Iowa Workers' Compensation Attorney
Have you been hurt on the Job?
If you have been injured at work and suffer from problems related to a workplace injury within the past two years, SCHEDULE an appointment with Schlegel Law Office and bring copies of all medical records and bills related to your injury. You may have a claim for money damages under the Iowa Workers' Compensation Laws. You may be entitled to weekly temporary benefits and you may be entitled to benefits for long term or permanent disability.
Fees will be discussed at the FREE initial conference, based on either an hourly rate or a percentage of the recovery.
Workers' Compensation - FAQs
Q: I do a lot of kneeling at work. Several weeks ago, I noticed pain in my left knee as I was getting up. Since I didn't plan on missing any work because of this, I did not report it to my employer. Now my knee is very painful. Is it too late to file this as a workers' compensation claim against my employer?
A: Under Iowa law, a worker has 90 days after an injury to report this to an employer. If such notice is not given, the worker may well be barred from ever filing a claim. Although a specific employer may have a workplace rule requiring an employee to file their injury much earlier, the worker will not be barred from filing a workers' compensation claim so long as the injury is reported to the employer within the 90-day period following the injury. The 90-day notice requirement applies to both "traumatic" injuries, as well as "cumulative" injuries. In cumulative injury cases, the date of the injury is determined to be the first day of work which you had to miss due to the injury, but this is not always true.
Q: I have suffered an injury in which I believe was work-related and asked the insurance company to provide benefits, but they denied my claim. What can I do now?
A: Often times an insurance company will conduct its investigation too quickly and miss important pieces of information. The denial of the claim by the insurance company does not diminish, in any way, your rights to workers' compensation benefits. Once the insurance company has the appropriate information and still refuses to provide benefits, it is time for you to contact us to ensure that your rights to your benefits are being protected.
Q: I was recently injured at work and would like to look at my medical records. Can I get copies?
A: Yes. Under Iowa law an injured worker is entitled to get full copies of his or her medical records in the possession of the employer or the insurance company. In addition, if you are in a dispute with your employer over workers' compensation benefits, Iowa Code section 85.27 makes any party in possession of medical records responsible to the other party to produce those records.
Q: I recently was denied workers' compensation benefits by the insurance company because they said that my injury was the result of a pre-existing condition. Can I still get compensation?
A: Yes. Iowa workers' compensation laws recognize that workers' bodies gradually wear down with age, illness, and prior injuries. When a workplace incident results in an aggravation, acceleration, or worsening of an underlying or pre-existing condition, the employer is responsible for the care and treatment of that condition. The same is true in cases in which a workplace incident aggravates a previous non-work related injury. It is a long established rule in workers' compensation law holds that a workplace incident which aggravates an underlying condition is compensable.
Q: I was recently injured at work. My employer's insurance company offered to settle the case with me on a closed file basis? What does that mean?
A: In most cases, your employer's workers' compensation carrier will want to settle your case on a closed file basis. That means that, once the case has been settled, they are no longer obligated to pay for any treatments or medical expenses that you might happen to incur in the future. If your case is settled on an open file basis, the workers' compensation carrier may have to pay for future medical expenses stemming from the original injury. If your case goes to a hearing, you are entitled to a three-year review/reopen period, during which time you can re-open your case and seek additional compensation.
Q: I injured my back at work and have been seeing my orthopedic surgeon for several months. Now the workers' compensation insurance carrier switched my care over to a different doctor. Can they do that?
A: Yes. Your employer has the right to choose the physician who will treat you for your injury. It is very important for you to do what your employer asks you to do, and it is even more important for you to do what the treating physician asks you to do. You are entitled to an evaluation by a doctor of your own choosing, and, in cases where liability is not an issue, the workers' compensation carrier has to pay for it. This normally does not happen until after your treatments with the other physician have concluded and you have been released to go back to work.
Q: I was injured on the job several weeks ago, but my employer's workers' compensation carrier denied my claim. My doctor has told me that I need surgery for my condition. I am afraid that my personal health insurance will refuse to pay for the surgery because I claim that my injury is work-related, and my coverage does not cover work-related claims. What can I do?
A: If your employer's workers' compensation carrier denies your claim, you should turn your medical bills into your personal health insurance carrier for payment. Your health insurance carrier must pay these bills. If your employer's workers' compensation carrier is eventually found to be liable for your injury, your health insurance carrier is entitled to a share of its money back.
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