Workers’ Compensation Attorney in Iowa

Employees have the right to safe workplace practices. For a statewide workers’ compensation attorney call Pothitakis Law Firm at (319) 318-0450

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Iowa Workers’ Compensation Lawyer

Representing Injured Employees Throughout Iowa

When you are injured at work, you deserve fair compensation to cover your losses, including lost wages and the bills for any necessary medical treatments. Fortunately, workers in Iowa have the right to workers’ compensation benefits.

However, the process of successfully filing a claim is often more complicated than it needs to be, and many Iowans struggle to access the money they are entitled to under the law.

For over 20 years, our Iowa workers' compensation lawyers at the Pothitakis Law Firm has made it our mission to protect your rights and achieve the highest possible financial recovery for your workers’ compensation claim.

Having secured over $100 million for our clients, our Iowa workers’ compensation lawyer understands how to level the playing field and strategically approach these cases.

Compassionate and Caring Workers' Compensation Lawyers

When you hire our Iowa workers' compensation law firm, you will be working with a neighbor and friend. We are proud to be a part of the Iowa community and help its residents get the compensation they deserve for workplace injuries.

Our legal professionals are deeply invested in the outcome of your case and will provide attentive, compassionate advocacy from beginning to end. So, you can always trust that we have a workers comp attorney near you, ready to go the distance to get the compensation you need.

You pay no fees unless workers compensation lawyers win. Schedule a free initial consultation by calling (319) 318-0450 or contacting us online today. Se habla español.

What Is Workers’ Compensation?

“Workers’ compensation” is an insurance policy that the grand majority of Iowa employers are required to carry. These policies are designed to cover job-related injuries or illnesses sustained by employees.

When an employee is injured, their employer files a claim, and the insurance company issues monetary compensation for injury-related expenses. Employers must pay for these policies themselves and cannot require employees to contribute.

Who Qualifies for Workers’ Compensation in Iowa?

Any private employer operating in Iowa with at least one part-time or full-time employee must carry workers’ compensation insurance. There are very limited exceptions to this rule, so if you work for an Iowa employer and are injured while on the job, there is a good chance you are covered by their policy.

Iowa workers’ compensation policies tend to cover three types of conditions:

A traumatic physical injury caused by a single event. Car accidents, machining issues, falls, object strikes, and more are classic examples of accidents at work. These one-time events can leave employees with injuries that cause pain, require medical treatment, and prevent the employee from performing their job duties for some amount of time.
A cumulative injury caused by repetitive stress or exposure that develops over time. Repetitive use injuries are becoming increasingly common among the workforce, especially with the growing use of computers and machinery. Even seemingly light work such as typing or small tool use can cause these types of injuries when performed day after day. Tendonitis, carpal tunnel, and bursitis are the most common repetitive use injuries.
A work-related disease such as heart or lung disease. Some occupations put employees at risk for diseases that can affect major body organs, even while the employee may appear healthy. Miners, firefighters, police officers, and many more can breathe in toxins or be exposed to chemicals harmful to their health while at work. Hearing loss is also covered when it is the result of noise and a lack of appropriate training and protection.
A mental or emotional injury that is work-related. While most jobs are accompanied by some amount of stress, there are times when an employee experiences an emotional injury that impacts them for months or even years. In these cases, it can be possible to pursue a workers’ compensation claim.
Aggravation of a pre-existing condition. Generally, workers’ compensation does not cover any pre-existing conditions. However, if a condition is worsened by the work environment, it can be possible to obtain benefits.

Determining Eligibility for Workers' Compensation Benefits in Iowa

To successfully file a workers’ compensation claim, you must be able to demonstrate that your condition is “work-related,” meaning it was sustained while you were on the clock, at your workplace, or as a direct result of your job.

Injuries sustained outside of work do not qualify for workers’ compensation benefits. You will have a much more difficult time obtaining benefits if you cannot readily prove the connection between your injury and your job.

