What to Do When Your Employer Lists You As an Independent Contractor

What to Do When Your Employer Lists You As an Independent Contractor

When you’re hurt in a serious work accident, you need workers comp benefits from your employer to recover the costs you’ve suffered. But that may be easier said than done. That’s especially true if your employer lists you as an independent contractor. They may deny your workers comp claim on these grounds. 

Luckily, your lawyer can step in and help you get the benefits you’re due for your injuries

Independent Contractor Status Can Hurt Your Benefits 

Independent contractors are not considered employees when it comes to workers comp benefits. Because of this, you may be ineligible for workers comp benefits. But what if you’re certain you’re an employee? 

Unfortunately, many employers misclassify employees as independent contractors as a ploy to save money. They may try to avoid taxes or paying for workers comp benefits by considering you an independent contractor. Luckily, you have options to get your workers comp benefits to protect your health and finances. 

How a Workers Comp Lawyer Can Help 

When you’ve been denied workers comp benefits, it can be tough to fight back and get the benefits you’re due. You’re still injured, and you probably don’t have experience in workers comp law. Luckily, a respected workers comp lawyer in Iowa will fight for justice in your name. 

If your employer has claimed you’re an independent contractor, your lawyer could help you prove them wrong. Independent contractors usually work on their own terms, without the same rules and restrictions as an employee. Your lawyer will help you gather evidence showing you are or were an employee based on your work responsibilities and other evidence. 

Your Workers Comp Claim Process After a Denial 

So what can you do when you’re denied on these grounds? Your workers comp lawyer will need to step in to help you overcome the denial and get compensated fairly for your losses. 

First, you and your lawyer will need to review the reason for your denial and gather evidence that disproves it. Once you have the evidence you need, you can request a hearing for your claim. Your lawyer will present the evidence before the insurance company and your employer for your benefits. If they still refuse to compensate you, your lawyer may suggest pursuing a formal hearing. 

This formal hearing is held before the Iowa Workers Compensation Commissioner. The commissioner will review your evidence and your employer’s evidence, then choose to appeal or deny your claim. 

Connect with a Workers Comp Lawyer to Seek Your Max Benefits 

If your employer states that you’re considered an independent contractor, they may be looking for an opportunity to avoid paying for your losses. Because of this, you may need help from an experienced workers comp lawyer serving your Iowan community.

At Pothitakis Law Firm, PC, we know how tough it may be to seek workers comp benefits, tha’s why our expert legal team is here to will work diligently in pursuit of your benefits. Find help when you call 319-754-6400 or when you fill out the online contact form below.

What to Expect at Your Iowa Workers Comp Hearing

What to Expect at Your Iowa Workers Comp Hearing

When you’re hurt in a work-related accident, you may be ready for your workers comp benefits to make your recovery easier. But you may not have gotten your benefits. You were denied workers comp, and now you’re suffering for that loss.

You have a chance to change that decision with a workers comp lawyer. Know what to expect at your Iowa workers comp hearing, and you may be able to dismiss that denial and get benefits during your physical recovery.

Presentation of Evidence

Your Iowa workers comp hearing may focus on proving the reason for your workers comp denial was wrong. For example, the reason you were denied may surround a lack of evidence. In these cases, you and your workers comp lawyer may seek more medical exams and second opinions from trusted doctors.

If you’re worried about presenting complex evidence, don’t worry—your workers comp lawyer can present the evidence for your claim. They have experience with technical evidence and expert witnesses. By letting your workers comp lawyer prepare the evidence for your hearing, you have a chance to focus on your injuries and your healing.

Be Prepared for Questions

Proving you’re due workers comp benefits isn’t about the evidence alone. Your employer’s lawyer may ask you questions about your work accident and the details of your claim. They may also try to trip you up, to prove you’re not telling the truth about your claim.

Your lawyer can help you prepare for this portion of the hearing. Answering the question as truthfully as possible is often the best way to settle your claim. Your lawyer can guide you through what you should say and what details to include in your statements.

