Des Moines Workers’ Compensation Lawyer

Des Moines Workers’ Compensation Attorneys

Most Iowa employers are required to provide workers’ compensation benefits to employees who are injured on the job. As a “no-fault” system, an employer must pay medical and wage loss benefits regardless of how the injury occurred. Yet many Des Moines-area workers struggle when it comes to getting their employer–and their insurance company–to actually fulfill their responsibilities under the law. Our Des Moines workers’ compensation lawyers can help. Ball, Kirk & Holm, P.C., has a proven record of obtaining results for our clients in workers’ comp disputes with their employers. We know all of the key employers in the area and represent clients throughout the state. And with offices in Waterloo and Iowa City, we can meet with you at your convenience to discuss your case.

Give us a call at (319) 220-0416 or submit an online contact form to request a free, no-obligation consultation.

A Word from Our Clients

Taking Workplace Injuries Seriously

Although injuries occur in every workplace, the Des Moines region has a notable concentration of employees in high-risk occupations, such as electricians and meatpackers. Some of the employers we deal with on a regular basis include John Deere, Rockwell Collins, Winnebago Industries, Tyson Fresh Meats, and Vermeer Manufacturing. But it is also important to note that workers’ compensation covers virtually every Des Moines employer regardless of its size or number of employees.

Some of the more common types of injuries that we see in our workers’ compensation practice include:

• chemical burns;
• falling injuries;
• hearing loss;
• motor vehicle accidents;
• occupational illnesses;
• repetitive motion injuries;
• soft tissue damage;
• slip-and-fall/trip-and-fall accidents; and
• workplace violence

While Iowa workers’ compensation law does not require an employee to prove that an employer’s negligence caused their injury, the worker may need to show how their injury arose in the course of their employment. Many employers try to avoid their workers’ comp obligations by attempting to point to a pre-existing or intervening cause of a worker’s injury. So you must be prepared to explain where and how your accident occurred. It is also important to note that even if you have a pre-existing injury, you may still be entitled to claim workers’ compensation benefits if a work-related event aggravated your condition.

What Does Iowa Workers’ Compensation Actually Cover?

First and foremost, an employer must pay for any “reasonable and necessary medical care” required to treat an employee’s workplace injury. This includes the employee’s reasonable travel expenses for obtaining treatment. An employee can even receive a mileage allowance to use their personal vehicle to go to and from their medical appointments.

If you miss more than 3 days of work due to your workplace injury, you are also entitled to temporary total disability (TTD) benefits starting on the fourth day. TTD benefits replace some–but not all–of your wages due to time missed from work. Depending on the severity of your injury, you may also be eligible to other types of disability benefits, including:

• temporary partial disability, which covers you if you have to return to work at a lower-paying position;
• healing period, which covers you while recovering from an injuries that leads to a permanent impairment;
• permanent partial disability, which covers you if you suffer a permanent impairment or restriction that prevents you from earning wages at your pre-injury levels;
• scheduled member disabilities, which provides a fixed number of weeks of payments in the event of a loss of a body part or permanent disfigurement; and
• permanent total disability, which covers you if you are incapable of returning to any form of gainful employment.

Iowa workers’ compensation also provides death benefits to the dependents of an employee who dies from an on-the-job injury. This includes payments to a surviving spouse for life (or until they remarry) or to a child until they reach the age of 18 or 25.

How Do You Apply for Workers’ Compensation Benefits in Des Moines?

Unless your employer is already aware of your injury, you must notify them within 90 days of the accident or occurrence to preserve your right to workers’ compensation benefits. Once you report the injury, the employer then has 4 days to file a first report with the Iowa Workers’ Compensation Commissioner if you are forced to miss more than 3 days of work or sustain a permanent injury.

Your employer then decides whether to pay or deny your workers’ compensation claim. Under the law, you must either receive benefits or file an application for arbitration against your employer within 2 years of your injury. If you have received workers’ compensation benefits but believe you are entitled to benefits, you have 3 years from the date of the last payment received to file for arbitration.

The Iowa Division of Workers’ Compensation arbitrates all workers’ compensation disputes. You have the right to work with your own Des Moines workers’ compensation attorney when appearing before the Division. Because of the “no-fault” nature of workers’ comp, however, you must pursue your claim through the Division rather than filing a personal injury lawsuit against your employer.

FAQs About Iowa Workers’ Compensation

How much will my wage replacement benefits be?

The weekly benefit rate is based on 80 percent of your “weekly spendable earnings” prior to your accident, but the actual benefit cannot exceed a specified maximum rate per week.

Can I choose my own doctor?

Not in most cases. Under Iowa workers’ compensation law, your employer generally has the right to select your healthcare provider. But in an emergency, you can go to a provider of your choice if you cannot reach your employer or their representative.

Can I sue a third party for causing my workplace injury?

Workers’ compensation does not cover third parties, i.e., individuals and entities outside the control of your employer. So it is possible to file a personal injury lawsuit against such parties. But your employer and their insurance carrier may file a lien against any personal injury judgment you receive to recuperate the money they spent on your benefits. (Your employer may also decide to sue the third party itself.)

Contact Ball, Kirk & Holm, P.C. Today

Dealing with a serious on-the-job injury is difficult. Our Des Moines workers’ compensation lawyers strive to try and make things better by ensuring your employer meets their obligations to you. So if you have been injured at work and need legal advice, call Ball, Kirk & Holm, P.C., today at 319-220-0416 or contact us online to schedule a free consultation. We are available to our clients 24/7 to answer any questions or concerns they might have.

Contact us today for a free consultation by filling out our contact form or calling (319) 220-0416.