If you have been injured while at work or on the job, the best way to protect your rights is to contact an experienced workers' compensation or personal injury lawyer. A lawyer will be able to help file a workers' compensation claim. A lawyer will also be able to determine if you should file a lawsuit in addition to or instead of a workers' compensation claim.

Additionally, a lawyer will be able to determine other types of compensation to which you may be entitled. For example, if someone other than your employer or a co-worker was at least partly to blame for your injury, you may be able to file a liability insurance claim against that person or business.

You may be eligible for workers' compensation benefits for a work-related injury that fits into one of the categories below:

• Pre-existing Conditions - These types of injuries are unrelated injuries that you already had, which are aggravated or exacerbated by your work. One example is a back injury, even if you don't notice the pain caused by the injury until later.
• Injuries on-the-job - This category includes injuries caused by your work activities and your company's facilities (such as a chair in the company break room). Injuries during work time also include those that occur during coffee breaks, on your lunch break, and during work-sponsored activities (for example, a company picnic).
• Exposure to Toxins - This class includes injuries that results from exposure to toxins in chemicals from normal working conditions. An example of this type of injury is lung cancer, if you can show that it was caused by exposure to those on-the-job toxins.
• Physical and Mental Strain - This category includes physical and mental strain that is a result of increased work duties or work-related stress. In some states, a disabling mental condition that is a direct result of work demands or constant harassment from a supervisor may also be included in this category.

• Report the Injury to Your Employer
  • If it's possible, report your injury in writing and keep a copy of that report for your personal records.
  • It is important to report your injury as soon as possible, both for acute injuries such as accidents, and those injuries that develop gradually. Failure to give timely notice of a work injury to your employer may deprive you of your right to compensation. Your lawyer will help you evaluate deadlines applicable to your claim.
• File Your Workers' Compensation Claim as Soon as Possible
  • If your injury entitles you to workers' compensation benefits, file your claim as soon as you can. Waiting to file could lead to problems or delays in receiving your benefits. Reporting your injury and filing your claim quickly is the best way to make sure that you start receiving benefits quickly.
• If Your Claim Is Disputed
  • If there is a dispute regarding your claim, you can contact your state's workers' compensation commissioner's office. You may also want to contact a lawyer experienced in the workers' compensation system.

The workers' compensation system provides compensation for employees who were injured at work or suffered an illness because of their job. If the injury is great enough to result in death, workers' compensation benefits are paid to the employee's surviving spouse and children or other dependents.

In most states, employers are required to purchase workers' compensation insurance from an insurance company. In some states, large companies are allowed to self-insure, or act as their own insurance company. Small companies, those with fewer than three or four employees, may not be required to have workers' compensation insurance. When an employee is injured and files a workers' compensation claim, this claim is then filed with the insurance company, or with the self-insuring employer, who pays the workers' compensation benefits. These benefits may include medical and disability compensation, depending on your state.

If an employer offers a temporarily, partially disabled employee temporary work, the offer must be communicated in writing, including details of lodging, meals, and transportation.

• What is the amount of benefits?
  • The amount of weekly payments is dependent upon the amount of your gross earnings at the time of your injury, and the number of deductions for federal and state income tax that you would be entitled to if you claim the maximum number of exemptions to which you were entitled. We will check to make sure you are receiving compensation at the appropriate rate.
• How much are we going for?
  • One of the more frequent questions asked by new clients is, “How much are we going to sue for?” Under the Commissioner’s Rules, we do not ask for a specific amount, but ask only that the Commissioner grant the relief sought. Ask your attorney to explain the type and amount of benefits requested.
• What happens after a worker's compensation claim is brought?

  • Under the laws of Iowa, there are no longer secrets in lawsuits. The defendant in a case is entitled to ask reasonable questions about the accident and how the injuries have affected the injured person. An attorney’s policy should be to answer all legitimate requests from the defendant fully and truthfully.

    Once a lawsuit has been started, the claimant and the defendant have the right to obtain information about the case by using depositions and interrogatories. Discovery depositions involve the taking of verbal testimony from a person while under oath. If a client’s deposition is taken, the attorney is always present. A court reporter who takes down the sworn testimony is present. Before a deposition of a client, their attorney will take all the time necessary to go over the types of questions that will be asked so there are no surprises.

    Interrogatories are written questions which the attorney for either side may submit to the other. They have to be answered in a prompt manner, usually within 30 days. When interrogatories are sent to an attorney for clients to answer, the attorney expects that they will be returned promptly. Any delay in returning these questions will only delay the lawsuit.

    Medical examination: The defendants have a right to have you examined by a physician of their choice, within reason. The insurance company will pay the costs of this examination and a report will be given to the insurance company regarding the doctor’s findings and opinions concerning your injuries. Workers have a right to a rebuttal examination by an independent doctor. The cost of that examination may be reimbursed by the employer if the workers’ claim is deemed compensable.

• What happens at the Workers' Compensation Hearing?
  • After the suit has been filed, the hearing date will usually be within 9 to 16 months from the date the Petition was filed, but this sometimes takes much longer. Most claims are settled before the date of the hearing. You should ask your attorney specific questions about the possibility of your case settling before hearing.
  • A hearing with the Iowa Workers’ Compensation Commissioner is an informal proceeding. The Deputy Commissioner will hear all of the evidence and read the medical reports or medical depositions. From all the testimony the Deputy hears, and the evidence introduced, the Deputy will determine the amount of benefits to which you are entitled. This decision is not rendered at the time of the hearing.
• What happens after the Deputy makes a decision on my case?
  • You will be notified of the Decision the Deputy makes on your case. If you are not satisfied with the results, you must tell your attorney immediately. Claims can be appealed. After a ruling of a Deputy Commissioner, there is a time limit of 20 days from the date of the Decision in which to appeal. If the initial appeal is unsuccessful, there is a 30-day time limit to file another appeal. It is your responsibility to notify your attorney if you want to appeal your case. Remember, the defendant in your case also has the right to appeal if they are not satisfied with the results.
• Am I entitled to mileage reimbursement?
  • If your employer has accepted liability, you are entitled to be paid mileage (approximately 55 cents/mile) for your appointments to and from the authorized physician, physical therapists, healthcare facilities, and the approved pharmacy to obtain prescriptions. You will need to document who you saw, the date of the appointment or trip, and the round trip mileage. We can process that claim for you if the information is sent to us in writing. Additionally, if the authorized physician documents that you are unable to drive, a claim can be made for the lost wages and mileage for the person taking you to appointments. You should consult with your attorney regarding these issues.