A Brief History of the Workers’ Compensation System
In the 19th century, the United States experienced an industrial boom—and, along with it, a significant increase in workplace injuries. After these accidents, injured workers were left facing not only the physical pain and limitations of their injuries but also the financial strain of missed work and lost income. For those workers, the only way to provide for their care and ensure financial security was to sue their employers. This would begin a lengthy and costly legal battle for both employer and employee. Eventually, every state would adopt a workers’ compensation program to address this problem. These programs represent a compromise between the interests of employers and employees: employers would provide medical care and compensation regardless of fault, while employees would be limited in their ability to sue employers. Today, every state regulates a workers’ compensation program, though the details can vary greatly from state to state.The Iowa Workers’ Compensation Act
As in other states, officials in Iowa recognized the need for an effective workers’ compensation system that would protect workers and employers. The law has evolved over the years, and today it is reflected in Iowa Code Section 85. The act establishes the state system that allows Iowa workers to obtain medical care and wage replacement if they are injured or fall ill on the job. Some main tenets of the system are:- Only injuries or illnesses that result directly from work are covered. Employers are not responsible for providing care and compensation for injuries that are sustained outside the scope of employment. However, activities included under the scope of employment fall under a wide range, including travel for work, participation in work-related social events, and more.
- Benefits are available regardless of fault. Even if the worker is responsible for his injury, he can still obtain benefits. There are certain exceptions, but this covers most injuries that arise on the job. Additionally, if the injury results in the death of the worker, surviving family members may be eligible to receive benefits.
- Employees are protected from retaliation. Many injured employees are concerned that they will suffer negative consequences at work if they pursue a workers’ compensation claim. State law makes it illegal for employers to retaliate in any form, whether through demotions, threats, reduced time, or other means.
Benefits Available Through the Iowa Workers’ Compensation Act
There are two main types of benefits provided by the Iowa Workers’ Compensation Act for both employees and their families. State law requires the most employers either carry workers’ compensation insurance or self-insure to provide these benefits, which are:- Medical benefits. Employers or their insurance company will cover all reasonable medical expenses related to the work injury, including doctor visits, hospital stays, medications, rehabilitation, travel to appointments, and more. Medical benefits can be obtained regardless of whether the employee is forced to miss work due to the injury or illness.
- Wage replacement. Weekly compensation is paid while the employee is out of work as a result of the injury. These payments follow a schedule set by the state, depending on the nature and severity of the injury. Payment begins on the fourth day of missed work. If more than 14 days of work are lost because of the injury, the employee is also paid for the initial four days. The current maximum rate for wage loss is 80 percent of the employee’s weekly spendable earnings.
Under the Iowa Workers’ Compensation Act, state workers are protected from physical, emotional, and financial hardship that can accompany a job-related injury or illness. If you or someone you love has suffered such an injury, the experienced attorney at Pothitakis Law Firm can help you understand this law and make sure you receive all the benefits to which you are entitled. Take a moment to fill out the contact form on this page to schedule a free, no-obligation consultation to discuss your case.
Most Workers Are Covered Under the Iowa Workers' Compensation Act
If you’ve been injured on the job, your first concern might be about your eligibility. You might worry that you have no grounds for benefits based on your status as a worker. Fortunately, most workers are eligible for compensation after on-the-job injuries. Even if you’re a part-time worker, you should be eligible for compensation. Keep in mind, though, that a few groups, such as independent contractors, are currently not considered employees. If you’re not eligible under the Iowa Workers' Compensation Act, your workers' comp lawyer can discuss your options for benefits.Workplace Injuries and Illnesses
When you’re hurt at work, you might be concerned about whether the injuries you’ve suffered are covered. That’s especially true for those suffering from diseases, such as lung diseases, caused by exposure to chemicals or repetitive stress injuries, such as tendonitis, carpal tunnel syndrome, back strains and sprains, and shin splints. If your injury was related to your job, you should be eligible for compensation that covers your expenses. For example, if you suffered a brain injury, you should receive benefits that cover your medical expenses and a portion of your wages for your recovery. If the insurance company is demanding more evidence of your injury, though, you may need an Iowa workers' comp attorney for help.You Can Appeal Your Denial
If you’ve already tried to get your benefits for an injury at work, you might have been disappointed to find that you were denied your benefits. Your employer or their insurance company may have refused to supply benefits on grounds that you believe to be unfair. For example, common reasons sited for benefit claim denials include alleged invalid employer-employee relationships, qualifying injuries, disputes regarding the cause of the injury, and failing to file within the workers' compensation time limit. You’re not out of luck just because you’ve been denied compensation. The Workers' Compensation Act of Iowa gives you the right to appeal denied claims. Talk to your work compensation lawyer about taking your claim to court. Your lawyer can help you analyze the denial reason, set a workers' compensation hearing date, and speak in front of the Iowa Workers' Compensation Commissioner on your behalf.Learn More with a Workers' Comp Lawyer in Iowa
If you’re worried about what happens after a work accident, you might need some guidance toward your future. You need medical attention and care, and you and your family need compensation, which can be tough if you’re not sure of your rights. There are a few things to know about the Iowa Workers’ Compensation Act that can be helpful when filing your claim. If you’ve been injured in a work accident, talk to an attorney at Pothitakis Law Firm, PC about your options under this act. If you have questions about the workers' comp act and how it affects your claim, talk to an Iowa work comp lawyer during a free consultation and learn more about your options.
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