Filing a worker’s comp claim can be a simple process when the injury obviously occurred at work and the employer appropriately files the claim according to Iowa law. Even though employers would rather avoid an injury claim because it can impact their insurance rates, many employers also realize the program is designed to protect them from an expensive general damages lawsuit. However, there are also times when an injured worker may not be eligible for benefits or the employer refuses to file the claim for whatever reason they can devise in an attempt to avoid a claim altogether. Even the most appreciated employee can become a business adversary when being injured on the job if the employer does not want a comp claim filed. It is times like these when employees should contact an experienced workers comp services mason city ia legal representative to investigate the case and file the claim.
Potential Workers Compensation Benefits
The workers compensation program in Iowa is designed to provide coverage for medical bills when an employee is injured while performing job related duties. Sometimes these injuries occur at a designated central work location or on a remote job site. Workers comp benefits also apply to replacement income for lost wages while the employee is rehabilitating from the injury. Employees typically receive two-thirds of their standard rate of pay with no tax deductions during the period in which they cannot work. Returning to work requires a release from the attending physician as well as the employer agreement the injury is rehabilitated as much as possible. Complications in a claim can happen when the employee is seriously injured and will not be able to return to work. Depending on the extent of injury, an injured claimant may also be eligible for financial help in retraining for a different field of employment and a long-term lost wage settlement with ongoing medical coverage. This component of a worker’s comp claim is what all insurance companies and employers want to avoid, and often these claims are defended strongly when either responsible party wants to avoid or reduce the value of the claim.
What Legal Representatives Can Do
The purpose of having strong legal counsel is to keep the employers and insurance companies honest during the open claim period. Your attorney can compile all necessary documentation, including help with additional medical evaluation when needed, and ensure that all employee financial benefit rights are enforced. Workers compensation insurance companies are well-known for using specific tactics to reduce claim values for serious injuries or claim an injury is not work-related, and having solid representation means these claims can be evaluated in detail. In addition, many employers have workers performing job responsibilities in unsafe and often illegal situations, which could then result in a standard general damages personal injury negligence lawsuit.
Workers Comp Exemptions
It is important to note that not all businesses in Iowa are required to provide workers compensation insurance benefits for employees. It is never a good decision to accept the claims of the employer regarding opening a worker’s compensation case. Always call an experienced legal representative.