Unlike in personal injury cases, fault does not generally matter in a workers’ compensation claim. You do not need to prove your employer (or anyone else) was negligent, and you may be able to get benefits even if you were partially or entirely responsible for the accident.

You cannot get workers’ compensation benefits if your injuries were caused by intoxication or if you were deliberately trying to harm yourself or someone else.

Determining whether you are eligible for benefits after an accident is not always easy. Our Iowa workers’ compensation attorney can review your case, advise whether you qualify, and walk you through your options.

Our Areas of Practice

What Benefits Can I Get Through Workers’ Compensation?

The types of benefits you can potentially receive will depend on the nature and severity of your injuries. Iowa does enforce caps on disability benefits: You can get up to 80% of your weekly earnings or $1,864, whichever is lower.

In Iowa, workers’ compensation benefits cover:

Medical care: Workers' compensation in Iowa covers all reasonable and necessary medical care related to the work injury or illness. This includes doctor visits, hospital stays, surgeries, physical therapy, medications, medical equipment (like crutches or wheelchairs), and other necessary treatments. The injured worker is typically not required to pay any out-of-pocket expenses for these medical services.
Temporary partial disability: If a worker can still work but is forced to take a lower-paying job due to their injury or illness, they may be eligible for temporary partial disability benefits. These benefits are typically calculated as two-thirds of the difference in wages between the worker's pre-injury wage and their post-injury wage.
Temporary total disability: When a worker's injury or illness temporarily prevents them from returning to work, they may receive temporary total disability benefits. These benefits are generally calculated at two-thirds of the worker's average weekly wage before the injury, subject to certain maximum and minimum limits. These benefits are available until the worker reaches maximum medical improvement or can return to work.
Permanent total disability payments: In cases where an injured worker cannot return to any type of gainful employment due to the severity of their injuries, they may be eligible for permanent total disability benefits. These benefits are typically paid for life, or until the worker's condition improves to the point where they can return to work.
Lost wages: If an injured worker experiences a loss of income due to their work-related injury or illness, they may be eligible for lost wage benefits. These benefits are designed to compensate for a portion of the wages the worker loses as a result of their inability to work.
Death benefits: In the unfortunate event that a work-related injury or illness results in the death of a worker, the surviving dependents or beneficiaries are entitled to death benefits. These benefits typically cover funeral expenses and provide financial support to the deceased worker's dependents, such as a spouse or children.

How Long Do I Have to File a Workers’ Compensation Claim in Iowa?

Strict time limits apply to Iowa workers’ compensation claims. Waiting too long to take action could impair your rights, so do not wait to discuss your case with our Iowa workers’ compensation lawyer.

You have 90 days from the date of a job-related accident or the date you discovered a job-related injury or illness to inform your employer, but it is in your best interest to notify them as soon as possible. Your notification should be made in writing.

After you have notified your employer, you must start receiving benefits within two years of the date of the injury-causing accident (or the date you discovered a job-related injury or illness). If you do not start receiving benefits during this two-year window, you must file a formal workers compensation petition before the initial statute of limitations expires.

If you have at any point received workers’ compensation benefits for an injury, a different statute of limitations applies if you are seeking new benefits for that injury. You will have three years from the date of your final payment to receive additional benefits for the injury.

When Work Injuries Occur Outside the Workplace

Jobs can encompass many types of tasks and duties, and they can take an employee from a job site to an office to virtually anywhere. Workers’ compensation will cover most job-related injuries, even ones that do not occur at the work site. This means that what injuries qualify for workers' compensation include those sustained nearly anywhere in the course of their duties—when traveling for work, on a job site, or even possibly at a work social function. As long as the employee was taking action to perform a job-related task, it can be covered.

