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Workers Compensation Frequently Asked Questions
Workers Compensation Frequently Asked Questions
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:
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:
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.
Workers’ compensation is a critical system in place to protect employees who suffer from workplace injuries or illnesses, ensuring they receive the necessary medical attention and financial support during their recovery. Common workplace injuries range from strains and sprains, fractures, cuts, burns, to more severe cases like chronic illnesses due to long-term exposure to harmful substances, or injuries resulting from machinery malfunctions. The nature of these injuries can vary significantly across different industries, with some sectors being more prone to specific types of accidents.
Workers’ compensation plays a vital role in the construction industry, a field well-known for its high-risk work environments and the potential for severe accidents. Construction accidents can range from falls, machinery malfunctions, electrocutions, to being struck by falling objects, each bringing their own set of challenges in terms of both prevention and compensation. The intricate nature of construction work necessitates a thorough understanding of workers’ compensation laws to ensure that injured workers receive the appropriate medical care and financial support.
The roofing industry is notorious for its perilous working conditions, with employees routinely exposed to the risks of falls, equipment mishaps, and adverse weather conditions. Workers’ compensation serves as a vital safety net for roofing professionals, providing essential medical benefits and wage replacement in the unfortunate event of a workplace accident. Roofing accidents can result in a wide array of injuries, ranging from broken bones and concussions to more severe, life-altering conditions.
The manufacturing sector, with its heavy machinery, high-paced environment, and complex processes, is a hotspot for workplace accidents, making workers’ compensation a crucial component of employee welfare. Manufacturing accidents can vary widely, from machinery-related injuries, exposure to harmful substances, repetitive strain injuries, to severe accidents resulting in long-term disability or fatality. Navigating the workers’ compensation system in the event of a manufacturing accident requires a thorough understanding of both the legal framework and the specific nature of manufacturing injuries.
Workers in nursing homes play a crucial role in providing care and support to elderly and vulnerable populations, yet they are frequently exposed to a range of occupational hazards that can lead to serious injuries. From lifting and assisting residents, handling medical equipment, to potential exposure to infectious diseases, nursing home employees face daily risks that underscore the importance of comprehensive workers’ compensation coverage. Injuries in this sector may include back and shoulder strains, slips and falls, needlestick injuries, and more, each requiring immediate attention and adequate compensation to cover medical expenses and lost wages.
Volunteer emergency service employees provide invaluable contributions to their communities, often placing themselves in harm’s way to assist others during crises. However, the very nature of their work exposes them to a high risk of injury, making workers’ compensation a crucial consideration. From responding to accidents, natural disasters, to medical emergencies, these volunteers face potential injuries such as sprains, fractures, burns, exposure to hazardous materials, and psychological trauma.
Workers’ compensation benefits serve as a vital safety net for employees who sustain injuries or illnesses as a result of their work, providing essential financial support and access to medical care. These benefits encompass a range of provisions, including medical expense coverage, compensation for lost wages, disability benefits, vocational rehabilitation, and in some tragic instances, death benefits for the dependents of workers who have lost their lives on the job.
Navigating the intricacies of workers’ compensation in Eastern Iowa can be a daunting task, fraught with complex legal procedures and specific regional policies. Employees who have sustained injuries or illnesses on the job are often met with a barrage of questions about their rights, the extent of coverage they can receive, and the process for filing a claim.
With over 30 years of experience in successfully navigating clients through their workers’ comp claims, Mark Chipokas is a dedicated attorney with a deep understanding of workers’ compensation law, committed to helping his clients maximize their benefits.