Common Reasons Your Iowa Workers’ Compensation Claim May Be Denied
There are a number of reasons why workers’ compensation claims may be denied in Iowa. From simple timing to more complicated medical issues, the chances of a successful appeal depend on the unique circumstances of each case. Some of the more common denials are based on:- Missed deadlines
- Injury sustained outside work
- Injury not severe enough to warrant benefits
- Drug or alcohol use indicated
- Injured worker not considered an employee of employer
- Injury is related to a pre-existing condition
What Should I Do If I Get Denied Workers’ Compensation Benefits in Iowa?
There are ways to dispute a denial of benefits in Iowa. Many times, simply going back to the employer or insurance company can resolve the issue. The Iowa workers’ compensation commission encourages “free and open communication” between employee and employer. State data indicates that most workers’ compensation claims can be resolved in this manner; only about a quarter of cases escalated to official claims. Unfortunately, there are times when the dispute cannot be resolved, and the employee must pursue more official means of what to do when workers' compensation is denied. In Iowa, a worker can file a contested-case proceeding. The state advises injured employees to seek assistance from a workers' compensation attorney if it is necessary to pursue this option. The decision of the commission is binding and the members of the commission are prohibited from offering any advice. Contested case hearings can be lengthy; the most recent report from the Iowa Workplace Development office stated that the average case took 571 days to resolve, and the commission heard about 600 cases in 2015.Contested Case Proceeding to Appeal Your Workers’ Compensation Claim
In a contested-case proceeding, the injured worker appeals the decision of the employer to the state commission. A hearing is held in which both the injured worker and the employer or its insurance company are given an opportunity to state a case, offer evidence, question witnesses, and supply expert testimony. The burden of proof in cases of what to do if denied workers' compensation is typically on the injured worker—he must show that the initial decision was incorrect and that his injuries do, in fact, warrant workers’ compensation benefits. Decisions can be challenged through the system, following the chain of:- Deputy workers’ compensation commissioner
- Workers’ compensation commissioner
- Local courts
- Iowa Supreme Court