Category Archives: Workers Compensation
Can Iowa Workers Sue a Workers’ Compensation Claims Administrator for Acting in “Bad Faith”?
Iowa courts have long permitted “bad faith” lawsuits against insurance companies with respect to first-party claims. That is to say, if your insurance company arbitrarily denies a valid claim that you file, you can sue the insurer for damages. In this sense, a bad-faith claim is a type of tort or personal injury case…. Read More »
Does Iowa Workers’ Compensation Cover Out-of-State Injuries?
You probably know that if you work for an employer in the State of Iowa and are injured on the job, you are entitled to receive workers’ compensation benefits. But what if the actual work-related injury occurs outside of the state? Can the employer get out of paying you based solely on where you… Read More »
Do I Need “Medical Evidence” Before Requesting Alternate Care Under Workers’ Compensation?
Unlike many other states, In Iowa the workers’ compensation system allows the employer–not the injured employee–to choose the medical care you receive. If you object to the employer’s choices, or you simply believe your injury requires additional care beyond what the employer says it will provide, you can file a petition for “alternate care”… Read More »
Does Signing an Employment Application Mean I’m Covered by Workers’ Compensation?
A critical feature of workers’ compensation in Iowa is that it provides an “exclusive remedy” to a worker injured on the job. Here is what this means in practice. Normally, when you are hurt due to someone else’s negligence you have the right to file a personal injury lawsuit. But with a work-related injury,… Read More »
Iowa Supreme Court Clarifies Rules for “Idiopathic” Falls and Workers’ Compensation
Workers’ compensation covers injuries that arise “out of and in the course of employment.” Let’s say you fall off a ladder while performing some maintenance work at your employer’s office. That would clearly be an injury arising out of and in the course of your employment, so your employer would owe you workers’ compensation… Read More »
Can I Have Multiple Employers for Purposes of Workers’ Compensation?
Workers’ compensation is considered the “exclusive remedy” under Iowa law for employees to seek compensation from their employers for a work-related injury. In other words, you cannot file a personal injury lawsuit against your company if you are already receiving workers’ compensation benefits. The law is designed to guarantee employees receive medical and wage… Read More »
Who Pays My Workers’ Compensation Claim If My Employer Is Sold to Another Company?
Just about every Iowa employer is required to carry workers’ compensation insurance. This is supposed to ensure that injured employees have access to medical benefits and compensation for lost wages in the event of a work-related accident. Unfortunately, sometimes it’s not entirely clear who owns a given employer, especially if the corporate entity has… Read More »
The Importance of Proving “Causation” in Workers’ Compensation Cases
Workers’ compensation benefits in Iowa depend on “causation”–that is, whether or not you can prove that your injury arose out of your employment. The mere fact you are injured does not, in and of itself, establish causation. For example, if you suffer from a degenerative condition, the Iowa Workers’ Compensation Commission may determine that–not… Read More »
Can I See My Own Doctor If I’m Receiving Workers’ Compensation Benefits?
As a general rule, when you receive medical care for a job-related injury under workers’ compensation, your employer has the right to choose your doctors. There are, however, several exceptions to this rule. For instance, if you require emergency medical care and cannot immediately reach your employer, you are free to go to the… Read More »
Can I Receive Industrial Disability Benefits Even if My Doctor Claims I’m Fully Healed?
Many Iowa workers’ compensation claims involve short-term injuries where the employee is back at work within a few days or weeks. But if a workplace accident leaves you with an industrial disability–that is, a permanent injury to your “body as a whole”–you are legally entitled to permanent partial disability (PPD) benefits. The exact level… Read More »
