Mason City Workers

Any job carries some risk of injury. Of course, some jobs are more inherently dangerous than others. Electrical, manufacturing, and agricultural workers are especially prone to on-the-job accidents that can force them to miss several weeks of work. So in addition to the costs of treating their injuries, these workers also face the prospect of lost income.

Fortunately, Iowa’s workers’ compensation system protects most employees who are hurt on the job. But seeking workers’ comp benefits is often a more involved process than workers realize. This is where an experienced Mason City workers’ compensation lawyer can help. Ball, Kirk & Holm, P.C., has been helping workers for more than 60 years in asserting their rights to medical, disability, and wage replacement benefits under workers’ compensation. Our attorneys are available 24/7 to assist clients in need. So whether you are filing an initial claim for benefits or negotiating a settlement with your employer’s insurance carrier, we can help you fight for the maximum compensation you are entitled to under the law.

What Types of Injuries Does Iowa Workers’ Compensation Cover?

Workers’ compensation broadly covers any injury or disease arising from a covered worker’s employment. It does not cover preexisting health conditions. But if a work-related incident aggravates a preexisting condition, the employee may be eligible for workers’ compensation benefits.

At Ball, Kirk & Holm, P.C., we handle workers’ compensation claims on behalf of workers affiliated with some of Iowa’s most prominent employers and labor unions, including:

• Rockwell Collins, Inc. (Cedar Rapids)
• Winnebago Industries, Inc. (Forest City)
• Tyson Fresh Meats, Inc. (Waterloo)
• Vermeer Manufacturing Co. (Pella)
• John Deere & Co. (Waterloo & Dubuque)
• United Auto Workers (UAW) members in Waterloo & Dubuque
• International Brotherhood of Electrical Workers (IBEW) members in Waterloo & Dubuque

According to the U.S. Bureau of Labor Statistics, there were approximately 34,000 non-fatal occupational injuries and illnesses reported by Iowa’s private employers in 2020. This puts the state’s rate of injuries per 100 workers (3.3) above the national average (2.7). Some of the more common injury types that we see with our own clients include:

• repetitive strains and strained muscles;
• contusions and bruises;
• cuts and lacerations;
• puncture wounds;
• burn wounds due to electrocution or chemical exposure;
• bone fractures;
• crushing injuries, such as when a worker is trapped by machinery; and
• traumatic brain injuries (concussions).

Workers’ compensation also covers occupational-related illnesses. While catching a cold from a co-worker will generally not qualify someone for workers’ comp, if you have developed a condition that can be directly tied to an occupational cause–such as contracting mesothelioma from asbestos exposure–then you are entitled to benefits.

How Iowa Workers Can Seek Workers’ Compensation Benefits

Workers’ compensation is often described as a “no fault” system. What this means is that unlike a personal injury claim, you do not have to prove your employer was negligent or caused your accident. Nor can your employer refuse to pay workers’ comp benefits simply because your own actions may have contributed to the accident.

There are several categories of workers’ compensation benefits:

• Medical: Your employer must cover all reasonable and necessary medical expenses arising from your injury or illness. Your employer generally has the right to choose your healthcare provider. But the employee is entitled to seek reasonable travel expenses when obtaining treatment.
• Disability: When you are unable to return to your job for more than 3 calendar days due to a workplace injury or illness, you may receive disability benefits to cover a portion of your lost wages. Generally, the weekly disability benefit is 80 percent of your gross earnings before payroll deductions, subject to certain minimum and maximum benefits established by state law. Additional disability benefits may apply if you sustain permanent partial or total disability.
• Vocational: If you cannot return to your pre-injury job, you may qualify for vocational rehabilitation benefits to partially cover the cost of obtaining training for a new job.
• Death: When a worker dies due to a work-related injury or illness, their surviving spouse and dependents are eligible to receive death benefits. The surviving spouse can receive weekly benefits for life or until they remarry. Dependent children may receive death benefits until the age of 18, or if they remain dependent as adults until age 25. Workers’ compensation also provides a $7,500 benefit to pay for the employee’s funeral burial expenses.

If you have suffered a workplace injury, you must notify your employer within 90 days to preserve your right to workers’ compensation benefits. Ideally, you should notify your employer as soon as possible after the accident. The employer must then report the injury to its insurance company and the Iowa Division of Workers’ Compensation (DWC).

Your employer then conducts an investigation into your injury report and decides whether to accept or deny your workers’ compensation claim. If your employer denies your claim, they must give a reason. You then have the right to file for arbitration with DWC within 2 years of your injury.

FAQs About Iowa Workers’ Compensation

Can I file a personal injury lawsuit against my employer?

So long as your employer is covered by Iowa workers’ compensation, that is your exclusive remedy for seeking compensation for a work-related injury or illness. You may, however, have a personal injury claim against a third party whose actions contributed to your injuries.

Are independent contractors eligible for workers’ compensation benefits?

Bona fide independent contractors are not covered by an employer’s workers’ compensation insurance. But if you believe that you are a statutory employee who has been illegally misclassified as an independent contractor, you may be able to seek workers’ comp benefits.

Do I need to hire an attorney to file a workers’ compensation claim?

No. You can file a claim without legal representation. But if your employer or their insurance company denies or refuses to respond to your claim, an experienced Iowa workers’ compensation attorney can assist you in navigating the process of taking formal legal action to assert your rights.

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

For more than 60 years, the Mason City workers’ compensation attorneys at Ball, Kirk & Holm, P.C., have been helping people just like you obtain substantial settlements from employers and insurance companies. Call us today at 319-220-0416 or contact us online to schedule a free consultation at our Waterloo or Iowa City offices. We are available to our clients 24/7 and we work on a contingency basis, so we do not get paid until you do.