Getting Your Workers Comp Benefits

The key part of your Iowa workers comp hearing for you may be the decision on your workers comp benefits. You need that support to comfortably recover from your injuries, which may be severe. A deputy Iowa Workers’ Compensation Commissioner will preside over your claim and decide whether you’re due workers comp benefits.

Luckily, your hearing can successfully wrap up your claim. The commissioner will approve or deny your claim during the hearing. If you’re approved, you’ll then receive the workers comp benefits you’re due for your work-related accident.

Talk to a Lawyer Before Your Iowa Workers Comp Hearing

Even if you think you have an open-and-shut case, your workers comp benefits aren’t always easy to get. You may need to take your claim to a hearing, where you and your lawyer will present your claim in front of a workers compensation commissioner. But what can you expect at your Iowa workers comp hearing?

If you’re inexperienced in the courtroom, you may need help from the lawyers at Pothitakis Law Firm, PC. They have the tools you need to get the workers comp benefits you’re due. To learn more about our services, start with a free consultation when you call 319-754-6400 or fill out the online contact form below.

Employer Retaliation and Your Iowa Workers Comp Rights

Employer Retaliation and Your Iowa Workers Comp Rights

When you’re hurt on the job, getting workers comp benefits can be easier said than done. You may be worried about more than a denial letter, too. You may be worried that your boss will retaliate against you for filing a workers comp claim. 

While it’s illegal in Iowa to retaliate against someone for seeking workers compensation, employers don’t always follow the law to the letter. Because of this, you may need to learn more about employer retaliation and your Iowa workers comp rights. That information can help you get the right lawyer on your case to protect your rights as a worker. 

What If My Employer Retaliates Against Me? 

In Iowa, it’s illegal to terminate employment just because you filed a workers comp claim. That means if your employer fired you, you may have grounds for a lawsuit. You have a right to your workers comp benefits when you’re hurt on the job. 

Your employer may have also broken the law if they demoted you, cut your pay, or took disciplinary action against you. If the action is unfounded and based on the fact that you were seeking workers comp, they could face penalties for their actions. 

If you believe your employer has retaliated against you, your workers comp lawyer in Iowa can help you gather evidence for your case. You’ll need to prove you’re due workers comp benefits, that your employer took action against you, and that your employer reacted to your workers comp claim. 

Gathering Evidence for Your Workers Comp Claim

If you have grounds to file a lawsuit against your employer, gathering evidence may be your first step to getting justice after your employer retaliates against you. The evidence you need to prove your claim may depend on the details of your claim and why you believe your employer is acting inappropriately. 

For example, your employer may have said something directly to you or another person at your place of employment. Video evidence, written statements, and eyewitnesses can all help your claim succeed. 

If you’re unsure what evidence to use for your claim, your workers comp lawyer can help. They have the tools you need to gather evidence that helps your claim, and they can present that evidence in the courtroom against your employer. 

Protect Your Iowa Workers Comp Rights with a Lawyer

When you’re hurt on the job, you may need your Iowa workers comp benefits in order to recover quickly and completely. It’s hard to recover from a serious injury without that financial support. Unfortunately, your employer may do more than deny your claim. They may retaliate against you, trying to protect profits and avoid paying for your loss. 

At Pothitakis Law Firm, PC, we’re prepared to fight for the workers comp benefits you’re due. We’re also here to help workers who have been retaliated against take legal action to recover. If you believe your employer illegally retaliated against you, call 319-754-6400 or complete the online contact form below to learn more about your options during a free consultation. 

How Much Time Do I Have to File a Workers Comp Claim?

How Much Time Do I Have to File a Workers Comp Claim?

When you’re hurt at work, you need medical care as soon as possible. That medical care may mean time away from work, and you may be due workers comp benefits for your losses. So how much time do you have to file a workers comp claim in Iowa? 

Your time to file is limited, so it’s important not to hesitate on your claim. Luckily, an Iowa workers comp lawyer can help you file the right paperwork and act now. If you’re denied, your lawyer can also represent you in court and help you seek the benefits you’re due. 

Filing Your Workers Comp Claim

After your accident, you need to file your claim as soon as possible. In Iowa, you only have ninety days to file a claim for your workers comp benefits. If you don’t act in that time, you may be denied compensation, leaving you to pay for your losses on your own, putting financial strain on you and your family. 

