Addressing Your Questions After An Accident At Your Workplace
According to Iowa labor law, most employers must provide their employees with workers’ comp benefits. If you have been denied these benefits or just want to learn more about the topic, we invite you to read the questions and answers below:
What should I do if I’m injured on the job to start my workers’ comp claim?
First, inform your manager or supervisor about your injury a maximum of 90 days after your accident. Please consider that this step is fundamental to starting your workers’ comp claim. You also need to receive medical care from the insurance carrier’s list of authorized health care providers, so workers’ comp refunds your medical bills.
Can I file a lawsuit against my employer because my accident was their fault?
Generally, if an employee receives workers’ comp, they waive their right to sue their employer. However, you may consider filing a lawsuit if you haven’t received workers’ comp benefits that are rightfully yours or if the insurance carrier acted in bad faith when settling your case. Every case is unique and deserves close attention and analysis. We can explore your options, verify if you received fair compensation and fight for your workers’ comp benefits.
Will I receive workers’ comp even if the accident was my fault?
Yes. Workers’ comp is no-fault insurance, and you will receive all the benefits required for your recovery. However, some restrictions may apply if:
- An employee’s injury is not work-related
- An employee was under the influence of alcohol or drugs when the accident occurred
- An employee’s injuries resulted from their aggressive behavior against other employees or themselves
In some cases where the injuries caused due to an employee’s aggressive or even depressive behavior were the result of their work activities, workers’ comp insurance may cover such expenses.
My accident was due to a contractor’s negligence. Can I file a lawsuit against them?
Also yes. Workers’ comp insurance does not cover third parties. You may file a civil lawsuit against the negligent third party to recover damages and maximize your compensation.
Can my employer fire me if I’m off work with workers’ comp benefits?
The intimidating answer is that nothing may stop your employer from firing you. This is when our attorneys can help you make your case and see if you may file a wrongful termination lawsuit against your employer. We can help you investigate why your employer fired you and build a solid case to protect your rights.
Do You Have More Questions? We Have A Free Consultation For You.
Labor law can be complex and full of traps. At Loney & Schueller, LLC, we will help you navigate the legal system to protect your rights as an injured employee.
Contact our West Des Moines office today to schedule an appointment with our attorneys. Call 888-912-8250 or fill out our online form.