Workers’ Compensation Application Process in Des Moines
Guiding Des Moines Employees Through the Workers’ Compensation Application Process
Were you injured at work and are now facing mounting medical bills? Are your injuries so severe that you are temporarily or permanently unable to do your job? If you are aware that you are entitled to workers’ compensation but are not sure how to access benefits, we can help.
Our attorney at the Pothitakis Law Firm has been helping employees navigate the workers’ compensation application process in Des Moines for over 20 years. We are well-versed in how to help employees get fair compensation in a wide range of scenarios, from repetitive strain injuries to accident-related injuries to occupational illnesses. Even if your claim is initially denied, we are committed to your case and will do everything possible to deliver a favorable outcome.
You owe our firm nothing unless we win, so call (319) 209-9197 or contact us online to schedule a complimentary, no-risk consultation. Se habla español.
How Do I Apply for Workers’ Compensation in Des Moines, Iowa?
In theory, getting workers’ compensation after an on-the-job injury or the discovery of a work-related medical condition should be straightforward. In practice, the workers’ compensation application process in Des Moines is often more confusing and difficult than it should be. Before you attempt to request benefits, you should confirm you are eligible.
You likely qualify for workers’ compensation in Iowa if:
- You work for a private employer with at least one employee
- You are a part-time or full-time employee
- Your injury was work-related, meaning it happened while you were on the clock or was caused by your performing your job responsibilities
- You were not intoxicated or trying to hurt yourself or someone else at the time of an accident
If you meet these criteria, your employer is probably required to carry workers’ compensation insurance under the law. To get benefits, you must report your injury to your employer within 90 days of the day of an injury-causing accident or the day you discovered your injury may be work-related. If you wait too long, your claim may be denied.
You may not immediately realize an injury is work-related if it is an occupational illness (caused by exposure to harmful materials) or a repetitive strain injury (caused by repeated motions required by your job), both of which are covered by workers’ compensation insurance policies. In these instances, you have 90 days from the day you discovered (or reasonably should have discovered) these conditions may be work-related.
To protect your ability to get workers’ compensation, you should make every effort to tell your employer in writing about your injury as soon as you can. Once your employer learns of your injury, they must file a report with the Iowa Division of Workers’ Compensation and their insurance carrier within four days.
What If My Iowa Workers’ Compensation Claim Is Denied?
In most cases, your employer’s insurance company will quickly issue a decision on whether to grant benefits. If your claim is approved, you can start receiving disability payments on the 11th day after you became disabled.
Your claim could be denied even if you seemingly follow all rules and procedures. Should this happen, you should immediately get in touch with our skilled lawyer at the Pothitakis Law Firm. You will need to act quickly to ensure you get the benefits you deserve, which may require filing a formal appeal. If you have not received any benefits, you only have two years from the date you discovered your work-related injury to start an appeal. If you receive some benefits (meaning a portion of your claim is approved but not the claim in its entirety), you have three years from the date of final payment to file an appeal.
Our team has a complete understanding of the workers’ compensation application process in Des Moines, including how to approach negotiations and appeals. When your employer or their insurance company refuses to act in good faith, we will be there to protect your interests, move your case forward, and fight to get you the benefits you need and deserve.
No matter where you are in your effort to get compensation for work-related injuries, we are ready to provide sophisticated guidance and support. Call (319) 209-9197 or contact us online today.
Our Case Results
$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.
$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.
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.