Des Moines Workers' Compensation Lawyer
Helping Injured Workers Throughout Polk & Warren Counties
After a work accident, your family shouldn’t have to deal with the strain of your lost wages and medical bills. Speak with a Des Moines work accident attorney about your work comp benefits today.
Although we might try to avoid an on-the-job injury, accidents can happen any time. Unfortunately, you might be the one suffering for that accident. Now, you’re injured, unable to work, and the whole ordeal is putting a financial strain on both you and your family.
You’re in a difficult situation, but our attorneys at Pothitakis Law Firm can help. If you’re struggling to secure your workers’ comp or form an appeal after your claim was denied, reach out to a Des Moines work accident lawyer. We can focus on your claim while you focus on recovery.
Benefits After a Work Accident
When you’ve been injured at work, the aftermath can be expensive and lengthy. Fortunately, most Iowa workers should be eligible for certain benefits to help them recover from their accidents.
If you’ve been injured at work, you should be entitled to the following benefits:
- Medical Benefits – Whether you will need a brief doctor’s visit, or extended care and future surgeries, all medical care should be covered. If the expense was incurred during the course of your recovery, your work comp benefits should kick in to cover it.
- Partial Disability Benefits – If you’ve been injured but are able to return to work in some capacity, you should still receive a portion of these benefits. You’ll likely receive two-thirds of the difference between your original wages and the new light-duty position to make up for the change.
- Total Disability Benefits – In some cases, you might be completely unable to work. In this case, you’ll receive a percentage of your original wages until you can return to work or are able to retire.
The Work Comp Claims Process in Des Moines
The process for obtaining your work comp claim benefits isn’t always easy, but certain Iowa laws were enacted to streamline the process as much as possible.
First, you’ll need to notify your employer within 90 days of the accident. If you don’t act in time, you could be putting your compensation at risk. After you’ve filed an injury report with your employer, the process is out of your hands.
Your employer must file your claim with the insurer, who will assess your claim and send you a denial or approval letter with your benefits information. If your employer fails to notify the insurer, they could face serious consequences. An experienced work comp lawyer in Des Moines can answer any additional questions you have, or they can help you prepare an appeal if you have already been denied.
In many cases, the workers’ compensation claims process in Iowa involves several key steps:
- Reporting your injury to your supervisor or employer as soon as possible after the accident, and making sure the date, time, and circumstances are clearly documented.
- Getting appropriate medical care from a provider approved by your employer or its insurance company, while keeping copies of all medical records and work restrictions.
- Confirming the claim filing with the insurance carrier and monitoring correspondence so you know when your claim has been accepted, denied, or sent for further review.
- Reviewing benefit calculations to be sure your average weekly wage and any disability benefits are correctly computed under Iowa workers’ compensation law.
- Seeking legal guidance from a workers compensation attorney if anything seems incorrect, delayed, or if you receive a denial and need to consider an appeal.
Many injured workers in Polk County and the Des Moines area also have questions about what happens if their employer or the insurance company disagrees with their doctor, wants a second opinion, or schedules an independent medical exam. In Iowa workers compensation claims, you may have options to challenge medical decisions or seek additional evaluation, and a workers compensation attorney can help you understand how those options apply to your situation under state law.
It can also be confusing to know where your case might be heard if there is a dispute, especially when you are already dealing with treatment at places like MercyOne Des Moines Medical Center or UnityPoint Health – Iowa Methodist Medical Center. A workers compensation lawyer Des Moines residents trust can guide you through deadlines, hearings before the Iowa Workers’ Compensation Commissioner, and any appeals that could ultimately involve courts located in or near downtown Des Moines.
When to Talk to a Des Moines Work Comp Lawyer
Many injured workers are unsure about the right time to get legal help, and they worry about calling too early or waiting too long after an accident. In reality, speaking with a workers comp attorney soon after you report your injury can help you avoid common mistakes, such as missing deadlines, declining needed medical care, or returning to work before you fully understand your restrictions. Early guidance is especially important if your accident happened at a construction site, manufacturing plant, or other high-risk job in or around Des Moines, because these cases can involve complex medical issues and long-term wage loss.
You may also want to reach out to a lawyer if your checks are late, your medical bills are not being paid, or your employer is pressuring you to do tasks that exceed your restrictions. A work compensation attorney Des Moines workers turn to for help can review your situation, explain your rights under Iowa law, and communicate with the insurance company so you are not left trying to protect your claim alone while you recover. Getting this kind of support can be especially valuable if your case could end up in proceedings connected to the Iowa Workers’ Compensation Commissioner or courts that serve Polk County.
See Our Success Stories
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$1 Million Workers Slip and Fall
After hearing, the Deputy Workers’ Compensation Commissioner entered an award fully in favor of the Claimant finding him permanently and totally disabled. The Decision resulted in an award with the present value of in excess of $1 million. In addition, the Defendants were ordered to pay the Claimant’s medical expenses for the remainder of his life.
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$450,000 Partial Commutation
In 2013, our client was a truck driver who was fatally injured in a tragic auto accident. He was married at the time and as a result his wife was entitled to Workers’ Compensation benefits. Those benefits would end upon her death or shortly after she were to remarry. The surviving spouse was finding it difficult to live on the weekly Workers’ Compensation benefits and for other reasons wanted to have the money paid in a lump sum.
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Workers’ Comp Appeal Results in Settlement
Pothitakis Law Firm pursued this claim for in excess of three and a half years. Mr. Pothitakis conferenced with the claimant’s doctors and obtained reports over those years to put the claimant in the best position to obtain a favorable result at hearing. When the initial decision was inappropriate, Pothitakis Law Firm filed an appeal and was successful on that appeal.
Combat a Denial with a Des Moines Work Accident Attorney
Unfortunately, you might already be looking at a work comp denial letter. A small mistake can leave you holding the full bill for your pain and suffering. That doesn’t mean you have to manage your claim alone.
Meet with a lawyer from the Pothitakis Law Firm, about your claim, starting with a free consultation. You have a right to appeal your claim, and a lawyer can give you the best chance to achieve a positive outcome.
When you receive a denial, it can help to break the situation into clear questions:
- What reason did the insurer give for denying your claim, such as late reporting, a dispute over whether the injury was work-related, or questions about your medical records?
- Did you meet all deadlines for reporting your injury and cooperating with reasonable requests for information or medical examinations under Iowa workers’ compensation rules?
- What additional evidence, such as updated medical reports, witness statements, or wage documentation, might help strengthen your position on appeal?
- Does your situation justify an appeal to the Iowa Workers’ Compensation Commissioner, and what timelines and procedures apply to that next step?
When you need benefits following a work injury, reach out to a Des Moines work accident lawyer. Our attorneys can be reached by calling (319) 318-0450 or by completing the online form on this page.