Frequently Asked Questions in Iowa Workers’ Compensation

Workers’ compensation is a statutory system to provide medical care and cash money for employees that are injured on the job.

Iowa workers’ compensation does not cover pre-existing problems unless the work aggravates or worsens the pre-existing problem. For example, many people have pre-existing back problems but are able to do their job. If the employment ends up aggravating your back condition, then you are entitled to receive workers’ compensation benefits.

If a person is considered an independent contractor rather than an employee, then the person is not covered by workers’ compensation.
There are several other exceptions for classes of people not covered by workers’ compensation. The largest category of workers not covered by work comp is agricultural workers. Even for agricultural workers, there are exceptions that do allow them to be covered by Iowa workers’ compensation. The ag worker exceptions are very detailed, and it is best to discuss them with a lawyer.

As long as the injury took place while you were in the process of performing a work-related duty, you will generally be entitled to receive work comp benefits.

You should verbally report the injury as soon as possible. You should quickly follow up with a written report of the injury and keep a copy of it for yourself.

Iowa law has two different time limits that apply in workers’ compensation. First, you must report an injury within 90 days. However, we strongly recommend immediate reporting. The passage of time generally works against the injured employee.
Second, there is another time limit for filing a workers’ compensation petition. If the employer and insurance carrier have never paid you any weekly cash benefits, then the petition must be filed within two years of the date of injury. If the employer and insurance carrier have paid you weekly benefits, then the petition must be filed within three years of the last payment of weekly benefits.

Under Iowa law, if the employer and insurance carrier accept your injury as work related, they have the right to choose the medical provider. If the employer and insurance carrier deny your injury, you can choose your health care providers. You can also sue the employer and insurance carrier for reimbursement of the medical expenses and for additional cash benefits.

The answer is no if your injury is an accepted claim. However, if the employer and insurance carrier are denying that the injury is work related and you are using your personal health insurance, you will have to pay your regular co-pays and deductibles. If you hire a lawyer and contest the denial of your claim, your lawyer will attempt to have your out-of-pocket expenses repaid to you as part of the case.

In Iowa, an injured employee’s exclusive remedy for a work injury is through the workers’ compensation system. The employee is not allowed to bring a civil action against the employer and work comp insurance company.

At that point you need to hire a lawyer to bring a petition on your behalf to contest the denial and attempt to obtain medical and cash benefits for you.

Please see our previous post on September 17, 2024 titled “When Do You Need or Not Need a Lawyer in an Iowa Work Comp Case” for our observations of when a lawyer is necessary and when they are not necessary.

There are a number of different types of settlements in Iowa workers’ compensation. These different types of settlements have a wide range of impact on your future. You should definitely consult with a lawyer before entering into a settlement of your claim.
Our law firm begins representing many injured workers after they have received a settlement offer from the insurance company. The way we generally handle cases at this stage is that the worker receives 100% of the money they have been offered by the insurance company. We receive a one-third contingent fee for any additional money we are able to obtain for the injured worker.

No. Workers’ compensation payments are tax free.