Workers’ compensation insurance revolutionized how injured workers get compensation following an accident. Before Iowa adopted its system, injured workers needed to sue their employers for lax safety or some other type of negligence. There was no guarantee that a worker would win the case. Even where successful, workers typically waited a year or more before they ever received a penny, so they had to pay for medical care out of their own pocket.
Today, virtually all Iowa employers purchase a workers’ compensation insurance policy which provides no-fault benefits to anyone hurt on the job. Because the benefits are no-fault, you don’t need to prove negligence. Your own negligence as a worker doesn’t matter, either. Instead, you can receive medical care and wage loss benefits simply because you were hurt while working.
Unfortunately, not everyone is covered by workers’ compensation in Iowa. Call Ball, Kirk & Holm, PC to talk with a Cedar Falls workers’ compensation lawyer. Our firm is available 24/7 for our clients, and we can help determine if you qualify for benefits. We can also bring an appeal if you have already seen a workers’ compensation claim denied.
Who Is Not Covered by Workers’ Compensation in Iowa?
Iowa’s law requires that most employers purchase workers’ compensation insurance or self-insure. However, the law also excludes certain workers from coverage:
- Domestic and casual employees who earn less than $1,500 in 12 consecutive months;
- Some agricultural employees;
- Family members of an employer, such as spouse, children, parents, or siblings;
- Police officers and firefighters who receive benefits under a pension fund;
- The owners (members) of a limited liability company;
- Independent contractors.
These are the main categories of workers who are excluded. Any excluded worker can purchase their own workers’ compensation policy, though in our experience few people do.
Are Part-Time Workers Covered by Workers’ Compensation?
Yes. Any part-time employee should be eligible for workers’ compensation benefits if they are hurt on the job. You also shouldn’t have to wait to become eligible. Some employers have a waiting period for certain employer-sponsored benefits, like health insurance.
But all workers, even part-time ones, should be covered by workers’ compensation as soon as they start working. If you are injured on your first day on the job, then you can make a claim. Even seasonal employees are eligible for workers’ compensation, provided they are not excluded for another reason. Call us if you have any questions or if your boss is telling you that you aren’t covered.
Are You Really an Independent Contractor?
Independent contractors are not employees, so an employer is not required to cover them with their workers’ compensation policy. That’s unfortunate because the independent contractor relationship has grown in popularity over the past 20 years. Thousands of people work in Iowa and support themselves doing contract work, so they are at risk of going bankrupt if they are hurt while working as a contractor.
Employers like hiring independent contractors because they don’t have to include them in a workers’ compensation policy, thus lowering the employer’s cost. But are you really an independent contractor?
What is Misclassification and Workers’ Compensation?
Many workers are “misclassified” by employers. The worker is really an employee, but the boss claims they are independent contractors. It might be hard to know if you are truly an employee and thus eligible for workers’ compensation benefits.
Here are some overarching considerations:
The label your employer gives you doesn’t determine whether you are an independent contractor or an employee. Instead, the question is whether you function like an employee. An employer can call you whatever they want. That doesn’t determine your legal right to compensation.
The state looks at many factors to determine whether someone is an employee. The two biggest factors are the worker’s independence and the employer’s right to control the worker.
When workers are truly independent contractors, they should have independence in how they perform a job. This usually includes deciding when and where to perform the work, as well as using their own tools. An independent contractor can also hire or contract with other people to perform part of the job. An employer has more power over an employee to perform how the work is done and when.
Were You Misclassified?
According to the state, misclassification is a “growing problem” in Iowa. Employers gain all sorts of benefits by misclassifying their workers. In addition to avoiding paying for workers’ compensation, they can avoid paying certain taxes and unemployment compensation.
If you were hurt while working, you should still submit a claim on your employer’s workers’ compensation. Apply even if you are told you are an independent contractor and not eligible. You might get denied, but you want to preserve your rights.
We can help prove you are really a worker who is entitled to benefits. As mentioned above, we want to see evidence of how you perform your job. If you are misclassified, then you deserve workers’ compensation benefits.
An employer can face criminal penalties if they don’t purchase workers’ compensation. The state also performs regular audits of companies to see they aren’t misclassifying people.
As an injured worker, you are most concerned with getting benefits. We can help with an appeal, which you file with the Iowa Department of Workers’ Compensation. You need to appeal before the deadline, so calling our firm is a critical step. We can also help gather evidence to show your injury happened while working.
Speak with a Lawyer in a Confidential Consultation
Nothing is more frustrating for workers than being told they are ineligible for workers’ compensation benefits when they suffer painful injuries or illnesses while working. Too many people with valid claims are denied.
Workers’ compensation benefits are a lifeline for injured workers who need medical treatment. Many injured workers also need to take time away from work, so they lose income.
Call Ball, Kirk & Holm, P.C. to discuss your work-related injury. We have helped misclassified workers seek compensation after a workplace accident.