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If you think you deserve workers' comp, you should act quickly.

If you have been injured while working or you were injured while performing work-related activities, you may be eligible for workers' compensation. Under Iowa law, there are time limitations restricting the amount of time you have to file a workers' compensation claim. These regulations are important to know and follow if you want to ensure that your claims are reported promptly and handled appropriately.

What is the first step?

After you have determined that you have sustained a work-related injury that has caused you to miss more than three days of work, your first step is to notify your employer. There is a 90-day time period following an injury wherein the employer must know that an injury occurred. If an injury is reported after this 90-day window, the claim may be denied and you may lose the opportunity to procure benefits, namely compensation.

What is next?

Once an employer has received appropriate notice, a report must be filed with both the Workers' Compensation Commissioner and the insurer within four days of the employer being notified. All employers are required to maintain a current record of all reported workplace injuries if the injury reported prevents an employee from working for a full day.

Any filed reports are required to be reported by means of the Electronic Data Interchange (EDI). All documents regarding workers' compensation can be found on the Iowa state workers' compensation website. Many of the documents listed will provide additional instructions regarding any steps that need to be taken in individual circumstances or how to go about contacting any relevant authorities should you have questions. If you have further inquiries, it may be helpful to speak with a legal professional.

Additional limitations

There are statutes of limitations for both the first few years following an injury. According to Iowa state law, benefits may be denied if you do not receive weekly compensation benefits or if you do not file an application for arbitration within the first two years following an injury. If you do receive workers' compensation benefits, you have three years after the last weekly payment to file an action with the Workers' Compensation Commission to receive additional benefits.

The time immediately following an injury can feel stressful and overwhelming. Fortunately, there are many resources to assist you as you go about the process of procuring appropriate benefits.

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Lawyer, Lawyer, Dutton & Drake, L.L.P.

Lawyer, Lawyer, Dutton & Drake, L.L.P.
1415 Grand Ave.
West Des Moines, IA 50265

Phone: 515-421-8825
Fax: 515-223-4121
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