Exceptions to the Iowa Workers’ Compensation Injury Rules

There are a few circumstances regarding what injuries are covered by workers' compensation in which the employer is not obligated to pay an injured employee benefits, even if the injury occurs at work or is work-related. These include injuries sustained:

Outside of work.
While the employee was under the influence of alcohol or drugs.
When the employee was acting in direct conflict with stated company policy.
In a fight.
While the employee was committing a crime.

Do You Lose Workers’ Compensation if You Quit Your Job?

In Iowa, if you decide to quit your job your workers’ compensation case will remain open. But it opens the door for there to be issues with your case. This is especially true if you are receiving temporary disability benefits or are planning to file for unemployment. If you leave your job while receiving temporary disability benefits, they could end.

If you were injured at work and plan to quit your job, then it’s best you speak with an Iowa workers’ comp attorney. Schedule your free initial consultation with the legal professionals at the Pothitakis Law Firm today.

Maximize Your Benefits with an Iowa Workers' Compensation Attorney

Though you are entitled to workers’ compensation benefits when you suffer job-related injuries, actually obtaining the money you deserve is often easier said than done. You should not assume that your employer or their insurance company is acting in your best interest. In many cases, these parties will do everything in their power to pay you as little as possible.

Here are some of the benefits of choosing our firm to represent your case:

Proven Track Record in Iowa Workers' Compensation Claims: We have extensive experience in handling workers' compensation cases in Iowa. Our legal team is well-versed in the state's laws, regulations, and the intricacies of the workers' compensation system. We can provide you with valuable guidance and ensure that your rights are protected throughout the process.
Guidance Through Complex Claims Procedures: Workers' compensation claims can involve complex legal procedures, paperwork, and negotiations with insurance companies. Our experienced attorneys can help you navigate through the entire process, ensuring that all necessary documents are filed correctly and on time.
Ensuring Maximum Compensation for Your Injuries: We work diligently to help you receive the maximum compensation you are entitled to. This includes medical care, lost wages, and disability benefits. We will review your case in detail, gather evidence, and use our expertise to present a strong case on your behalf.
Expert Negotiations with Insurance Providers: Dealing with insurance companies can be challenging. We handle negotiations with insurance providers to ensure that you receive fair and just compensation. Our goal is to secure the best possible outcome for your case.
Assistance with Appeals and Disputes in Iowa: If your claim is denied or disputed by your employer or their insurer, we can represent you in appeals and dispute resolution processes. Our experience and knowledge of Iowa's workers' compensation laws can be a significant asset in fighting for your rights.
Assistance with Meeting Filing Deadlines: Many claims are denied simply because they were not made in time. Deadlines are important, and our attorneys know when, where, and how to file a claim.
Investigating and Gathering Evidence: Most workers’ compensation cases require the injured worker to provide information and evidence to support the injury claim. Our lawyers can help secure medical documents, witness statements, and expert testimony to ensure your claim has the best chance for approval.
Stress-Free Legal Support During Recovery: Dealing with a work-related injury is stressful enough. Our team will handle the legal aspects of your case, allowing you to focus on your recovery and well-being.
No Upfront Legal Fees - Contingency-Based Representation: At Pothitakis Law Firm, we typically work on a contingency fee basis. This means you won't have to pay legal fees unless we win your case. This arrangement makes legal representation accessible to injured workers, regardless of their financial situation.
Customized Legal Services for Iowa Workers: We understand that every case is unique, and we take a personalized approach to each client. We will take the time to understand your specific needs and circumstances to provide you with the best possible legal representation.
Efficient Case Resolution for Iowa Workers: We work diligently to resolve your case as efficiently as possible. Our goal is to help you get the compensation you need without unnecessary delays.

By hiring a seasoned legal representative, you level the playing field. Our legal professionals at the Pothitakis Law Firm can provide knowledgeable guidance at all stages of the application process and are prepared to assist you if your claim is denied. We have a workers comp attorney near you to help when you need it most. We will work to ensure your injuries are fairly evaluated and that you receive the full amount of what you are owed under the law.

