Iowa adopted the workers’ compensation system to make it easier for injured workers to receive benefits after an on-the-job injury. The state removed any requirement that a worker prove fault to receive benefits. Instead, these benefits are no fault, and workers only need to show they picked up an illness or injury in the course of working a job to qualify for benefits.
Nonetheless, some workers make critical errors which either delay or frustrate their claim. Call Ball Kirk & Holm, P.C. to speak with an experienced lawyer. One of our Des Moines workers’ compensation lawyers can provide more advice and ensure your case stays on track. If you were initially denied benefits, we might file an appeal.
Mistake #1: You Wait Too Long to Report Your Injury
You must report your injury within 90 days of the accident which injures you. If you are diagnosed with an occupational illness, then you must notify your boss within 90 days of diagnosis. Those who wait too long and see their claim denied. That would mean no compensation or benefits.
Mistake #2: You Delay Medical Care
Prompt care is essential for improving the chances of making a full recovery. Further, by receiving care, you show your employer you are trying to get better.
Mistake #3: You Do Not Go to the Right Doctor
A little-known fact about workers’ compensation in Iowa: your employer gets to decide which physician treats you. (Iowa Code § 85.27.) They might post a list of providers for you to choose from. Unless your injury is life-threatening, you should go to a provider on the list. Otherwise, the insurer might refuse to pay for your medical treatment, even if you were hurt at work.
When reporting your accident, ask Human Resources which doctor you should visit. They might point you toward a doctor employed by the company.
Mistake #4: Not Following Your Treatment Plan
A major mistake is stopping treatment early. Some workers do not think their treatment is working, so they simply stop going to see the doctor. That is a major mistake.
If you stop treatment, then an insurer could cut off benefits under the theory you do not want to get well. Instead, you should seek a second opinion about your condition if you have reached a plateau.
Avail yourself of all recommended treatment, including physical therapy. Serious injuries need rehab so a worker can reach maximum medical improvement.
Mistake #5: Accidentally Missing Appointments
You might skip the occasional appointment because it does not fit your schedule. Many injured workers can no longer drive, so they are dependent on friends or family getting them to a doctor’s appointment. Sometimes we need to miss an appointment because no one will drive us. In other cases, people simply forget they had an appointment that day.
It is never ideal to miss an appointment. Try to reschedule. In any event, get back into your schedule and stick to it, otherwise an insurer might allege you are not trying to heal.
Mistake #6: Posting About Your Accident or Injuries on Social Media
Insurance companies love looking at a worker’s social media profiles, which are usually a treasure trove of information. For example, they might check to see if you are going to rehab or whether you are traveling for pleasure, which might suggest you are not hurt.
We recommend setting all profiles to private and not posting anything after that. Wait until your lawyer gives you the green light to begin posting on social media.
Even something innocent like pictures of your child’s birthday could cause problems. Suppose you are smiling in photos. The insurer might claim you are not really hurt anymore, so they pressure you to get back to work, using the photograph as evidence.
Mistake #7: Treating an Insurer Like a Friend
These insurance companies have one goal: to get you off workers’ compensation and back to work as quickly as possible. They might push you to have an independent medical exam (IME) if they do not think you are as injured as you claim. They could also pressure a doctor to release you back to work, with or without restrictions.
Although you don’t need to be hostile to insurance company representatives, you must realize they do not have your back. Only a lawyer wants what is best for you and is a real advocate in your corner.
Mistake #8: Going Back to Work Too Soon
You should wait until your doctor gives you the green light to return to work. Also speak up if you still feel intense pain or limitations. Light duty work might be too difficult, especially soon after an accident. Don’t feel pressured to return to work too soon until you feel up for it.
Mistake #9: Settling a Claim for Too Little
Workers with lingering disabilities often settle their claims. However, it’s critical not to settle for too little. Work with an attorney to ensure your case is handled properly and that the settlement is fair under the law. One issue in dispute is a workers’ impairment rating, which has a direct impact on how much they receive in a settlement.
Mistake #10: Not Availing Yourself of Vocational Rehabilitation Benefits
Iowa workers might qualify for vocational rehab, which can help you qualify for a different job or enter a new industry after an accident. These benefits help workers find suitable employment when permanent disabilities prevent them from returning to their old job. Never assume you don’t need vocational rehab. Additional training can be expensive to get, and you might as well get it now if you hope to switch careers.
Call an Experienced Des Moines Workers’ Compensation Lawyer for Help
Ball, Kirk & Holm, P.C. has tackled workers’ compensation claims for people in various industries around the state. Call us if you were hurt while working and need assistance making a claim. We also excel at appeals and can explain more in a free consultation. We are always available 24/7 for our clients.