What Are My Rights?
Workers' Compensation Laws in Iowa
As an Iowa worker, you have rights. Most Iowa employers are required by law to maintain workers' compensation insurance for the benefit of injured workers. As an injured employee, you may have a right to receive compensation for a work related injury or a disease or medical condition that you suffered because of work, sometimes called an occupational disease. Many kinds of illnesses and diseases may qualify as work related and, therefore, entitle you to workers' compensation benefits. Just because a company doctor or company representative says a condition or injury is not work-related, does not make it so. Contact an experienced attorney and ask questions.
Unfortunately, many people do not understand Iowa work comp laws and as a result, employers and insurance companies often take advantage of injured workers. If you or a loved one has been injured, you probably have many questions that need answering.
Answers to some of the most frequently asked questions are provided below. To learn more about your rights, our law firm offers a free consultation. To contact the Trevino Law Offices in Fort Dodge, Iowa for your free consultation, call 888.325.8507.
Common Questions and Answers:
Here are some of the most common questions about Iowa workers' compensation laws and their answers:
Q: Do I have a right to choose my doctor?
A: Yes and no. As a general rule, your employer has a right to choose which doctor you see. However, there are exceptions.
First, if that doctor gives you a rating of permanent impairment which you feel is too low, you have a right to a second medical opinion that must be paid for by your employer. Second, if your doctor is not qualified or is providing inadequate care, you can take corrective action to request another doctor. An attorney can be very helpful in this process.
Q: Could I be fired for seeking benefits?
A: By state law, an employer may not terminate, harass or discriminate against an employee for seeking workers' compensation benefits.
Q: Am I covered?
A: If you were injured in a work related accident, you are probably covered. You do not have to prove that your employer was negligent. Even if you had a previous injury, you may be eligible for benefits if your injury got worse because of your job.
Q: What if my injury takes place on the way to work? Or, on my way home from work?
A: If you were injured on your way to work or on your way home from a job that required you to be on the road, then you may qualify for workers' compensation benefits even if the injury is caused by your own fault or negligence. Certain types of work related travel are covered. You may also be covered if you were injured in the work parking lot, cafeteria, break room or bathroom.
Q: What do I need to know?
A: First, you must notify your employer when you are injured. If you wait more than 90 days to notify your employer of an injury you have discovered, you could lose your right to receive any workers' compensation benefits. Even after you have notified your employer, you have a limited time to file a claim if they do not pay benefits or if you receive benefits for a period of time and then they stop making additional payments.
Contact an Iowa Workers' Compensation Lawyer
The best way to protect your rights is to retain an experienced workers' compensation attorney like Tito Trevino. Attorney Trevino has been protecting the rights of injured workers for more than 35 years.
If you need to speak with a workers' compensation attorney about your legal rights and options, contact the Trevino Law Offices in Fort Dodge, Iowa. To schedule a free consultation with attorney Tito Trevino, call 888.325.8507, or contact us by e-mail.