The Cost of Not Hiring Legal Representation

Every year, thousands of Iowa workers file a workers’ compensation claim after a work-related illness or injury. Workers’ compensation benefits in the state have been among the most generous across the country, and the U.S. Department of Labor states that Iowa paid out over $241 million is medical benefits and lost wages. For all those who receive benefits, however, there are thousands of others whose claims were denied. So, while the law does not require injured workers to hire an attorney, it is usually a good idea.

While the decisions of a workers’ compensation commission do not take place in court, the decisions are binding and can have a significant impact on the injured worker and his family. If your claim is denied, it can mean the loss of vital income. When the stakes are so high, it is best to make sure that your case is as complete and thorough as it can be. Typically, injured workers have little experience with legal matters and the workers’ compensation system. An experienced attorney has been there before. If you or someone you love has suffered an injury at work, you may be eligible for Iowa workers’ compensation benefits and we are ready to help you thorugh the process.

Ready to Claim Your Benefits? Contact Pothitakis Law Firm for Iowa Workers' Compensation Assistance

Informative Articles for Iowa Workers:

Understanding Workers' Comp Settlements in Iowa

Navigating Work-Related Injury Compensation in Iowa

Explaining Subrogation in Workers' Compensation Cases

Meet Our Team

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Our Reviews

“Taking the case as far as possible, but knowing when to settle. Ann was great to work with, very good at her job. Kayla was also great to work with, did a very good job.”
- S.B.
“Niko was always to the point and honest about [my case]. Very courteous staff. Always able to speak with me and prompt on returning my calls. Thank you.”
- C.L.
“He kept me updated on everything. He did an awesome job for me! Couldn’t have gotten near what I did without his help! His staff is so nice and helpful too. Great place to go!”
- S.D.

What injuries will my Iowa workers’ comp claim cover?

Generally, your workers’ comp benefits should cover any injuries caused by your employment, including any work-related illnesses. While illnesses may be more difficult to prove, you should be compensated. Pre-existing injuries won’t generally be compensable, but you may receive compensation if your work conditions agitated your pre-existing injury or illness.

I think I caused my workplace accident. Will I still be eligible for benefits?

Generally, it doesn’t matter if you caused your accident. Workers’ comp covers anyone who was injured at work and needs benefits. The few exceptions to this rule include intentionally harming yourself or abusing drugs or alcohol at the time of the accident.

How will I receive my workers’ compensation benefits?

Most people choose to receive their benefits as a weekly benefit, much like their pre-injury income. In some cases, however, you may wish to receive your benefits as a lump sum settlement. While this is an option, keep in mind that you may lose your right to change your benefits if your condition worsens.

Our Results

$1 Million Workers Slip and Fall
After hearing, the Deputy Workers’ Compensation Commissioner entered an award fully in favor of the Claimant finding him permanently and totally disabled. The Decision resulted in an award with the present value of in excess of $1 million. In addition, the Defendants were ordered to pay the Claimant’s medical expenses for the remainder of his life.
$450,000 Partial Commutation
In 2013, our client was a truck driver who was fatally injured in a tragic auto accident. He was married at the time and as a result his wife was entitled to Workers’ Compensation benefits. Those benefits would end upon her death or shortly after she were to remarry. The surviving spouse was finding it difficult to live on the weekly Workers’ Compensation benefits and for other reasons wanted to have the money paid in a lump sum.
Workers’ Comp Appeal Results in Settlement
Pothitakis Law Firm pursued this claim for in excess of three and a half years. Mr. Pothitakis conferenced with the claimant’s doctors and obtained reports over those years to put the claimant in the best position to obtain a favorable result at hearing. When the initial decision was inappropriate, Pothitakis Law Firm filed an appeal and was successful on that appeal.

Are You Looking For A Workers' Compensation Lawyer in Iowa?

For a results-driven workers’ comp attorney, call The Pothitakis Law Firm. We have offices in Burlington and Keokuk.

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