If I do not realize I have an injury until several months after the injury occurred, is it too late for me to report and file the claim?

Under the Iowa Workers' Compensation laws, you are required to 1) report your injury within ninety days of the date of its occurrence and 2) file the claim within two years of the date of the injury (or three years if you receive weekly workers compensation benefits). These are the two deadlines you have to meet in order to pursue a successful worker’s compensation claim.

In certain situations the 90-day deadline and the two year deadline can be extended. If you do not recognize the nature, seriousness, and probable compensable character of the injury, you may be able to extend the deadlines.   An example would be if you have some aches and pains that you don’t report because you suspect they will get better. If they do not get better after a several months, then they still may be able to pursue a viable claim. The argument is that you didn’t think the aches and pains were serious until they continued for several months.  It is always risky to wait on the reporting or filing of a claim and for this reason you should take action promptly.

Because of the complexity of these deadlines, it is important to speak to an experienced Iowa Workers’ Compensation Attorney. Many will offer a free initial consultation similar to Pothitakis Law Firm, P.C.