do people need evidence for a workers' comp case? Because victims may need to prove they got that injury while working to the Iowa Workers' Compensation Commissioner.

File a Workers' Compensation Claim 

The process to file an Iowa workers' compensation claim includes filing a First Report of Injury form to the victim's employer's workers' compensation carrier. People can get this form from the Iowa Division of Workers' Compensation (DWC) website. 

Wait for the Insurance Carrier's Response 

Once they get the form, the insurance company will send someone to investigate the case and determine if it should accept or deny it. If it accepts it, the victim will start getting the benefits they asked for soon. 

What Can Victims Do When Insurance Carriers Deny Their Workers' Comp Lawsuit? 

Fortunately, the Iowa law protects victims from negligent carriers that deny workers' comp claims for no reason. People have many ways to address this situation. The first is to file a petition with the DWC to study the case. Victims need to file this petition within two years of the date of the injury. 

People can appeal the denial of the claim and try a contested case proceeding. They can take this case to a circuit or district court. Victims should attend mediation with a neutral third party and the insurance company before going to a formal hearing.

If the case goes to trial and the insurance carrier wins the case, the victim can still appeal that decision with the workers' comp commissioner within 30 days from the settlement. This is an exclusive remedy and the last thing employees can do to get compensation, though. 

Final Thoughts - Hire a Workers' Compensation Lawyer Today

Final Thoughts - Hire a Workers' Compensation Lawyer Today

Getting injured is something highly stressful in this country. Medical care is expensive, and people can't stop working if they need to make enough money for a living. Workers' comp exists so people can peacefully recover from the problems they go through.

Claim denials may discourage victims from going through the process, but that's just the beginning. Passionate and dedicated lawyers will always fight to the very end to help their clients. The Tom Fowler Law Firm is an excellent example of that. They'll assist with how to file a lawsuit for premises liability in Iowa as well.

This company works with experienced, licensed, qualified, and passionate workers' comp lawyers willing to put their full focus on the victim's case. It works in Des Moines, Iowa, and any victims of a work-related injury should call it now to schedule a free consultation. 

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