But filing as soon as possible has other benefits. The sooner you go to the hospital and request workers compensation for your claim, the better chance you have of avoiding a dispute. If you wait for some time before filing your workers comp claim, the insurance company may claim your injuries were unrelated to the work accident, for example. 

What If I’m Denied IowaWorkers Comp Benefits? 

Once you’ve filed your Iowa workers comp claim, your employer has only a few days to file a claim with the insurance company. That means you should get an approval and your benefits within a few days, so you don’t have to worry about your medical expenses and time away from work. But what if that approval never comes? 

If you were denied workers compensation, or if your benefits were cut short, you have a chance to fight back. If you never received benefits, you have two years to file, while Iowa workers who receive some benefits have three years to file. If time has already passed since you were denied, you may need to speak with your workers comp lawyer about acting fast to get your workers compensation. 

You may need those benefits sooner rather than later, and your lawyer can help you act now and act quickly. Your lawyer can use this time to gather evidence and help you plan your hearing. 

Connect with a Workers Comp Lawyer to Act Now 

If you’ve been injured on the job, you may have grounds for seeking Iowa workers comp benefits. But how much time do you have to file a workers comp claim? Unfortunately, you may have less time than you’d like for your claim. 

Here’s the good news—the lawyers at Pothitakis Law Firm, PC can help you file your workers comp claim on time and dispute any denial as soon as possible. We also offer free consultations so you know what to expect before you file your claim. To work with a lawyer, reach out by calling 319-754-6400 or by completing the online contact form below. 

What if I’m Not Satisfied with My Workers Comp Doctor?

What if I'm Not Satisfied with My Workers Comp Doctor?

After a work accident, it can be difficult to recover from your injury. Everyone responds to injuries in different ways, and because of this, you may have some trouble getting the care you believe you need. In some cases, you may also feel unsatisfied with your workers comp doctor. Do you have options in this case? If you don’t get the right treatment and answers, you could be offered fewer benefits and even have to wait longer for them.

If you’re unhappy with your medical treatment, you may have options. Below are a few things you need to keep in mind when seeking a medical exam after your work-related accident. 

Who Chooses Your Workers Comp Doctor? 

When you’re seriously injured, your first instinct may be to turn to your usual doctor. They know your health record, and they may have better insight into your health. But your usual doctor may not be covered under your workers comp benefits. 

In Iowa, your employer gets to choose your doctor. Your employer is required to cover the expenses of the doctor they choose, rather than letting you choose your own doctor. While you’re not required to accept treatment from these doctors, your employer also isn’t required to cover the costs. But what if you’re not satisfied with your workers comp doctor? Luckily, your workers comp lawyer can help. 

Grounds for Choosing Your Own Doctor In Iowa

In some cases, you may be unhappy with the treatment you’ve gotten. For example, the doctor may have given you a lower impairment rating than you should receive. That means you may have to go back to work because the workers comp doctor said you were fine, even though you weren’t. That could lead to more pain and even a second injury. 

To avoid this, you and your workers comp lawyer may request a second opinion from your doctor of choice. Your employer may be required to cover these expenses, and it gives you a better chance to get a fair impairment rating and treatment. 

If you’re not sure how to request a second opinion, your workers compensation lawyer can help. They can help you communicate with your employer and their insurance company to get the treatment you deserve. 

Get the Right Doctor with a Workers Comp Lawyer’s Help 

If you’ve been injured in a work accident, you may have already spoken to your workers comp doctor. Unfortunately, you may also feel unsatisfied with them. So what happens if you’re not satisfied with your workers comp doctor? 

At Pothitakis Law Firm, PC, we understand how difficult it can be to get a fair impairment rating and seek the workers comp benefits you’re due. If you’re struggling to get the answers and assistance you need from your workers comp doctor, talk to a work compensation lawyer in Iowa who can help you get fair treatment.

Ready to get a second opinion? Start with a free legal consultation when you call 319-754-6400 or when you complete the online contact form below.