Moville Workers Compensation Attorneys

Legal hurdles after a workplace injury can be challenging. Our workers' compensation attorneys are here to help. With relentless dedication and expert knowledge, our team fights for injured workers' rights. We work diligently to secure fair treatment and the compensation you deserve, letting you concentrate on healing.

Understanding the complexities of workers' compensation claims in Iowa is crucial for anyone dealing with a workplace injury. From adhering to strict time limitations to handling claim denials and knowing when you can reopen a settled claim, this comprehensive guide provides the necessary insights to ensure you receive the full benefits you deserve.

Time Limitations for Filing an Iowa Workers' Compensation Claim

Reporting Your Injury

The first step in securing workers' compensation benefits is reporting your injury to your employer within 90 days, as mandated by Iowa Code Section 85.23. This should be done as soon as you realize the injury was work-related. Immediate reporting strengthens your claim's credibility and facilitates the initiation of the claims process.

Filing a Petition

Under Iowa Code Section 85.26, you must file a petition within two years of the injury date. Failing to do so could result in the dismissal of your claim. However, if you have been receiving weekly benefits, the filing period extends to three years from the date of your last benefits check. Consulting a knowledgeable attorney within this period is advisable to explore potential exemptions and safeguard your rights.

Deadlines After Approval

If you are entitled to disability benefits but haven't received a check, you need to file a claim with the Iowa Workers' Compensation Commissioner within two years of the injury date. If you have been receiving regular disability benefits, you have three years from the date of your last check to file a claim. Missing these deadlines can result in a denial of benefits, highlighting the importance of maintaining up-to-date records.

Common Reasons for a Denied Workers' Compensation Claim

It is not uncommon for workers' compensation claims to be denied, sometimes erroneously or due to insufficient evidence. Here are some common reasons for denial and how to address them:

Legitimate Denials

Claims are rightly denied if employees fabricate or exaggerate their conditions or if they were intoxicated at the time of the accident. Such claims are not entitled to benefits.

Overstepped Time Limits

Failing to report your injury promptly can lead to denial. Always notify your supervisor immediately after an injury or upon recognizing a work-related illness. Reporting within the 90-day limit is crucial.

Medical Authorization Issues

Refusing to sign a medical authorization can result in claim denial. While the insurer has the right to review your medical records related to the work accident, you are not required to sign a release that grants them access to your entire medical history. It's best to manage this process with an attorney's assistance.

Failing to Abide by a Doctor’s Orders

Non-compliance with your doctor's orders can be used as evidence to refute the legitimacy of your injury. Missing appointments, refusing exams, or being caught doing activities that contradict your claimed injuries can lead to denial.

Appealing a Denied Claim

If your claim is denied, you can appeal and present additional evidence to support your case. Having a workers' compensation attorney can significantly improve your chances of a successful appeal.

Reopening a Workers' Compensation Claim

There are three types of settlements in Iowa workers' compensation cases:
1. Agreement for Settlement: Can be reopened.
2. Agreement for Settlement with Full Commutation: Cannot be reopened.
3. Compromise Settlement: Cannot be reopened.

Only an agreement for settlement, commonly known as an "open file," allows for reopening the case under specific circumstances.

Criteria for Reopening a Case

To reopen a settled claim, you must prove one of the following:
1. Worsening of the claimant's physical condition.
2. Reduction in earning capacity.
3. Temporary disability becoming permanent.
4. Existence of a critical but previously unknown fact.
5. A scheduled member injury causing an industrial disability.

Process for Reopening

Documenting the worsening condition through medical records, additional exams, and independent evaluations is essential. Often, these cases are challenging, so having an experienced attorney is crucial.

Statute of Limitations

A review-reopening petition must be filed within three years of receiving the last indemnity benefit payment. There are few exceptions to this rule, so timely action is critical.

Getting Legal Assistance In Moville

Navigating the complexities of Iowa workers' compensation laws can be daunting, especially during the recovery process from a workplace injury. Seeking guidance from a seasoned Moville Workers' Comp attorney is invaluable in ensuring your rights are protected and maximizing your chances of a favorable outcome.

Legal professionals play a pivotal role in gathering evidence, preparing documentation, and advocating for your interests throughout the claims process. Don't risk missing out on the compensation you deserve – enlist the support of a qualified attorney to navigate the complexities with confidence.

The Iowa Workers' Compensation attorney team at Walker, Billingsley & Bair know the importance of protecting your work injury claim from the get-go. That's why we provide this FREE book; Iowa Workers' Compensation - An Insider's Guide to Work Injuries: 7 Deadly Mistakes To Avoid If You Are Hurt At Work. To learn more about what our legal team will do to help you protect your Iowa work injury claim, contact Walker, Billingsley & Bair to schedule a no-cost consultation - 641-792-3595.