One common question we get from injured workers is how long they must be employed before an accident is covered by workers’ compensation. The answer is: “you are covered from your first day on the job.”
We understand why workers are confused. For example, some employers only offer health insurance once a worker has been on the job for 90 or 180 days. And we’re sure employers would use the same waiting period for workers’ compensation if they could get away with it. But the state has taken that choice out of their hands. Under Iowa law, an employee is covered by workers’ comp from the moment they start working.
However, you might not receive all benefits immediately. Our Des Moines workers’ compensation lawyer explains more in this post.
You Immediately Qualify for Medical Benefits
If you are hurt on the job, you should immediately receive free medical care. So long as the care is reasonable and necessary to treat your work-related injury, you shouldn’t have to pay anything.
Getting your medical care paid for is a huge relief. The cost of care has exploded, so having it covered is a necessity for many workers. Even better, injured workers have a right to reimbursement for all mileage traveling to and from the doctor’s office. In a rural state like Iowa, travel reimbursement could represent hundreds of dollars each month.
However, your employer has the right to direct which doctor you see. That means you will need to meet with a medical provider in their network to receive free healthcare. If you meet with a doctor outside the network, then you will have to cover those costs yourself.
What happens if you don’t think the hand-selected doctor is helping you get better? You might request permission for “alternate care.” In effect, you are asking for permission to receive treatment from a doctor outside the network. Work with a lawyer if you think this is something you want to request. You can’t simply up and choose your own doctor.
Temporary Total Disability Benefits Has a Waiting Period
Many workers are in so much pain after an on-the-job accident that they can’t go back into work immediately. They are totally disabled. However, medical care should help them heal and, eventually, return to work, so their disability is temporary. There are common examples:
- Broken bones
- Traumatic brain injuries
- Shoulder injuries
- Soft-tissue injuries
- Herniated or displaced disk
- Second-degree burns
These injuries are serious and so disabling you probably need time in the hospital or at home. You should request temporary total disability benefits, or TTD.
There’s a catch, though. Iowa has a three-day waiting period for TTD benefits. You will not receive TTD benefits for those three days unless you end up missing 14 or more days of work.
Here is how it works:
- You miss three days of work to heal. You will not receive TTD for those three days.
- You miss 10 days of work. You will not be paid for the first 3 days, but you will receive TTD for the next 7 days.
- You miss 14 days of work. You will receive TTD benefits for all 14 days.
Essentially, the waiting period prevents payment for the first three days for someone with a relatively minor injury. In our opinion, workers should receive compensation for every single day of work they miss, but that’s not the current law in Iowa.
Reasons Your Claim is Denied
Although you are eligible for workers’ comp from your first day on the job, some workers nonetheless have claims rejected. Insurers offer many reasons for denial, including:
- You are not an employee but an independent contractor. Independent contractors are not covered by workers’ comp.
- Your injury was pre-existing or happened outside of work. That is not an injury arising outside of employment.
- You did not report the accident in a timely manner.
- Your injury isn’t covered by workers’ compensation insurance. For example, you might have a mental health injury, and there are strict limits on when those are covered.
Instead of accepting the denial, contact Ball, Kirk & Holm, P.C. Our workers’ compensation attorneys can review your medical records and talk about how you were hurt. Workers’ comp benefits are no-fault and should apply to any on-the-job injury.
Insurance companies aggressively deny claims, using questionable reasoning. Helpfully, you can appeal any denial, and our firm will work with you to build a strong case.
Cutting Off Benefits Early
This is another hurdle injured workers face. Some claimants are told they are “healed” and must get back to work. The insurance company might even demand that you attend an Independent Medical Exam with a different doctor, who surprisingly says you are in good enough shape to return to work.
Call us if you are still struggling with pain and disability but:
- The insurance company is pushing you to return to light duty work.
- The insurer is putting pressure on your doctor to change your diagnosis or give the green light for you to return to work.
- You are told you must attend an Independent Medical Exam.
- Your benefits are cut off because the insurer claims you no longer qualify.
Our legal team can review whether you still deserve benefits. Pushing people to get back to work is one of the ways that insurance companies inflate their profits on the backs of injured people. We put people over profits and will defend your right to workers’ compensation benefits. We believe you deserve benefits until you truly can get back to work.
Call to Speak with a Lawyer about Your Injuries
Ball, Kirk & Holm, P.C. is a client-centered law firm in Iowa which is always available 24/7 to speak with clients about their case. Contact us today to review your workplace accident. We have helped workers in all sorts of industries, including technology, education, farming, manufacturing, and personal service. We know what evidence can establish eligibility for workers’ compensation benefits, and we have handled countless appeals for clients in Des Moines and around the state.