Common Workers’ Compensation Questions in Eastern Iowa
Q: Do I have to pay a consultation fee to talk to you about my case?
A: Initial consultations are free and confidential. Mark will answer any questions and explain your rights.
Q: How does a contingency fee work?
A: A contingency fee agreement provides for an attorney fee based upon the amount of recovery. No fee if no recovery.
Q: What should I do if I have a work injury?
A: Do not wait to report your work injury. You have up to 90 days to report a workers’ compensation claim. The 90-day notice period may be extended in certain circumstances. It is important that you act quickly to ensure you receive maximum benefits.
Q: Will I be fired if I file a workers’ compensation claim?
A: Iowa law prohibits termination for the filing of a workers’ compensation claim.
Q: Will I be fired if I hire a workers’ compensation lawyer?
A: Iowa law provides injured employees with the right to collect workers’ compensation benefits. Employees are protected from termination for asserting a claim to benefits. Termination for filing a workers’ compensation claim is clearly illegal. An employee is required to establish that the workers’ compensation claim was a determining factor in termination.
In addition, in certain type of injuries, such as neck and back injuries, termination may increase an injured workers’ potential recovery. Firing an injured employee may demonstrate the injured employee can no longer perform the duties of the job. This can affect the fired workers access to the job market. Decreased access to the job market, as a result of a work injury, is referred to as industrial disability.
Q: What types of work injuries are covered?
A: Workers’ compensation cases cover a wide range of work injuries, acute and cumulative, including:
- Repetitive stress injuries (i.e., carpal tunnel and tendonitis)
- Skin burns (i.e., first-degree, second-degree, and third-degree burns)
- Paralysis (paraplegia, quadriplegia, and incomplete paralysis)
- Broken bones/fractures
- Neck injuries
- Knee injuries
- Back injuries
- Hip injuries
- Truck accidents
Q: What are my options for medical benefits?
A: Your employer is required to pay for medical treatment related to your work injury. Your employer retains the right to control care, but you may be able to request alternative medical care. In addition, you have the right to be evaluated by a physician of your choosing.
Q: What benefits are available to me?
A: Injured workers receive several types of benefits:
- Medical care
- Income Replacement
- Temporary total disability/Healing period
- Temporary partial disability
- Permanency benefits
Q: What is the Statute of Limitations
A: The period to file a claim is 2 years or 3 years after the last payment of weekly benefits. The time to assert a claim may be extended in certain circumstances.
Q: What should I do if my employer and insurance company deny my claim?
A: Contact Mark immediately. Your time to file a petition with the Iowa Workers’ Compensation Commission is limited by statute.